Textual Amendments
F1Pt. 3A inserted (23.12.2016 for specified purposes, 28.2.2021 in so far as not already in force) by Land Reform (Scotland) Act 2016 (asp 18), ss. 110(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2; S.S.I. 2020/428, reg. 2
Modifications etc. (not altering text)
Section 10A has effect in relation to an assignation by virtue of section 32U(2)—
(a)as if subsections (1), (1A) and (6) were omitted,
(b)as if, for subsections (3), (3A) and (3B) there were substituted—
“(3)The landlord may withhold consent to the proposed assignation if—
(a)the proposed assignee is not an individual who is a new entrant to farming or who is progressing in farming, or
(b)there are reasonable grounds for doing so.
(3A)In subsection (3)(b), reasonable grounds include, in particular, that the landlord is not satisfied that the proposed assignee—
(a)would have the ability to pay—
(i)the rent due under the lease, or
(ii)for adequate maintenance of the land, or
(b)has the skills or experience that would be required properly to manage and maintain the land in accordance with the rules of good husbandry.
(3B)The ground of objection in subsection (3A)(b) does not apply where the proposed assignee is a new entrant to farming and—
(a)is engaged in or will begin, before the expiry of the period of 6 months beginning with the date of the notice under subsection (2), a course of relevant training in agriculture which the person is expected to complete satisfactorily within 4 years from that date, and
(b)has made arrangements to secure that the holding is farmed with reasonable efficiency until the person completes that course.”.]