Textual Amendments
F1Sch. 1A inserted (23.12.2016 for the purpose of making regulations under sch. 1A paras. 2(4), 9(1), 10(6) and otherwise prosp.) by Land Reform (Scotland) Act 2016 (asp 18), ss. 101(3), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
10(1)Residential accommodation on an agricultural holding is surplus to the extent that it exceeds what is necessary to provide accommodation for the standard labour requirement of the holding.S
(2)In determining, for the purposes of paragraph 7(4)(b), whether residential accommodation is surplus the Land Court—
(a)may take into account whether the standard labour requirement of the holding varies (seasonally or otherwise),
(b)must disregard —
(i)any accommodation all or part of which is occupied by the tenant of the holding,
(ii)any accommodation if the tenant is prohibited (by the lease or otherwise) from subletting it.
(3)But any such prohibition as is mentioned in sub-paragraph (2)(b)(ii) is to be ignored if the tenant has sublet the accommodation by virtue of section 39(3) of the Agricultural Holdings (Scotland) Act 2003.
(4)In having regard for the purposes of paragraph 7(4)(b) to the open market rent for any surplus residential accommodation, the Land Court—
(a)must take into account all the circumstances, including—
(i)the condition of the accommodation and its location, and
(ii)where accommodation is occupied by a retired agricultural worker, under an arrangement or agreement between the landlord and the tenant of the holding, at no rent or at a rent that is below what the open market rent for that accommodation would otherwise be, that fact,
(b)where the accommodation is not currently let, must disregard that fact.
(5)Where regard is had to the open market rent for surplus residential accommodation for the purposes of paragraph 7(4)(b), that accommodation is to be disregarded for the purposes of paragraph 7(4)(c).
(6)The Scottish Ministers may by regulations make provision about the standard labour requirement of agricultural holdings, including—
(a)how the standard labour requirement of an agricultural holding is to be determined,
(b)the information to be provided by the landlord and the tenant of a holding to the Land Court to enable the court to determine the standard labour requirement of the holding.
(7)Regulations under sub-paragraph (6) are subject to the affirmative procedure.]