Land Reform (Scotland) Act 2025

28 Determinations by Land Court

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

(2) In section 41 (imposition of conditions by Land Court), after subsection (3) insert—

“(4) In deciding whether or not it is reasonable for the landlord to object to a notice of diversification or, as the case may be, to impose conditions, the Land Court is to—

(a) consider if the intended use of the land for the non-agricultural purpose is likely to have a positive effect—

(i) in facilitating or enhancing sustainable or regenerative agricultural production on the whole of the land comprised in the lease,

(ii) on the environment generally, and

(b) if the Land Court considers such positive effects are likely, whether those positive effects should outweigh any negative effects (including, in particular, any negative effects mentioned in sub-paragraphs (i) to (iii) of section 40(9)(a)).”.