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Scottish Statutory Instruments

2003 No. 305 (C. 15)

LANDLORD AND TENANT

The Agricultural Holdings (Scotland) Act 2003 (Commencement No. 2) Order 2003

Made

4th June 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. 2) Order 2003.

Appointed day for certain provisions

2.  The day appointed for the coming into force of section 72(10) (and, for those purposes, section 70(7) and (8)) and section 73 of the Agricultural Holdings (Scotland) Act 2003 is 1st July 2003.

ROSS FINNIE

A member of the Scottish Executive

St. Andrew’s House, Edinburgh

4th June 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force sections 72(10) and 73 of the Agricultural Holdings (Scotland) Act 2003 (“the Act”) on 1st July 2003. The Act received Royal Assent on 22nd April 2003. The remainder of section 72 of the Act (other than subsection (2)) and section 70(7) and (8) of the Act for these purposes were brought into force by the Agricultural Holdings (Scotland) Act 2003 (Commencement No. 1) Order 2003 (S.S.I. 2003/248).

The provisions brought into force by this Order have effect where a tenancy under the Agricultural Holdings (Scotland) Act 1991 (c. 55) tenanted by a limited partnership under the Limited Partnerships Act 1907 (c. 24), which has continued by virtue of section 72 of the Act, is purported to be terminated by the dissolution of the limited partnership by a notice which was served, or by a renunciation or breach of tenancy which occurs, after the relevant date set by the Agricultural Holdings (Relevant Date and Relevant Period) (Scotland) Order 2003 (S.S.I. 2003/294) for the purposes of section 72(7) and (10) of the Act.