Agricultural Holdings (Scotland) Act 1991

1. Introductory Text

2. Part I Agricultural Holdings

   1. 1. Meaning of “agricultural holding” and “agricultural land”.

   2. 2. Leases for less than year to year.

   3. 3. Leases to be continued by tacit relocation.

3. Part II Terms of Leases and Variations Thereof

   1. 4. Written leases and the revision of certain leases.

   2. 5. Fixed equipment and insurance premiums.

   3. 6. Sums recovered under fire insurance policy.

   4. 7. Freedom of cropping and disposal of produce.

   5. 8. Record of condition, etc., of holding.

   6. 9. Arbitration as to permanent pasture.

   7. 10. Power of landlord to enter on holding.

   8. 11. Bequest of lease.

   9. 12. Right of landlord to object to acquirer of lease.

   10. Variation of rent

       1. 13. Variation of rent.

       2. 14. Arbitrations under sections 4 and 5.

       3. 15. Increase of rent for certain improvements by landlord.

   11. Termination of tenancy

       1. 16. Leases not terminated by variation of terms, etc.

       2. 17. Prohibition of removal of manure, etc., after notice to quit,etc.

       3. 18. Tenant’s right to remove fixtures and buildings.

       4. 19. Payment for implements, etc., sold on quitting holding.

       5. 20. Removal of tenant for non-payment of rent.

4. Part III Notice to Quit and Notice of Intention to Quit

   1. 21. Notice to quit and notice of intention to quit.

   2. 22. Restrictions on operation of notices to quit.

   3. 23. Consent by Land Court or arbitration on notices to quit.

   4. 24. Consents for purposes of section 22.

   5. 25. Termination of tenancies acquired by succession.

   6. 26. Certificates of bad husbandry.

   7. 27. Penalty for breach of condition.

   8. 28. Effect on notice to quit of sale of holding.

   9. 29. Notice to quit part of holding to be valid in certain cases.

   10. 30. Tenant’s right to treat notice to quit part as notice to quit entire holding.

   11. 31. Reduction of rent where tenant dispossessed of part of holding.

   12. 32. Further restrictions on operation of certain notices to quit.

5. Part IV Compensation for Improvements

   1. 33. Improvements.

   2. 34. Right to compensation for improvements.

   3. 35. Payment of compensation by incoming tenant.

   4. 36. Amount of compensation under this Part.

   5. 37. Consents necessary for compensation for some improvements.

   6. 38. Notice required of certain improvements.

   7. 39. Compensation for Sch. 5, Pt. II, improvements conditional on approval of Land Court in certain cases.

6. Part V Other Provisions Regarding Compensation

   1. Market gardens

      1. 40. Market gardens.

      2. 41. Direction by Land Court that holding be treated as market garden.

      3. 42. Agreements as to compensation relating to market gardens.

   2. Miscellaneous

      1. 43. Compensation for disturbance.

      2. 44. Compensation for continuous adoption of special standard of farming.

      3. 45. Compensation to landlord for deterioration etc. of holding.

      4. 46. Compensation for failure to repair or maintain fixed equipment.

      5. 47. Provisions supplementary to ss. 45 and 46.

      6. 48. Landlord not to have right to penal rent or liquidated damages.

      7. 49. Compensation provisions to apply to parts of holdings in certain cases.

      8. 50. Determination of claims for compensation where holding is divided.

      9. 51. Compensation not to be payable for things done in compliance with this Act.

      10. 52. Compensation for damage by game.

      11. 53. Extent to which compensation recoverable under agreements.

7. Part VI Additional Payments

   1. 54. Additional payments to tenants quitting holdings.

   2. 55. Provisions supplementary to s. 54.

   3. 56. Additional payments in consequence of compulsory acquisition etc. of agricultural holdings.

   4. 57. Provisions supplementary to s. 56.

   5. 58. Effect of early resumption clauses on compensation.

