Part 2Leasing land

Chapter 3Agricultural holdings

Succession in relation to 1991 Act tenancies

40Notice requirements: lease of 1991 Act holding

(1)

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

(2)

In section 11 (bequest of lease)—

(a)

in subsection (1A), for paragraphs (b) to (n) substitute—

“(aa)

a spouse or civil partner of—

(i)

a tenant’s descendant,

(ii)

a tenant’s sibling,

(ab)

in relation to a tenant’s spouse or civil partner—

(i)

that person’s sibling,

(ii)

a spouse or civil partner of such a sibling,

(iii)

a descendant of such a sibling.”,

(b)

after subsection (1A) insert—

“(1B)

For the purpose of subsection (1A)—

(a)

a reference to a spouse or civil partner of a person (“person A”) includes, where person A has died, a reference to a person who was the spouse or civil partner of person A immediately prior to person A’s death,

(b)

two people are siblings if they have at least one parent in common,

(c)

a step-child or, as the case may be, step-sibling of a person is to be treated as being the same as a child or, as the case may be, sibling of a person (and subsection (1A)(a) is to be read as if the rules of intestacy applied accordingly).”,

(c)

after subsection (2) insert—

“(2A)

A notice under subsection (2) must specify the legatee’s relationship to the deceased tenant.”,

(d)

in subsection (3), for “date of the death of the deceased tenant” substitute “date of the deceased tenant’s death”.

(3)

In section 12 (transfer of lease on intestacy), after subsection (1) insert—

“(1A)

A notice under subsection (1) must specify the acquirer’s relationship to the deceased tenant.”.