Land Reform (Scotland) Act 2025

Prospective

22 Compensation for disturbance on resumption S

(1) The Agricultural Holdings (Scotland) Act 1991 is modified by subsection (2).

(2) In section 43 (compensation for disturbance)—

(a) after subsection (1) insert—

“(1A) Compensation for disturbance is also to be payable by the landlord to the tenant where the landlord resumes possession of the holding, or a part of the holding.”,

(b) for subsection (3) substitute—

“(3) Subject to subsection (4) below, the amount of the compensation payable under this section is—

(a) the amount of the loss or expense directly attributable to the quitting of the holding (or, as the case may be, the land resumed) which is unavoidably incurred by the tenant upon or in connection with the sale or removal of household goods, implements of husbandry, fixtures, farm produce or farm stock on or used in connection with the holding (or, as the case may be, the land resumed),

(b) so far as not otherwise recoverable, the amount of any expenses reasonably incurred by the tenant in connection with the development of the holding (or, as the case may be, the land resumed), including, in particular, professional fees paid by the tenant in respect of obtaining planning permission or building warrants,

(c) the amount of any expenses reasonably incurred by the tenant in the preparation of the claim for compensation (not being expenses arising from the determination of any question arising under this section).”,

(c) in subsection (4)—

(i) in paragraph (a), after “holding” insert “(or, as the case may be, the amount of rent proportionate to the land resumed)”,

(ii) in paragraph (b)—

(A) after “holding” insert “(or as the case may be, the amount proportionate to the land resumed)”,

(B) the words “the sale of any such goods, implements fixtures, produce or stock aforesaid” become sub-paragraph (i),

(C) after that sub-paragraph insert “, or

(ii) the amount of any expenses incurred in connection with development,

and has given the landlord a reasonable opportunity to value the items mentioned in sub-paragraph (i) or assess the amount of expenses incurred.”,

(D) the words “and has afforded him a reasonable opportunity of making a valuation thereof” are repealed.

(3) The Agricultural Holdings (Scotland) Act 2003 is modified by subsection (4).

(4) In section 52 (compensation for disturbance)—

(a) in subsection (2), paragraph (c) is repealed,

(b) in subsection (4), for “mentioned in subsection (2)(c)” substitute “where the resumption under section 17 is for part of the land”.

Commencement Information

I1 S. 22 not in force at Royal Assent, see s. 47(2)