Land Reform (Scotland) Act 2025

Assignation in relation to 1991 Act tenancies

16 Assignation of tenancy

(1) The Agricultural Holdings (Scotland) Act 1991 is modified as follows.

(2) In section 10A (assignation of tenancy)—

(a) in subsection (1A), for paragraphs (b) to (n) substitute—

“(aa) a spouse or civil partner of—

(i) a tenant’s descendant,

(ii) a tenant’s sibling,

(ab) in relation to a tenant’s spouse or civil partner—

(i) that person’s sibling,

(ii) a spouse or civil partner of such a sibling,

(iii) a descendant of such a sibling.”,

(b) after subsection (1A) insert—

“(1B) For the purpose of subsection (1A)—

(a) a reference to a spouse or civil partner of a person (“person A”) includes, where person A has died, a reference to a person who was the spouse or civil partner of person A immediately prior to person A’s death,

(b) two people are siblings if they have at least one parent in common,

(c) a step-child or, as the case may be, step-sibling of a person is to be treated as being the same as a child or, as the case may be, sibling of a person (and subsection (1A)(a) is to be read as if the rules of intestacy applied accordingly).”,

(c) in subsection (2), after “assignee” insert “(including the proposed assignee’s relationship to the tenant)”,

(d) in subsection (3B)(a), for “of the notice” substitute “on which the notice is given”,

(e) in subsection (4), for “30 days of the giving of the notice” substitute “the period of 28 days beginning with the date on which the notice is given”,

(f) in subsection (5), for “under this section shall, in so far as it so purports, be null and void” substitute “in accordance with this section or in accordance with an order of the Land Court made under section 60 is, in so far as it so purports, null and void”,

(g) in subsection (6), for paragraphs (a) to (m) substitute—

“(aa) a tenant’s parent,

(ab) in relation to a tenant’s child—

(i) that child,

(ii) that child’s spouse or civil partner,

(iii) a descendant of that child,

(ac) in relation to a tenant’s sibling—

(i) that sibling,

(ii) that sibling’s spouse or civil partner,

(iii) a descendant of that sibling,

(ad) in relation to a tenant’s spouse or civil partner—

(i) that spouse or civil partner,

(ii) that spouse or civil partner’s sibling,

(iii) a descendant of that sibling.”,

(h) after subsection (6) insert—

“(7) For the purpose of subsection (6)—

(a) a reference to a spouse or civil partner of a person (“person A”) includes, where person A has died, a reference to a person who was the spouse or civil partner of person A immediately prior to person A’s death,

(b) a step-child of a person is to be treated as being the same as a child of a person.”.