The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017 and come into force on 30th November 2017.

(2) In these Regulations—

“1991 Act tenancy” has the same meaning as in section 93 of the 2003 Act (interpretation)(1);

“the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003;

“the 2016 Act” means the Land Reform (Scotland) Act 2016; and

“limited duration tenancy” has the same meaning as in section 93 of that Act(2).

Appointed day

2.—(1) 30th November 2017 is the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

(2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 30th November 2017 only for that purpose.

Saving provision: conversion from 1991 Act tenancy to limited duration tenancy

3.—(1) Despite its repeal by section 90(2) of the 2016 Act, section 2 of the 2003 Act (conversion from 1991 Act tenancy to limited duration tenancy) continues to have effect in respect of—

(a) an agreement between a landlord and a tenant under a 1991 Act tenancy to terminate that tenancy, where—

(i) that agreement is in accordance with section 2(1)(a) of the 2003 Act;

(ii) that agreement was made before 30th November 2017; and

(iii) the date specified in that agreement as being the date on which the termination is to have effect is on or after 30th November 2017; and

(b) a lease constituting a limited duration tenancy entered into in order to comply with section 2(1)(b) of the 2003 Act, which—

(i) is for a term of not less than 25 years;

(ii) comprises or includes the same land as that comprised in the 1991 Act tenancy being terminated by an agreement to which paragraph (1)(a) applies; and

(iii) has effect from the date on which the termination under that agreement has effect.

(2) Where section 2 of the 2003 Act continues to have effect by virtue of paragraph (1), the modification made by paragraph 3 of schedule 2 of the 2016 Act has no effect in relation to—

(a) an agreement to which paragraph (1)(a) applies; or

(b) a lease constituting a limited duration tenancy to which paragraph (1)(b) applies.

Saving provision: limited duration tenancies

4.  Despite its repeal by section 85(2) of the 2016 Act, section 5 of the 2003 Act (limited duration tenancies) continues to have effect in relation to a limited duration tenancy in existence immediately before 30th November 2017.

Transitory provision: modern limited duration tenancies

5.  Until the coming into force of section 92 of the 2016 Act (repairing tenancies: creation) for all purposes, section 5A(1)(c) of the 2003 Act (modern limited duration tenancies)(3) is to be read as if the reference to “a repairing tenancy”(4) was omitted.

Transitory provision: Sheriff Courts (Scotland) Act 1907

6.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 37A of the Sheriff Courts (Scotland) Act 1907 (removings: exception for certain tenancies)(5) is to be read as if the reference to “repairing tenancies” was omitted.

Transitory provision: Succession (Scotland) Act 1964

7.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 16(4A), (4C) and (9) of the Succession (Scotland) Act 1964 (provisions relating to leases)(6) is to be read as if references to “a repairing tenancy” were omitted.

Transitory provision: Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

8.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 7(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (interpretation of sections 4 to 6)(7) is to be read as if the reference to “a repairing tenancy” was omitted.

Transitory provision: Crofters (Scotland) Act 1993

9.  Until the coming into force of section 92 of the 2016 Act for all purposes, the following provisions of the Crofters (Scotland) Act 1993(8) are to be read as if references to “a repairing tenancy” were omitted:—

(a) section 3A(9)(a)(ii) (new crofts)(9);

(b) section 29(1)(b) (miscellaneous provisions regarding subleases of crofts)(10); and

(c) section 29B(b)(v) (status of tenant under a short lease)(11).

Transitory provision: Children (Scotland) Act 1995

10.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 76(11)(a) of the Children (Scotland) Act 1995 (exclusion orders)(12) is to be read as if the reference to “a repairing tenancy” was omitted.

Transitory provision: Town and Country Planning (Scotland) Act 1997

11.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 35(7) of the Town and Country Planning (Scotland) Act 1997 (notice etc. of applications to owners and agricultural tenants)(13) is to be read as if the reference to “a repairing tenancy” was omitted.

Transitory provision: Agricultural Holdings (Scotland) Act 2003

12.  Until the coming into force of section 92 of the 2016 Act for all purposes, the following provisions of the 2003 Act are to be read as if references to “a repairing tenancy” or “repairing tenancies” (as the case may be) were omitted:—

(a) section 10(1) (increase in rent: landlord’s improvements)(14);

(b) section 11 (variation of rent by Land Court)(15);

(c) section 12(1)(b) (right of tenant to withhold rent)(16);

(d) section 13(1) (written leases and the revision of certain leases)(17);

(e) section 14 (freedom of cropping and disposal of produce)(18);

(f) section 15 (permanent pasture)(19);

(g) section 19 (resumption and irritancy: supplementary)(20);

(h) section 21(1) (bequest of lease)(21);

(i) section 22(1) and (3) (right of landlord to object to acquirer of tenancy)(22);

(j) section 23 (effect of termination of tenancy where tenant deceased)(23);

(k) section 39(1)(d) (use of land for non-agricultural purposes)(24);

(l) section 42(1)(d) (tenant’s right to timber)(25);

(m) section 70(1)(b) (rights of certain persons where tenant is a partnership)(26);

(n) section 77(2)(a)(iib) and (4) (resolution of disputes by Land Court)(27); and

(o) section 81(a) (clauses in leases as to resolution of disputes)(28).

Transitory provision: Antisocial Behaviour etc. (Scotland) Act 2004

13.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 83(6)(f)(i) of the Antisocial Behaviour etc. (Scotland) Act 2004 (registration of certain landlords: application for registration)(29) is to be read as if the reference to “repairing tenancy” was omitted.

Transitory provision: Housing (Scotland) Act 2006

14.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 12(1)(c)(i) of the Housing (Scotland) Act 2006 (tenancies to which repairing standard duty applies)(30) is to be read as if head (E) was omitted.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

14th September 2017