Agricultural Holdings (Scotland) Act 1991

9 Arbitration as to permanent pasture

(1) Where under the lease of an agricultural holding, whether entered into before or after the commencement of this Act, provision is made for the maintenance of specified land, or a specified proportion of the holding, as permanent pasture, the landlord or the tenant may, by notice in writing served on the other party, demand a reference to arbitration under this Act of the question whether it is expedient in order to secure the full and efficient farming of the holding that the amount of land required to be maintained as permanent pasture should be reduced.

(2) On a reference under subsection (1) above the arbiter may by his award direct that the lease shall have effect subject to such modifications of its provisions as to land which is to be maintained as permanent pasture or is to be treated as arable land, and as to cropping, as may be specified in the direction.

(3) If the arbiter gives a direction under subsection (2) above reducing the area of land which is to be maintained as permanent pasture, he may also by his award direct that the lease shall have effect as if it provided that on quitting the holding on the termination of the tenancy the tenant should leave—

(a) as permanent pasture, or

(b) as temporary pasture sown with seeds mixture of such kind as may be specified in that direction,

(in addition to the area of land required by the lease, as modified by the direction, to be maintained as permanent pasture) a specified area of land not exceeding the area by which the land required to be maintained as permanent pasture has been reduced by the direction under subsection (2) above.