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Land Reform (Scotland) Act 2025

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This is the original version (as it was originally enacted).

Part 11General and interpretation

Restriction on contracting out of small landholders’ statutory rights

84Any term of a contract or agreement entered into by a small landholder purporting to deprive the small landholder of a right conferred on the small landholder by this schedule is void unless the contract or agreement is approved by the Land Court.

Restriction on contracting out of rights to apply to Land Court

85Any term of—

(a)a lease to which this schedule applies, or

(b)any agreement in connection with such a lease (other than an agreement under paragraph 74(1)),

that makes provision restricting any right of the landlord or small landholder to apply to the Land Court by virtue of this schedule to have a matter determined by the Court is, so far as it makes that provision, of no effect.

Interpretation

86In this schedule—

  • “cultivation” means the use of land for horticulture or husbandry and references to “cultivate” are to be construed accordingly,

  • “Land Court” means the Scottish Land Court,

  • “Landholders Acts” means the Small Landholders (Scotland) Acts 1886 to 1931,

  • “Lands Tribunal” means the Lands Tribunal for Scotland,

  • “small landholder” has the meaning given by paragraph 2(1),

  • “small landholding” has the meaning given by paragraph 1(1).

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