Part 2Leasing land

Chapter 3Agricultural holdings

Use of agricultural land: diversification

26Notice of and objection to diversification

(1)

The Agricultural Holdings (Scotland) Act 2003 is modified as follows.

(2)

In section 40 (notice of an objection to diversification)—

(a)

in subsection (2), after paragraph (b) insert—

“(ba)

any environmental benefit that is intended to be provided in using the land for that purpose;”,

(b)

after subsection (3) insert—

“(3A)

Where the tenant’s intended use of the land for the non-agricultural purpose is intended to provide an environmental benefit the notice must also specify how that benefit is to be provided.”,

(c)

in subsection (4), in the opening words, for “and (3)” substitute “to (3A)”,

(d)

in subsection (9)(a)—

(i)

in sub-paragraph (ii), for “land for agricultural purposes” substitute “whole of the land comprised in the lease for the purpose of sustainable and regenerative agriculture”,

(ii)

in sub-paragraph (iii), after “be” insert “substantially”,

(e)

in subsection (11), after paragraph (b) insert

“, and

explain, in that notification, why the landlord considers the grounds or, as the case may be, conditions, are reasonable.”,

(f)

after subsection (14) insert—

“(15)

The Scottish Ministers may by regulations—

(a)

modify subsection (2) so as to add or remove a matter which is to be specified in a notice of diversification,

(b)

modify subsection (9) so as to add or remove a ground for objection to the notice of diversification.”.

(3)

In section 91 (orders and regulations), in subsection (4)(b), after “38O(4),” insert “40(15),”.