Section 34 and schedule 2 - Repeals and minor modifications
155.This section and the accompanying schedule make a variety of repeals and minor modifications. Part 1 of schedule 2 repeals legislation that is typically spent – that is, no longer relevant or has been superseded in some way. However, three repeals of note are:
the repeal of section 6 of the Small Landholders (Scotland) Act 1911,
the repeal of section 17 of the Agriculture Act 1986, and
the repeal of section 8 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.
156.The repeal of section 6 of the 1911 Act removes a power to make or guarantee advances, either directly or indirectly to land banks or co-operative or credit societies having for their object or one of their objects the assistance of tenants, landholders or statutory small tenants, in the stocking, equipment, and profitable working of their holdings. This was used for a wide range of purposes but is now redundant given the powers in the Act.
157.The repeal of section 17 of the 1986 Act removes the duty on the Scottish Ministers to balance certain factors when carrying out their functions in relation to agriculture. This has been replaced by the duties in Part 1 of this Act.
158.The repeal of section 8 of ARELDS is because that section is no longer required. The legislation relating to the EU Food Promotion Scheme, which it provided a power to revoke, has already been revoked by the Retained EU Law (Revocation and Reform) Act 2023.
159.The minor modifications in Part 2 make a number of small changes to agricultural legislation, many as a consequence of the repeals in Part 1.
