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The Land Reform (Scotland) Act 2016 (Commencement No. 5 and Transitory Provisions) Regulations 2017

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Scottish Statutory Instruments

2017 No. 20 (C. 3)

Landlord And Tenant

The Land Reform (Scotland) Act 2016 (Commencement No. 5 and Transitory Provisions) Regulations 2017

Made

24th January 2017

Laid before the Scottish Parliament

26th January 2017

Coming into force

13th March 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2) and (4) of the Land Reform (Scotland) Act 2016(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 5 and Transitory Provisions) Regulations 2017 and come into force on 13th March 2017.

(2) In these Regulations “the Act” means the Land Reform (Scotland) Act 2016.

Appointed day

2.  13th June 2017 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

Transitory provision: amnesty for certain improvements by tenant

3.  Until the coming into force of section 85 of the Act (modern limited duration tenancies: creation) for all purposes, section 112(1) of the Act (amnesty for certain improvements by tenant) is to be read as if for paragraph (b) there were substituted—

(b)a tenant—

(i)under a short limited duration tenancy within the meaning of section 4 of the 2003 Act, or

(ii)under a limited duration tenancy within the meaning of section 5 of that Act,

intends to claim compensation under section 45 of that Act..

Transitory provision: section 45A of the Agricultural Holdings (Scotland) Act 2003

4.  Until the coming into force of section 85 of the Act for all purposes, section 45A of the Agricultural Holdings (Scotland) Act 2003(2) (amnesty under the Land Reform (Scotland) Act 2016) is to be read as if for “, a limited duration tenancy or a modern limited duration tenancy” there were substituted “or a limited duration tenancy”.

Transitory provision: amnesty notice

5.  Until the coming into force of section 85 of the Act for all purposes, section 114(5) of the Act (amnesty notice) is to be read as if for “, limited duration tenancy or modern limited duration tenancy” there were substituted “or limited duration tenancy”.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

24th January 2017

Regulation 2

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 13TH JUNE 2017

Column 1

Provisions of the Act

Column 2

Subject-matter

112Amnesty for certain improvements by tenant
113Amendment of the Agricultural Holdings (Scotland) Acts
114Amnesty notice
115Objection by landlord
116Referral to Land Court
117Amnesty agreements
118Arbitration and other dispute resolution

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to bringing into force particular sections of the Land Reform (Scotland) Act 2016 (“the Act”).

Regulation 2 and the schedule appoint 13th June 2017 for the coming into force of the provisions specified in column 1 of the table in the schedule. The sections of the Act which are being commenced relate to compensation for certain improvements by tenants.

Regulation 3 makes transitory provision so that the reference in section 112(1)(b)(iii) of the Act to a modern limited duration tenancy (“MLDT”) is to be ignored until section 85 of the Act (modern limited duration tenancies: creation) comes into force for all purposes.

Regulation 4 makes transitory provision so that the reference in section 45A of the Agricultural Holdings (Scotland) Act 2003 (inserted by section 113 of the Act) to an MLDT is to be ignored until section 85 of the Act comes into force for all purposes.

Regulation 5 makes transitory provision so that the reference in section 114(5) of the Act to an MLDT is to be ignored until section 85 of the Act comes into force for all purposes.

The Bill for the Act received Royal Assent on 22nd April 2016. Sections 125 to 127, 130 and 131 came into force on 23rd April 2016.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Land Reform (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations.

