The Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify Part 2 of the Agricultural Holdings (Scotland) Act 2003 (asp 11) (“the 2003 Act”). Part 2 confers rights to buy land on tenants of an agricultural holding under the Agricultural Holdings (Scotland) Act 1991 (c. 55) to which the provisions of the 2003 Act apply.

The Regulations modify Part 2 of the 2003 Act to provide for its application to general partners or former general partners, of tenants which are limited partnerships, who may exercise tenants' rights under that Part by virtue of the provisions in Part 6 of the 2003 Act concerning the rights of certain persons where the tenant is a partnership.

In particular, they provide generally for references to the tenant to be taken to include any general partner or former general partner with rights under Part 6, and specifically for notices to be given to general partners in addition to tenants (regulation 3). They make further modifications for cases where there is more than one general partner, to require the consent of all to the registration of an interest in acquiring land under Part 2 (regulation 4). They also prevent general partners or joint tenants who are associates of landlords acting to avoid the operation of the right to buy (regulation 5).

A Regulatory Impact Assessment has not been prepared in respect of these Regulations.