   6. 59. Interpretation etc. of Part VI.

8. Part VII Arbitration and Other Proceedings

   1. 60. Questions between landlord and tenant.

   2. 61. Arbitrations.

   3. 62. Claims on termination of tenancy.

   4. 63. Panel of arbiters, and remuneration of arbiter.

   5. 64. Appointment of arbiter in cases where Secretary of State is a party.

   6. 65. Recovery of compensation and other sums due.

   7. 66. Power to enable demand to remedy a breach to be modified on arbitration.

   8. 67. Prohibition of appeal to sheriff principal.

   9. Sheep stock valuation

      1. 68. Sheep stock valuation.

      2. 69. Submission of questions of law for decision of sheriff.

      3. 70. Determination by Land Court of questions as to value of sheep stock.

      4. 71. Statement of sales of stock.

      5. 72. Interpretation of sections 68 to 71.

9. Part VIII Miscellaneous

   1. 73. Power of Secretary of State to vary Schedules 5 and 6.

   2. 74. Power of limited owners to give consents, etc.

   3. 75. Power of tenant and landlord to obtain charge on holding.

   4. 76. Power of land improvement companies to advance money.

   5. 77. Appointment of guardian to landlord or tenant.

   6. 78. Validity of consents, etc.

10. Part IX Supplementary

    1. Crown and Secretary of State

       1. 79. Application to Crown land.

       2. 80. Determination of matters where Secretary of State is landlord or tenant.

       3. 81. Expenses and receipts.

       4. 82. Powers of entry and inspection.

    2. Land Court

       1. 83. Proceedings of the Land Court.

    3. Service of notices

       1. 84. Service of notices, etc.

    4. Interpretation

       1. 85. Interpretation.

       2. 86. Construction of references in other Acts to holdings as defined by earlier Acts.

       3. 87. Savings.

    5. Consequential amendments and repeals

       1. 88. Consequential amendments and repeals.

    6. Citation, commencement and extent

       1. 89. Citation, commencement and extent.

11. 1. Schedule 1

       Provisions Required in Leases.

    2. Schedule 2

       Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies.

       1. Part I Grounds For Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984.

       2. Part II Grounds for Consent to Operation of Notice to Quit a Tenancy Let on or After 1 January 1984.

       3. Part III Supplementary.

    3. Schedule 3

       1923 Act Improvements For Which Compensation May Be Payable.

       1. Part I Improvements For Which Consents Required.

       2. Part II Improvements For Which Notice Required.

       3. Part III Improvements For Which No Consents Or Notice Required.

    4. Schedule 4

       1931 Act Improvements For Which Compensation May Be Payable.

       1. Part I Improvements For Which Consent Required.

       2. Part II Improvements Of Which Notice Required.

       3. Part III Improvements For Which No Consent Or Notice Required.

    5. Schedule 5

       New Improvements For Which Compensation May Be Payable.

       1. Part I Improvements For Which Consent Is Required.

       2. Part II Improvements For Which Notice Is Required.

       3. Part III Improvements For Which No Consent Or Notice Required.

    6. Schedule 6

       Market Garden Improvements.

    7. Schedule 7

       Arbitrations.

    8. Schedule 8

       Supplementary Provisions with Respect to Payments Under Section 56.

    9. Schedule 9

       Valuation of Sheep Stock in Scotland in Respect of Old Leases.

       1. Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday.

       2. Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas.

       3. Part III Particulars to be Shown in an Arbiter’s Award.

       4. Part IV Interpretation.

    10. Schedule 10

        Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986.

        1. Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday.

        2. Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas.

        3. Part III Particulars to be Shown in an Arbiter’s Award.

        4. Part IV Interpretation.

    11. Schedule 11

        Consequential Amendments of Enactments.

    12. Schedule 12

        Transitionals and Savings.

    13. Schedule 13

        Repeals and Revocations.

        1. Part I Repeals.

        2. Part II Revocations.