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Agricultural Holdings (Scotland) Act 1991
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- 1991 c. 55
- Part II
- Section 4
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- s. 4(1) text amended by 2003 asp 11 Sch. para. 12(a)
- s. 4(2) text amended by 2003 asp 11 Sch. para. 12(b)(i)(ii)
- s. 4(3) text amended by 2003 asp 11 Sch. para. 12(c )
- s. 4(4) text amended by 2003 asp 11 Sch. para. 12(d)(i)(ii)
- s. 61-61B substituted for s. 61 by 2003 asp 11 s. 76
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- Act restricted by 2003 asp 11 s. 1(2)
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- s. 45A inserted by 2003 asp 11 s. 51(1)
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Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2003/305 art. 2 commences (2003 asp 11)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2003/548 art. 2 commences (2003 asp 11)
- S.S.I. 2009/122 art. 3 commences (2006 asp 1)
4 Written leases and the revision of certain leases.S
(1)Where in respect of the tenancy of an agricultural holding—
(a)there is not in force a lease in writing; or
(b)there is in force a lease in writing, being either—
(i)a lease entered into on or after 1st November 1948, or
(ii)a lease entered into before that date, the stipulated period of which has expired and which is being continued in force by tacit relocation,
but such lease contains no provision for one or more of the matters specified in Schedule 1 to this Act or contains a provision inconsistent with that Schedule or with section 5 of this Act,
either party may give notice in writing to the other requesting him to enter into a lease in writing containing, as the case may be, provision for all of the matters specified in Schedule 1 to this Act, or a provision which is consistent with that Schedule or with section 5 of this Act; and if within the period of 6 months after the giving of such notice no such lease has been concluded, the terms of the tenancy shall be referred to arbitration.
(2)On a reference under subsection (1) above, the arbiter shall by his award specify the terms of the existing tenancy and, in so far as those terms do not make provision for all the matters specified in Schedule 1 to this Act or make provision inconsistent with that Schedule or with section 5 of this Act, make such provision for those matters as appears to the arbiter to be reasonable.
(3)On a reference under subsection (1) above, the arbiter may include in his award any further provisions relating to the tenancy which may be agreed between the landlord and the tenant, and which are not inconsistent with this Act.
(4)The award of an arbiter under this section or section 5 of this Act shall have effect as if the terms and provisions specified and made therein were contained in an agreement in writing between the landlord and the tenant, having effect as from the making of the award or from such later date as the award may specify.
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