Part 2Leasing land

Chapter 3Agricultural holdings

Succession in relation to 2003 Act tenancies

43Succession to tenancy

(1)

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

(2)

In section 21 (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 that subsection 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) is to be read as if the rules of intestacy applied accordingly).”,

(c)

in subsection (2), in the opening words, for “11(2)” substitute “11(2), (2A)”.

(3)

In section 22 (right of landlord to object to acquirer of tenancy)—

(a)

after subsection (1) insert—

“(1A)

A notice under subsection (1) must specify the relationship to the deceased tenant of the person to whom the lease is transferred.”,

(b)

in subsection (3)(a)(ii), for “30 days of the giving of the notice” substitute “the period of 28 days beginning with the date on which the notice is given”.