PART 2The Scottish Land Commission
CHAPTER 3The Tenant Farming Commissioner
Tenant Farming Commissioner: codes of practice
27Tenant Farming Commissioner: codes of practice
I11
The Tenant Farming Commissioner must prepare codes of practice for the purpose of providing practical guidance to landlords and tenants of agricultural holdings and their agents.
2
The codes of practice may include, among other things, provision about—
I1a
negotiating and conducting rent reviews,
I1b
agreeing and recording improvements by tenants,
I1c
negotiating the fulfilment of the obligations of landlords and tenants,
I1d
the conduct of agents of landlords and tenants,
I1e
the process of succession and assignation,
I1f
determining compensation at waygo,
g
negotiating the terms of a modern limited duration tenancy and a repairing tenancy,
h
the management of sporting leases, and
i
game management.
I13
The Tenant Farming Commissioner must from time to time—
a
review the codes of practice,
b
revise the codes if the Commissioner considers it appropriate.
I14
Before the Tenant Farming Commissioner publishes a code of practice under this section, the Commissioner must consult any persons appearing to the Commissioner to have an interest in the draft code.
I15
After complying with subsection (4), the Tenant Farming Commissioner must—
a
publish the code in such form as the Commissioner considers appropriate, and
b
lay a copy of the code before the Scottish Parliament.
I16
Subsections (4) and (5) apply to a revised code of practice as they apply to a code of practice.
I17
A code of practice published under this section is admissible in evidence in any proceedings before the Land Court.
I18
If any provision of a code of practice published under this section appears to the Land Court conducting any proceedings to be relevant to any question arising in the proceedings the Land Court must take that provision of the code into account in determining that question.
I19
Subsections (7) and (8) apply to arbitration proceedings under section 61 of the 1991 Act or section 78 of the 2003 Act as they apply to Land Court proceedings.