Agricultural Holdings (Scotland) Act 2003 Explanatory Notes

Section 80:  Other provisions as to the resolution of disputes

265.This section applies certain provisions of the 1991 Act to the resolution of disputes relating to SLDTs, LDTs and grazing or mowing lets under section 3 of the 2003 Act.

266.Subsection (1) applies section 62 of the 1991 Act to any claim arising on the termination of a SLDT, LDT or lease for grazing or mowing under section 77(2)(c) of the 2003 Act. Section 62 of that Act sets out time limits within which claims must be intimated and an application to the Land Court made under section 77(4) or a reference to arbitration or other determination made under section 78(1) of the 2003 Act.

267.Subsection (2) applies section 65 of the 1991 Act to an award or agreement made under the 2003 Act. Section 65 of that Act makes provision for the recording of such an award for execution in the Books of Council and Session (a public register for deeds and documents) or sheriff court books for the purposes of enforcing the award or agreement.

268.Subsection (3) applies the Land Court’s power under section 66 of the 1991 Act to modify the terms of a demand by a landlord that the tenant remedy a breach of the terms of the lease, to a determination of the Court under the 2003 Act.

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