Agricultural Holdings (Scotland) Act 2003

Agriculture Act 1986 (c. 49)

10 (1) In paragraph 7(2) of Schedule 2 (tenants' compensation for milk quota in Scotland), for the word “arbitration” there is substituted “the Scottish Land Court”.

(2) In paragraph 10 of that Schedule, in sub-paragraph (1)—

(a) the words—

(i) from “the” in the third place where it appears to “that” in the second place where it appears; and

(ii) “shall be referred”,

are repealed;

(b) for the words from “to” in the first place where it appears in head (a) to the end of that head there is substituted “may be referred to the Scottish Land Court under section 60 of that Act”;

(c) after the word “case,” where it appears in head (b) there is inserted “shall be referred, following a demand for referral made, by notice in writing at any time before the termination of the lease, by the landlord or tenant to the other,”; and

(d) for the words from “section” in the second place where it appears to the end there is substituted “the provisions of the 1991 Act and the Agricultural Holdings (Scotland) Act 2003 (asp 11), so far as applying to matters which fall to be determined under section 60 of the 1991 Act, shall apply to the matter referred to in this sub-paragraph.”.

(3) In paragraph 11 of that Schedule—

(a) in head (a) of sub-paragraph (1), for the words from “arbitration” to the end there is substituted “the Scottish Land Court under section 60 of that Act”;

(b) for sub-paragraph (4) there is substituted—

“(4) Where head (a) of sub-paragraph (1) above applies, the provisions of the 1991 Act and the Agricultural Holdings (Scotland) Act 2003 (asp 11), so far as applying to matters which may be determined under section 60 of the 1991 Act, shall apply to a claim referred to in that sub-paragraph.”;

(c) in sub-paragraph (5), for the words “an arbitration” there is substituted “a determination”;

(d) in sub-paragraph (6), in head (b), the words “by arbitration” are repealed; and

(e) after sub-paragraph (7) there is inserted—

“(8) In paragraph 10 above and in this paragraph, “arbiter” includes any other person to whom the matter is referred or, as the case may be, by whom the claim is determined.”.