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Scottish Statutory Instruments

2003 No. 248 (C. 12)

LANDLORD AND TENANT

The Agricultural Holdings (Scotland) Act 2003 (Commencement No. 1) Order 2003

Made

30th April 2003

The Scottish Ministers, in exercise of the powers conferred by sections 91(2) and 95(3) and (4) of the Agricultural Holdings (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Agricultural Holdings (Scotland) Act 2003 (Commencement No. 1) Order 2003.

Appointed day for certain provisions

2.  The day appointed for the coming into force of section 72 (other than subsections (2) and (10)) and, for those purposes, section 70(7) and (8) of the Agricultural Holdings (Scotland) Act 2003 is 22nd May 2003.

ROSS FINNIE

A member of the Scottish Executive

St. Andrew’s House Edinburgh

30th April 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force section 72 of the Agricultural Holdings (Scotland) Act 2003 on 22nd May 2003, with the exception of subsections (2) and (10) of that section. The Act received Royal Assent on 22nd April 2003.

The provisions brought into force have retrospective effect in certain circumstances to continue (and alter the rights of certain persons in relation to) agricultural holdings under the Agricultural Holdings (Scotland) Act 1991 (c. 55) which are tenanted by limited partnerships under the Limited Partnerships Act 1907 (c. 24). These provisions have effect where the tenancy is purported to be terminated by a notice of dissolution, renunciation or breach of tenancy by the limited partner.