Agricultural Holdings (Scotland) Act 1991 (c. 55)

SCHEDULES

SCHEDULE 2 S Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies

Part III S Supplementary

1 S For the purposes of section 25 of this Act and this Schedule—

• “amalgamation” means a transaction for securing that agricultural land which is comprised in a holding to which a notice to quit relates and which together with other agricultural land could form an agricultural unit, shall be owned and occupied in conjunction with that other land (and cognate expressions shall be construed accordingly);

• “near relative” in relation to a deceased tenant of an agricultural holding means a surviving spouse[F1 , surviving civil partner] or child of that tenant, including a child adopted by him in pursuance of an adoption order (as defined in section 23(5) of the M1 Succession (Scotland) Act 1964); and

• [F2 “viable unit” means an agricultural unit which in the opinion of the Land Court is capable of providing an individual occupying it with full-time employment and the means to pay—

  (a)

  the rent payable in respect of the unit; and

  (b)

  for adequate maintenance of the unit.]

Textual Amendments

F1 Words in Sch. 2 para. 1 inserted (30.6.2006) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2006 (S.S.I. 2006/379), arts. 1(1), 2

F2 Words in Sch. 2 para. 1 substituted (22.3.2011) by The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (S.S.I. 2011/232), arts. 1(1), 3(b)(i) (with art. 10)

Marginal Citations

M1 1964 c. 41.

2 S For the purposes of determining whether land is a [F3 viable unit], in assessing the capability of the unit of providing employment it shall be assumed that the unit is farmed under reasonably skilled management, that a system of husbandry suitable for the district is followed and that the greater part of the feeding stuffs required by any livestock kept on the unit is grown there.

Textual Amendments

F3 Words in Sch. 2 para. 2 substituted (22.3.2011) by The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (S.S.I. 2011/232), arts. 1(1), 3(b)(ii) (with art. 10)

3 S For the purposes of Case 7 of this Schedule, occupation of agricultural land—

(a) by a company which is controlled by the tenant shall be treated as occupation by the tenant; and

(b) by a Scottish partnership shall, notwithstanding section 4(2) of the M2 Partnership Act 1890, be treated as occupation by each of its partners.

Marginal Citations

M2 1890 c. 39.