2016 No. 365 (C. 33)
The Land Reform (Scotland) Act 2016 (Commencement No. 3, Transitory and Saving Provisions) Regulations 2016
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2) and (4) of the Land Reform (Scotland) Act 20161 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 3, Transitory and Saving Provisions) Regulations 2016 and come into force on 23rd December 2016.
2
In these Regulations—
“the 1964 Act” means the Succession (Scotland) Act 19642;
“the 1991 Act” means the Agricultural Holdings (Scotland) Act 19913;
“the 2003 Act” means the Agricultural Holdings (Scotland) Act 20034;
“the 2012 Act” means the Agricultural Holdings (Amendment) (Scotland) Act 20125;
“the 2016 Act” means the Land Reform (Scotland) Act 2016;
“agricultural holding” has the same meaning as in section 1 of the 1991 Act (meaning of “agricultural holding” and “agricultural land”);
“limited duration tenancy” has the same meaning as in section 93 of the 2003 Act (interpretation);
“relevant lease” means a lease constituting a limited duration tenancy or a lease constituting a short limited duration tenancy; and
“short limited duration tenancy” has the same meaning as in section 93 of the 2003 Act.
Appointed day2
1
Subject to paragraph (2), 23rd December 2016 is the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in the schedule (the subject-matter of which is specified in column 2 of that table).
2
Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 23rd December 2016 only for that purpose.
Saving provision: assignation and subletting of 1991 Act tenancies3
Where a notice of a tenant’s intention to assign the lease under section 10A(2) of the 1991 Act6 (assignation and subletting of tenancy) was given before 23rd December 2016, the modifications made by section 103 of the 2016 Act (assignation of 1991 Act tenancies) have no effect in relation to that notice and the assignation proposed in that notice.
Saving provision: assignation and subletting of limited duration tenancies4
Where a notice of a tenant’s intention to assign the lease under section 7 of the 2003 Act (assignation and subletting of limited duration tenancies) was given before 23rd December 2016, the modifications made by section 104 of the 2016 Act (assignation of limited duration tenancies) have no effect in relation to that notice and the assignation proposed in that notice.
Saving provision: bequest of 1991 Act tenancies5
The modifications of—
a
the 1964 Act made by paragraph 14 of schedule 2 of the 2016 Act;
b
the 1991 Act made by sections 107 (bequest of 1991 Act tenancies) and 109 (objection by landlord to legatee or acquirer on intestacy) and paragraph 15 of schedule 2 (minor and consequential modifications) of the 2016 Act; and
c
the 2012 Act made by paragraph 17 of schedule 2 of the 2016 Act,
have no effect in relation to a lease of an agricultural holding which is bequeathed in accordance with section 11 of the 1991 Act (bequest of lease), where the will or other testamentary writing containing the bequest was made before 23rd December 2016.
Saving provision: acquisition of 1991 Act tenancies under section 16 of the 1964 Act6
1
The modifications of—
a
the 1964 Act made by paragraph 14 of schedule 2 of the 2016 Act;
b
the 1991 Act made by sections 107 and 109 and paragraph 15 of schedule 2 of the 2016 Act; and
c
the 2012 Act made by paragraph 17 of schedule 2 of the 2016 Act,
have no effect where paragraph (2) applies.
2
This paragraph applies where an interest of a tenant under a lease of an agricultural holding is comprised in the estate of a deceased person where that person—
a
died before 23rd December 2016; and
b
at the time of death had made no will or other testamentary writing containing a bequest of such a lease.
Saving provision: bequest of short limited duration tenancies and limited duration tenancies7
The modifications of—
a
the 1964 Act made by paragraph 14 of schedule 2 of the 2016 Act;
b
the 1991 Act made by sections 107 and 109 and paragraph 15 of schedule 2 of the 2016 Act;
c
the 2003 Act made by section 108(2) and (3)(a)(ii) and (b) (limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession) and paragraph 16 of schedule 2 of the 2016 Act; and
d
the 2012 Act made by paragraph 17 of schedule 2 of the 2016 Act,
have no effect in relation to a relevant lease which is bequeathed in accordance with section 21 of the 2003 Act (bequest of lease), where the will or other testamentary writing containing the bequest was made before 23rd December 2016.
Saving provision: acquisition of short limited duration tenancies and limited duration tenancies under section 16 of the 1964 Act8
1
The modifications of—
a
the 1964 Act made by paragraph 14 of schedule 2 of the 2016 Act;
b
the 1991 Act made by sections 107 and 109 and paragraph 15 of schedule 2 of the 2016 Act;
c
the 2003 Act made by section 108(2) and (3)(a)(ii) and (b) and paragraph 16 of schedule 2 of the 2016 Act; and
d
the 2012 Act made by paragraph 17 of schedule 2 of the 2016 Act,
have no effect where paragraph (2) applies.
