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Agricultural Holdings (Scotland) Act 1991

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Commencement Orders yet to be applied to the Agricultural Holdings (Scotland) Act 1991

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Agriculture Act 1986 (c.49)E+W+S

43In section 14(a) for “the Agricultural Holdings (Scotland) Act 1949” substitute “ the 1991 Act ”.E+W+S

44In section 16—E+W+S

(a)in subsection (2), for “section 7 of the 1949 Act” substitute “ section 13 of the 1991 Act ”; and

(b)in subsection (7), for “section 86 of the 1949 Act” substitute “ section 79 of the 1991 Act ”.

45In section 18(6) for the words from “the absolute owner” to “1949” substitute “ the owner of the dominium utile ”.E+W+S

46In section 19(4) for “the Crofters (Scotland) Act 1955” substitute “ the 1955 Act ”.E+W+S

47After section 23 insert—E+W+S

23AIn this Act—

  • the 1886 Act” means the Crofters Holdings (Scotland) Act 1886;

  • the 1911 Act” means the Small Landholders (Scotland) Act 1911;

  • the 1955 Act” means the Crofters (Scotland) Act 1955; and

  • the 1991 Act” means the Agricultural Holdings (Scotland) Act 1991.

48In Schedule 2, paragraph 1(1)—E+W+S

(a)in the definition of “landlord”—

(i)in sub-paragraph (a), for “the 1949 Act” substitute “ the 1991 Act ” and for “section 93(1)” substitute “ section 85(1) ”; and

(ii)in sub-paragraph (c), for “the 1949 Act” substitute “ the 1991 Act ”;

(b)in the definition of “tenancy”, for “the 1949 Act” substitute “ the 1991 Act ”; and

(c)in the definition of “tenant”—

(i)in sub-paragraph (a), for “the 1949 Act” substitute “ the 1991 Act ” and for “section 93(1)” substitute “ section 85(1) ”; and

(ii)in sub-paragraph (c), for “the 1949 Act” substitute “ the 1991 Act ”.

49In Schedule 2, paragraph 3(1)(b), for “section 20 of the 1949 Act” substitute “ section 11 of the 1991 Act ”.E+W+S

50In Schedule 2, paragraph 7—E+W+S

(a)in sub-paragraph (2), for “the 1949 Act” where it first occurs substitute “ the 1991 Act ” and for “section 7 of the 1949 Act” substitute “ section 13 of the 1991 Act ”; and

(b)in sub-paragraph (4)—

(i)in sub-paragraph (a)(i), for “section 93 of the 1949 Act” substitute “ section 85 of the 1991 Act ”;

(ii)in sub-paragraph (a)(iii), for “the 1949 Act” substitute “ the 1991 Act ” and

(iii)in sub-paragraph (b), for “section 93 of the 1949 Act” substitute “ section 85 of the 1991 Act ”.

51In Schedule 2, paragraph 10(1)—E+W+S

(a)in sub-paragraph (a), for “the 1949 Act” substitute “ the 1991 Act ” and for “section 78” substitute “ section 60(2) ”; and

(b)for “section 75 (or, where the circumstances require, sections 77 and 87) of the 1949 Act” substitute “ section 60(1) (or, where the circumstances require, sections 64 and 80) of the 1991 Act ”.

52In Schedule 2, paragraph 11—E+W+S

(a)in sub-paragraph (1)(a), for “the 1949 Act” substitute “ the 1991 Act ” and for “section 78” substitute “ section 60(2) ”;

(b)in sub-paragraph (4)—

(i)for “section 75 (or, where the circumstances require, sections 77 and 87) of the 1949 Act” substitute “ section 60(1) (or, where the circumstances require, sections 64 and 80) of the 1991 Act ”; and

(ii)for “paragraph 13 of the Sixth Schedule” substitute “ paragraph 14 of Schedule 7 ”; and

(c)in sub-paragraph (5), for “section 61 of the 1949 Act” substitute “ section 50 of the 1991 Act ”.

53In Schedule 2, for paragraph 12 substitute— “ Sections 65 and 75(1), (2), (4) and (6) of the 1991 Act (recovery of sums due and power of tenant to obtain charge on holding) shall apply in relation to any sum payable to the tenant under this Schedule as they apply to sums payable under that section. ”E+W+S

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