Land Reform (Scotland) Act 2025

Prospective

15 Registration of interest and right to buy S

(1) The Agricultural Holdings (Scotland) Act 2003 is modified by subsections (2) to (10).

(2) In section 25 (registration of tenant’s interest), in subsection (6)—

(a) in the opening words, the words “on receipt of the extract,” are repealed,

(b) in paragraph (a), after “tenant” insert “on receipt of the extract”,

(c) in paragraph (b), after “security” insert “within the period of 28 days beginning with the day on which the owner receives the extract”.

(3) In section 27 (transfers not requiring notice)—

(a) in subsection (1)(c), after “spouses” insert “or civil partners”,

(b) after subsection (5) insert—

“(6) Before laying a draft of a Scottish statutory instrument containing an order under subsection (5) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.”.

(4) In section 28 (right to buy), after subsection (5) insert—

“(6) Before laying a draft of a Scottish statutory instrument containing an order under subsection (5) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.”.

(5) In section 29 (exercise of right to buy)—

(a) in subsection (1), for “28(1)” substitute “28(1)(a)”,

(b) after subsection (2) insert—

“(2A) Where a tenant has a right to buy land under section 28(1)(b), the tenant may proceed in accordance with section 32 to buy the land from the owner or, as the case may be, the creditor provided that the tenant gives notice to the owner or, as the case may be, the creditor that the tenant intends to buy the land.”,

(c) for subsection (6) substitute—

“(6) The right to buy mentioned in—

(a) subsection (1) is extinguished if the tenant does not give notice in accordance with subsection (2),

(b) subsection (3) is extinguished if the tenant does not give notice in accordance with subsection (4),

(c) subsection (1), (2A) or (3) is extinguished if the tenant gives notice under subsection (5).”,

(d) after subsection (7) insert—

“(8) The Scottish Ministers may by regulations make provision for a period within which any notice given by a tenant under subsection (2A) is to be given.

(9) Regulations under subsection (8) may modify this section.”.

(6) After section 31 insert—

“31A Power to modify: registration of tenant’s interest

(1) The Scottish Ministers may by regulations make provision for or in connection with the registration by tenants of 1991 Act tenancies of their interests in acquiring the land comprised in their leases.

(2) In particular (but without limit to that generality) regulations under subsection (1) may—

(a) make provision about—

(i) the manner in which tenants notify their landlord of their interest in acquiring the land comprised in their leases,

(ii) the procedure by which that interest is (or may be) registered,

(iii) how applications for registration and entries in the Register may be challenged,

(iv) the effect of registration,

(v) the Keeper’s functions in respect of registration,

(vi) the updating or correction of entries in the Register,

(vii) the consequences of an application for registration, or an entry in the Register, being inaccurate in a material regard,

(viii) the expiry or cancellation of an entry in the Register,

(b) modify sections 24 to 28, and

(c) if the Scottish Ministers consider it necessary or expedient, make consequential provision which modifies the other provisions in this Part.

(3) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a) the Keeper,

(b) such persons as the Scottish Ministers consider representative of the interests of tenants of 1991 Act tenancies and their landlords, and

(c) such other persons as the Scottish Ministers consider are likely to have an interest in the registration of interests to acquire land.”.

(7) In section 32 (procedure for buying), in subsection (3)—

(a) in the opening words, for “are” substitute “is”,

(b) in paragraph (a), after “29(2)” insert “, (2A)”.

(8) In section 33 (appointment of valuer), in subsection (2), after “29(2)” insert “, (2A)”.

(9) In section 34 (valuation of the land), in subsection (1)—

(a) the words from “the date” to the end become paragraph (a),

(b) after that paragraph insert “, or

(b) where no such notice was given, the date on which the tenant gave notice under section 29 of the tenant’s intention to buy the land.”.

(10) In section 91 (orders and regulations)—

(a) in subsection (3)(a), after “18(4)(b)(ii),” insert “25(7),”,

(b) in subsection (3)(b), after “18A(4)(b)(ii),” insert “25(3),”,

(c) in subsection (4)(b), after “9C(6),” insert “29(8), 31A,”.

(11) The Land Reform (Scotland) Act 2016 is modified by subsections (12) and (13).

(12) In section 27(2) (Tenant Farming Commissioner: codes of practice), after paragraph (e) insert—

“(ea) the tenant’s right to buy,”.

(13) Section 99 (tenant’s right to buy: removal of requirement to register) is repealed.

Commencement Information

I1 S. 15 not in force at Royal Assent, see s. 47(2)