The Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003

Housing (Scotland) Act 1987 (c. 26)

10.  In the Housing (Scotland) Act 1987–

(a)in section 256 (application of this Part to agricultural tenants etc), in each place where it appears, for “the Agricultural Holdings (Scotland) Act 1991”(1), substitute “the Agricultural Holdings (Scotland) Act 1991 or the Agricultural Holdings (Scotland) Act 2003 (asp 11) (as the case may be)”;

(b)for the definition of “agricultural holding” in section 338(2), substitute–

“agricultural holding” means the land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or the land comprised in a lease constituting a short limited duration tenancy or a limited duration tenancy (within the meaning of that Act);

(c)in sub-paragraph (1) of paragraph 13 of Schedule 8(3)–

(i)immediately after “(increases of rent for improvements carried out by landlord)”, insert “or section 10 of the Agricultural Holdings (Scotland) Act 2003 (increase in rent: landlord’s improvements)”;

(ii)for “that section”, substitute “the respective section applying (as the case may be)”; and

(iii)immediately after “the said section 15”, insert “or (as the case may be) the said section 10”; and

(d)in sub-paragraph (2) of paragraph 13 of Schedule 8(4)–

(i)immediately after “(which make that right to compensation subject to certain conditions)” insert “or (as the case may be) section 49 (notice required for certain improvements) of the Agricultural Holdings (Scotland) Act 2003”; and

(ii)for “section 36 of that Act” substitute “section 36 of the Agricultural Holdings (Scotland) Act 1991 or section 47 of the Agricultural Holdings (Scotland) Act 2003”.

(1)

This reference was amended by the Agricultural Holdings (Scotland) Act 1991 (c. 55), Schedule 11, paragraph 54.

(2)

This definition was amended by the Agricultural Holdings (Scotland) Act 1991 (c. 55), Schedule 11, paragraph 55.

(3)

Paragraph 13(1) was amended by the Agricultural Holdings (Scotland) Act 1991 (c. 55), Schedule 11, paragraph 56(a).

(4)

Paragraph 13(2) was amended by the Agricultural Holdings (Scotland) Act 1991 (c. 55), Schedule 11, paragraph 56(b).