Explanatory Notes

Agricultural Holdings (Scotland) Act 2003

2003 asp 11

17 April 2003

Introduction

Part 5:  Miscellaneous Amendments to the 1991 Act

Section 69:  Good husbandry and conservation activities

229.This section amends section 85 of the 1991 Act to prevent tenants under a 1991 Act tenancy from being determined as having failed in their obligations to fulfil their responsibilities to farm in accordance with the rules of good husbandry by reason only that they are undertaking conservation activities or a non-agricultural use of the land in accordance with section 40 or 41 of the 2003 Act.

230.Subsection (2) inserts new subsections (2A) and (2B) into section 85 of the 1991 Act. These new subsections require conservation activities and non-agricultural uses under section 40 or 41 to be treated as being in accordance with the rules of good husbandry if any of the criteria set out in subsection (2A) are met.