Editorial Information
X1Editorial note: The substitution of s. 13 and its cross-heading and the insertion of sch. 1A by the Land Reform (Scotland) Act 2016 (asp 18), s. 101(2)(3) (version dated 23.12.2016 on the timeline) has been brought into force only for the purpose of making regulations under paras. 2(4), 9(1) and 10(6) of sch. 1A. For s. 13 and its cross-heading as it otherwise remains in force, see the version dated 22.3.2011.
Textual Amendments
F1S. 13 and cross-heading substituted (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(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
(1)This section applies where the landlord of an agricultural holding intends to carry out a relevant improvement.
(2)A “relevant improvement” is an improvement specified in schedule 5 which is not intended to be carried out—
(a)at the request of or in agreement with the tenant,
(b)in pursuance of an undertaking given by landlord under section 39(3), or
(c)in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment.
(3)The landlord must give notice in writing to the tenant before carrying out the relevant improvement, unless section 14F applies.
(4)A notice served in accordance with this section is a “landlord improvement notice”.
(5)A landlord improvement notice must be dated and state the following—
(a)the names and designations of the landlord and the tenant,
(b)the name (if any) and the address of the holding or such other description of the holding as will identify it,
(c)details of the intended improvement, including the manner of the improvement,
(d)the landlord's reasons as to why the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry.]
Textual Amendments
F2Ss. 14A-14F inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 119(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 9)