2
This paragraph applies where an interest of a tenant under a relevant lease is comprised in the estate of a deceased person where that person—
a
died before 23rd December 2016; and
b
at the time of death had made no will or other testamentary writing containing a bequest of such a lease.
Saving provision: improvement by landlord without notice etc.: 1991 Act9
Saving provision: improvement by landlord without notice etc.: 2003 Act10
Transitory provision: landlord improvement notices: 2003 Act11
1
Until the coming into force of section 85 of the 2016 Act (modern limited duration tenancies: creation) for all purposes, section 10A(1) of the 2003 Act11 (landlord improvement notices) is to be read as if paragraph (c) were omitted.
2
Until the coming into force of section 92 of the 2016 Act (repairing tenancies: creation) for all purposes, section 10A of the 2003 Act is to be read as if subsections (1)(d) and (2) were omitted.
3
Until the coming into force of section 101 of the 2016 Act (1991 Act tenancies: rent review) for all purposes, section 14E(2) of the 1991 Act12 (improvement by landlord without notice etc.) is to be read as if for paragraph (b) there were substituted—
b
any subsequent rent review in accordance with the terms of the tenancy or a determination by the Land Court of the question of the rent properly payable in respect of the holding in accordance with section 13 of the 1991 Act.
4
Until the coming into force of section 88(2) of the 2016 Act (modern limited duration tenancies: fixed equipment), section 10E(2)(a) of the 2003 Act13 (improvement by landlord without notice etc.) is to be read as if for sub-paragraph (ii) there were substituted—
ii
in relation to fixed equipment under section 16(4)(b),
Saving provision: notice of diversification12
The modifications of the 2003 Act made by sections 121 and 122 of the 2016 Act (use of land for non-agricultural purposes) have no effect in relation to a notice of diversification given under section 40(1) of the 2003 Act (notice of and objection to diversification) where the notice was given before 23rd December 2016.
Saving provision: irritancy for non-payment of rent13
The modifications of section 18 of the 2003 Act (irritancy of lease and good husbandry) made by section 123 of the 2016 Act (irritancy for non-payment of rent) have no effect in relation to a notice given by a landlord under section 18(7) of the 2003 Act where the notice was given before 23rd December 2016.
Transitory provision: right to compensation for improvements14
Until the coming into force of section 85 of the 2016 Act (modern limited duration tenancies: creation) for all purposes, section 45(5) of the 2003 Act14 (right to compensation for improvements), is to be read as if for section 45(5) there were substituted—
5
Nothing in any order made under section 73 of the 1991 Act which varies the provisions of schedule 5 of that Act affects the right of a tenant of a short limited duration tenancy or a limited duration tenancy to claim, in respect of an improvement made or begun before the date on which such order comes into force, any compensation to which, but for the making of the order, the tenant would have been entitled.
Transitory provision: ancillary provision under section 92 of the 2003 Act15
Until the coming into force of section 85(2) of the 2016 Act (repeal of section 5 of the 2003 Act), for the purposes of section 92(2) of the 2003 Act (ancillary provision)15 the reference in section 92(2) to “modern limited duration tenancies” is to be construed in accordance with section 5A of the 2003 Act16.
