http://www.legislation.gov.uk/id/asp/2016/18/schedule/2/part/4

http://www.legislation.gov.uk/asp/2016/18/schedule/2/part/4/crossheading/succession-scotland-act-1964/2016-12-23

Land Reform (Scotland) Act 2016

An Act of the Scottish Parliament to make provision for a land rights and responsibilities statement; to establish the Scottish Land Commission, provide for its functions and the functions of the Land Commissioners and the Tenant Farming Commissioner; to make provision about access to, and provision of, information about owners and controllers of land; to make provision about engaging communities in decisions relating to land; to enable certain persons to buy land to further sustainable development; to make provision for non-domestic rates to be levied on shootings and deer forests; to make provision about the change of use of common good land; to make provision about the management of deer on land; to make provision about access rights to land; to amend the law on agricultural holdings to provide for new forms of agricultural tenancy, to remove the requirement to register before tenants of certain holdings can exercise a right to buy, to provide a new power of sale where a landlord is in breach of certain obligations, to provide about rent reviews, to expand the list of the persons to whom holdings can be assigned or bequeathed and to whom holdings can be transferred on intestacy and to make provision about landlords' objections to such successor tenants, to provide for certain holdings to be relinquished where landlords agree or assigned to persons new to or progressing in farming, to provide for a 3 year amnesty period in relation to certain improvements carried out by tenants, and to provide for notice of certain improvements proposed by landlords; and for connected purposes.

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Statute Law Database

2022-01-25

Expert Participation

2016-12-23

Land Reform (Scotland) Act 2016

specified provision(s)

The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) (Modern Limited Duration Tenancies) Miscellaneous Amendments Regulations 2017

reg. 3

SCHEDULE 2AGRICULTURAL HOLDINGS: MINOR AND CONSEQUENTIAL MODIFICATIONS

PART 4Assignation and succession

Succession (Scotland) Act 1964

I114

1

The Succession (Scotland) Act 1964 is amended as follows.

2

In section 16 (provisions relating to leases)—

a

in subsection (2)(c), for “section 11” substitute “ section 12A or 12B ”,

b

in subsection (2A)(b), after “other than” insert “ the lease of a 1991 Act tenancy or ”,

c

in subsection (3)(b)(i)—

i

for “or an application to that court under section 11 of the 1991 Act” substitute “ , an application under section 12A of the 1991 Act or an appeal under section 12B of that Act to that court ”,

ii

for “or, as the case may be, the application” substitute “ , the application or, as the case may be, the appeal ”,

d

in subsection (8), for “, or, as the case may be, section 11(2) to (8) of the 1991 Act, or, as the case may be,” substitute “ , sections 11(8), 12A and 12B of the 1991 Act, ”.

3

In section 29 (right of tenant to bequeath interest under lease), in subsection (2), for “section 11” substitute “ sections 11 or 12A to 12C ”.