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The Agricultural Holdings (Scotland) Act 1991 (Variation of Schedule 5) Order 2019

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Agricultural Holdings (Scotland) Act 1991 (Variation of Schedule 5) Order 2019 and comes into force on the day after the day on which it is made.

(2) In this Order, “1991 Act” means the Agricultural Holdings (Scotland) Act 1991.

Variation of Part II of schedule 5 of the 1991 Act

2.—(1) Part II of schedule 5 of the 1991 Act (improvements for which notice is required) is varied in accordance with paragraphs (2) to (4).

(2) For paragraph 17, substitute—

17.  Installation, provision, distribution or storage of electricity, gas, power, heat or  light..

(3) For paragraph 22, substitute—

22.  Provision of means of sewage, waste or pollutant disposal, or provision of means of managing water on land..

(4) After paragraph 23, insert—

23A.  Erection of structures for the management or storage of slurries or manures.

23B.  Provision of means of storing silage.

23C.  Works to dwellings..

Variation of Part III of schedule 5 of the 1991 Act

3.—(1) Part III of schedule 5 of the 1991 Act (improvements for which no consent or notice is required) is varied in accordance with paragraphs (2) to (4).

(2) For paragraph 29, substitute—

29.  Eradication of bracken, whins or broom growing on the holding at the commencement of the tenancy..

(3) After paragraph 29, insert—

29A.  Removal of tree roots, boulders, stones or other similar obstacles to cultivation from arable land or from permanent grass land..

(4) For paragraph 30, substitute—

30.  Application to land of soil improvers, conditioners, digestates, manure or fertiliser, whether organic or inorganic..

Saving provision

4.  The variations made by articles 2 and 3 have no effect in relation to an improvement begun prior to the coming into force of this Order.

  FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

9th January 2019

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