Part 2Leasing land

Chapter 3Agricultural holdings

Compensation on termination and resumption

23Power to make provision about compensation on termination

(1)

The Scottish Ministers may by regulations modify the enactment specified in column 1 of the table below for a purpose specified in column 2.

1: enactment

2: purpose

The Agricultural Holdings (Scotland) Act 1991 (“the 1991 Act”)

  1. 1.

    Creating an entitlement to compensation for a tenant (which is additional to any other entitlement to compensation the tenant may have under the 1991 Act) where—

    1. (a)

      the tenant’s 1991 Act tenancy (as defined by section 1(4) of the Agricultural Holdings (Scotland) Act 2003) is terminated by reason of a notice to quit given by the landlord, and

    2. (b)

      the notice to quit is given solely on the ground mentioned in section 22(2)(b) of the 1991 Act

  2. 2.

    Changing or clarifying the method for determining the amount of that additional compensation

(2)

Without prejudice to its generality, the power under subsection (1) may be exercised for the first of the purposes specified in it to make any provision of a kind contained in schedule 2A of the 1991 Act (as inserted, or to be inserted, by section 20(4) of this Act).

(3)

Section 46 applies in relation to the first regulations to be made under subsection (1).

(4)

No regulations may be made under subsection (1) after the end of the period of 5 years beginning with the day after Royal Assent.