Land Reform (Scotland) Act 2025

Prospective

32 Compensation for damage by game etc. S

(1) The Agricultural Holdings (Scotland) Act 1991 is modified as follows.

(2) For section 52 (compensation for damage by game) substitute—

“52 Compensation for damage caused by game or game management

(1) This section applies where neither the tenant of an agricultural holding or any other person with a right in the holding deriving from the tenant has—

(a) the right to kill and take game, or

(b) written permission from the landlord to do so.

(2) The tenant is entitled to be compensated by the landlord where game or game management have caused the tenant to sustain (whether directly or indirectly)—

(a) damage to crops grown, or seeds sown, for agricultural, or permitted non-agricultural, purposes,

(b) damage to trees grown for agricultural, or permitted non-agricultural, purposes,

(c) damage to fixed equipment,

(d) damage to livestock,

(e) damage to habitats.

(3) Compensation is not recoverable under subsection (2) unless—

(a) notice in writing is given to the landlord in such form and manner as may be prescribed as soon as reasonably practicable after the damage or injury was first observed by the tenant,

(b) a reasonable opportunity is given to the landlord to inspect the damage—

(i) in the case of damage to a growing crop, before work to reap, raise or consume the crop has begun,

(ii) in the case of damage to a crop reaped or raised, before work to remove the crop from the land has begun,

(iii) in the case of damage to a growing tree, before the tree is cropped or cut for timber,

(iv) in the case of damage to a tree cropped or cut, before work to remove the timber or tree from the land has begun,

(v) in the case of damage to fixed equipment, before any repairs to the equipment are carried out (unless the tenant has reasonable cause to believe that delaying repairs is likely to cause further damage or injury),

(vi) in the case of damage to livestock, before any action in relation to the livestock is carried out (unless subsection (4) applies),

(vii) in the case of damage to habitats, before any action is taken to repair the damage to the habitat, and

(c) notice in writing of the claim is given to the landlord in such form and manner as may be prescribed within 6 months of the giving of notice under paragraph (a).

(4) This subsection applies if, in relation to the livestock—

(a) the tenant has reasonable cause to believe that delaying action (including, for example, the destruction of the livestock in an appropriate and humane manner) is likely to cause—

(i) the affected livestock further suffering or injury,

(ii) the further spread of disease, or

(b) any action is required by virtue of any statutory obligation (including, for example, the seizure or destruction of the livestock).

(5) Where the right to kill and take the game is vested in some person other than the landlord, the landlord is entitled to be indemnified by that other person against all claims for compensation under this section.

(6) It is for the Land Court to determine any question which arises as to—

(a) a tenant’s entitlement to compensation under subsection (2),

(b) the amount of compensation payable under that subsection, or

(c) the landlord’s entitlement to be indemnified under subsection (5).

(7) In this section—

• “damage”, in relation to livestock, includes suffering, injury or disease,

• “game” means deer, pheasants, partridges and grouse,

• “game management” includes the killing and taking of game and any steps taken or not taken by a person in connection with the exercise of a right to kill and take game,

• “tree” includes—

  (a)

  fruit trees,

  (b)

  trees forming part of a shelterbelt,

  (c)

  trees grown for silvopasture or silvoarable systems.”.

Commencement Information

I1 S. 32 not in force at Royal Assent, see s. 47(2)