SCHEDULEPROVISIONS OF THE 2016 ACT COMING INTO FORCE ON 23RD DECEMBER 2016
Column 1 Provisions of the 2016 Act | Column 2 Subject-matter | Column 3 Purpose |
---|---|---|
Section 85(1) and (3) | Modern limited duration tenancies: creation | For the purpose of making regulations under sections 5B(3), 9A(3), 9B(3), 9C(6) and 18A(4)(b)(ii) of the 2003 Act and orders under section 92 of the 2003 Act |
Section 89 | Modern limited duration tenancies: irritancy | For the purpose of making regulations under section 18A(4)(b)(ii) of the 2003 Act |
Section 92 | Repairing tenancies: creation | For the purpose of making regulations under sections 9A(3), 9B(3), 9C(6) and 59A of the 2003 Act and orders under section 92 of the 2003 Act |
Section 98 | Repairing tenancies: compensation | For the purpose of making regulations under section 59A of the 2003 Act |
Section 100 | Sale to tenant or third party where landlord in breach of order or award | For the purpose of making regulations under sections 38A(4)(c), 38B(6)(e), 38C(1), 38D(4), 38L(4)(c), 38M, 38O(4) and (5), and 38P(2) of the 2003 Act |
Section 101 | 1991 Act tenancies: rent review | For the purpose of making regulations under paragraphs 2(4), 9(1) and 10(6) of schedule 1A of the 1991 Act |
Section 102 | Limited duration tenancies, modern limited duration tenancies and repairing tenancies: rent review | For the purpose of making regulations under section 9A(3), 9B(3) and 9C(6) of the 2003 Act |
Section 103 | Assignation of 1991 Act tenancies | |
Section 104 | Assignation of limited duration tenancies | |
Section 107 | Bequest of 1991 Act tenancies | |
Section 108(2) and (3)(a)(ii) and (b) | Limited duration tenancies, modern limited duration tenancies and repairing tenancies: succession | |
Section 109 | Objection by landlord to legatee or acquirer on intestacy | |
Section 110 | Tenant’s offer to relinquish 1991 Act tenancy | For the purpose of making regulations under section 32B(1), 32D(1) and (2), 32G(3)(b), 32J(5) and 32Q(8) of the 1991 Act |
Section 111(2) and (4) | Tenant’s offer to relinquish 1991 Act tenancy: consequential modifications | For the purpose of making regulations under section 74A of the 2003 Act |
Section 119 | Notice required for certain improvements by landlord | |
Section 120 | Rent increase for certain improvements by landlord | |
Section 121 | Use of land for non-agricultural purposes: objection to notice of diversification | |
Section 122 | Use of land for non-agricultural purposes: requests for information | |
Section 123 | Irritancy for non-payment of rent | |
Section 124 | Review of small landholdings legislation | |
Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 | Minor and consequential amendments | For the purpose of commencing paragraph 7(16)(b), (29) and (30)(b) of schedule 2 of the 2016 Act. |
Section 129(2) and schedule 2 so far as they relate to paragraphs 7(16)(b) and 14 to 19 of schedule 2 | Minor and consequential modifications | |
Section 129(2) and schedule 2 so far as they relate to paragraph 7(29) and (30)(b) of schedule 2 | Minor and consequential amendments | For the purpose of making orders under section 92 of the 2003 Act |
(This note is not part of the Regulations)
(This note is not part of the Regulations)
The following provisions of the Land Reform (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations.
Provisions of the 2016 Act | Date of Commencement | Instrument No. |
---|---|---|
Section 1 | 1st October 2016 | |
Section 2 | 1st October 2016 | |
Section 3 | 1st October 2017 | |
Section 4(1) to (5) | 1st November 2016 | |
Section 4(6) to (8) | 1st April 2017 | |
Section 5 | 1st November 2016 | |
Section 6 | 1st April 2017 | |
Section 7 | 1st November 2016 | |
Section 8 | 1st April 2017 | |
Section 9 | 1st April 2017 | |
Section 10 | 1st November 2016 | |
Section 11 | 1st November 2016 | |
Section 12(1), (2), (3)(a), (4) and (5) | 1st November 2016 | |
Section 12(3)(b) (partially) | 1st November 2016 | |
Section 13 | 1st November 2016 | |
Section 14 | 1st November 2016 | |
Section 15 | 1st November 2016 | |
Section 16 | 1st November 2016 | |
Section 17 | 1st November 2016 | |
Section 18 | 1st November 2016 | |
Section 19 | 1st November 2016 | |
Section 20 | 1st November 2016 | |
Section 21(1) and (2) | 1st November 2016 | |
Section 21(3) | 1st April 2017 | |
Section 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5) | 1st April 2017 | |
Section 22(3)(a)(i) | 1st October 2017 | |
Section 23 | 1st April 2017 | |
Section 24 | 1st April 2017 | |
Section 25 | 1st April 2017 | |
Section 26 | 1st April 2017 | |
Section 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9) | 1st April 2017 | |
Section 28 | 1st April 2017 | |
Section 29 | 1st April 2017 | |
Section 30 | 1st April 2017 | |
Section 31 | 1st April 2017 | |
Section 32 | 1st April 2017 | |
Section 33 | 1st April 2017 | |
Section 34 | 1st April 2017 | |
Section 35 | 1st April 2017 | |
Section 36 | 1st April 2017 | |
Section 37 | 1st April 2017 | |
Section 38 | 1st April 2017 | |
Section 44 | 1st November 2016 | |
Section 74 | 28th June 2016 | |
Section 75 | 28th June 2016 | |
Section 76 | 28th June 2016 | |
Section 77 | 28th June 2016 | |
Section 78 | 28th June 2016 | |
Section 79 | 28th June 2016 | |
Section 80 | 28th June 2016 | |
Section 81 | 28th June 2016 | |
Section 82 | 28th June 2016 |