Provisions of the 2016 ActDate of CommencementInstrument No.
Section 11st October 2016S.S.I. 2016/193
Section 21st October 2016S.S.I. 2016/193
Section 31st October 2017S.S.I. 2016/193
Section 4(1) to (5)1st November 2016S.S.I. 2016/250
Section 4(6) to (8)1st April 2017S.S.I. 2016/250
Section 51st November 2016S.S.I. 2016/250
Section 61st April 2017S.S.I. 2016/250
Section 71st November 2016S.S.I. 2016/250
Section 81st April 2017S.S.I. 2016/250
Section 91st April 2017S.S.I. 2016/250
Section 101st November 2016S.S.I. 2016/250
Section 111st November 2016S.S.I. 2016/250
Section 12(1), (2), (3)(a), (4) and (5)1st November 2016S.S.I. 2016/250
Section 12(3)(b) (partially)1st November 2016S.S.I. 2016/250
Section 131st November 2016S.S.I. 2016/250
Section 141st November 2016S.S.I. 2016/250
Section 151st November 2016S.S.I. 2016/250
Section 161st November 2016S.S.I. 2016/250
Section 171st November 2016S.S.I. 2016/250
Section 181st November 2016S.S.I. 2016/250
Section 191st November 2016S.S.I. 2016/250
Section 201st November 2016S.S.I. 2016/250
Section 21(1) and (2)1st November 2016S.S.I. 2016/250
Section 21(3)1st April 2017S.S.I. 2016/250
Section 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5)1st April 2017S.S.I. 2016/250
Section 22(3)(a)(i)1st October 2017S.S.I. 2016/250
Section 231st April 2017S.S.I. 2016/250
Section 241st April 2017S.S.I. 2016/250
Section 251st April 2017S.S.I. 2016/250
Section 261st April 2017S.S.I. 2016/250
Section 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9)1st April 2017S.S.I. 2016/250
Section 281st April 2017S.S.I. 2016/250
Section 291st April 2017S.S.I. 2016/250
Section 301st April 2017S.S.I. 2016/250
Section 311st April 2017S.S.I. 2016/250
Section 321st April 2017S.S.I. 2016/250
Section 331st April 2017S.S.I. 2016/250
Section 341st April 2017S.S.I. 2016/250
Section 351st April 2017S.S.I. 2016/250
Section 361st April 2017S.S.I. 2016/250
Section 371st April 2017S.S.I. 2016/250
Section 381st April 2017S.S.I. 2016/250
Section 441st November 2016S.S.I. 2016/250
Section 7428th June 2016S.S.I. 2016/193
Section 7528th June 2016S.S.I. 2016/193
Section 7628th June 2016S.S.I. 2016/193
Section 7728th June 2016S.S.I. 2016/193
Section 7828th June 2016S.S.I. 2016/193
Section 7928th June 2016S.S.I. 2016/193
Section 8028th June 2016S.S.I. 2016/193
Section 8128th June 2016S.S.I. 2016/193
Section 8228th June 2016S.S.I. 2016/193
Section 8331st December 2016S.S.I. 2016/372
Section 8431st December 2016S.S.I. 2016/372
Section 85(1) and (3) (partially)23rd December 2016S.S.I. 2016/365
Section 89 (partially)23rd December 2016S.S.I. 2016/365
Section 92 (partially)23rd December 2016S.S.I. 2016/365
Section 98 (partially)23rd December 2016S.S.I. 2016/365
Section 100 (partially)23rd December 2016S.S.I. 2016/365
Section 101 (partially)23rd December 2016S.S.I. 2016/365
Section 102 (partially)23rd December 2016S.S.I. 2016/365
Section 10323rd December 2016S.S.I. 2016/365
Section 10423rd December 2016S.S.I. 2016/365
Section 10723rd December 2016S.S.I. 2016/365
Section 108(2) and (3)(a)(ii) and (b)23rd December 2016S.S.I. 2016/365
Section 10923rd December 2016S.S.I. 2016/365
Section 110 (partially)23rd December 2016S.S.I. 2016/365
Section 111(2) and (4) (partially)23rd December 2016S.S.I. 2016/365
Section 11923rd December 2016S.S.I. 2016/365
Section 12023rd December 2016S.S.I. 2016/365
Section 12123rd December 2016S.S.I. 2016/365
Section 12223rd December 2016S.S.I. 2016/365
Section 12323rd December 2016S.S.I. 2016/365
Section 12423rd December 2016S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 (partially)23rd December 2016S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraphs 7(16)(b) and 14 to 19 of schedule 223rd December 2016S.S.I. 2016/365
Section 129(2) and schedule 2 so far as they relate to paragraph 7(29) and (30)(b) of schedule 2 (partially)23rd December 2016S.S.I. 2016/365
(2)

2003 asp 11; section 45A is inserted by section 113(2) of the Land Reform (Scotland) Act 2016. Section 113(2) is commenced by these Regulations.

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