The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017

[F1 Transitory provision: Agricultural Holdings (Scotland) Act 2003 S

12.— (1) Until the coming into force of section 92 of the 2016 Act for all purposes, in the 2003 Act—

(a) section 10(1) (increase in rent: landlord’s improvements) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(b) section 11 (variation of rent by Land Court) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(c) section 12(1)(b) (right of tenant to withhold rent) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(d) section 13(1) (written leases and revision of certain leases) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(e) section 14 (freedom of cropping and disposal of produce) is to be read as if for “, modern limited duration tenancies and repairing tenancies” there were substituted “and modern limited duration tenancies”;

(f) section 15 (permanent pasture) is to be read as if for “, modern limited duration tenancies and repairing tenancies” there were substituted “and modern limited duration tenancies”;

(g) section 19 (resumption and irritancy: supplementary) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(h) section 21(1) (bequest of lease) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

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

(i) subsection (1) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; and

(ii) subsection (3) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(j) section 23 (effect of termination of tenancy where tenant deceased) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(k) section 39 (use of land for non-agricultural purposes) is to be read as if for subsection (1) there were substituted—

“(1) A—

(a) 1991 Act tenancy,

(b) tenancy under a lease constituting a limited duration tenancy, or

(c) tenancy under a lease constituting a modern limited duration tenancy,

does not cease to be such a tenancy by reason only that the land is used for a non-agricultural purpose.”;

(l) section 42 (tenant’s right to timber) is to be read as if for subsection (1) there were substituted—

“(1) The tenant under—

(a) a 1991 Act tenancy,

(b) a limited duration tenancy, or

(c) a modern limited duration tenancy,

has, for so long as the tenancy continues to have effect, the right to cut timber from any trees planted on the land by the tenant on or after the coming into force of this section; and any such timber belongs to the tenant.”;

(m) section 70(1)(b) (rights of certain persons where tenant is a partnership) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”;

(n) in section 77 (resolution of disputes by Land Court)—

(i) subsection (2) is to be read as if for paragraph (a) there were substituted—

“(a) whether—

(i) a short limited duration tenancy,

(ii) a limited duration tenancy,

(iia) a modern limited duration tenancy, or

(iii) a tenancy to which section 3 applies,

exists or has been terminated;”; and

(ii) subsection (4) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; and

(o) section 81(a) (clauses in leases as to resolution of disputes) is to be read as if “, a repairing tenancy” were omitted.

(2) Until the coming into force of section 95(2) of the 2016 Act (repairing tenancies: fixed equipment) for all purposes, in the 2003 Act—

(a) section 11 (variation of rent by Land Court) is to be read as if for “, 16A or 16B” there were substituted “or 16A”; and

(b) in section 13 (written leases and the revision of certain leases)—

(i) subsection (1)(b)(ii) is to be read as if for “, section 16A or, as the case may be, section 16B” there were substituted “or, as the case may be, section 16A”;

(ii) subsection (2)(b) is to be read as if for “, 16A or, as the case may be, 16B” there were substituted “or, as the case may be, 16A”;

(iii) subsection (4)(a) is to be read as if for “, section 16A or, as the case may be, section 16B” there were substituted “ or, as the case may be, section 16A”; and

(iv) subsection (5) is to be read as if for “, 16A or, as the case may be, 16B” there were substituted “or, as the case may be, 16A”.

(3) Until the coming into force of section 96(2) of the 2016 Act (repairing tenancies: resumption of land by landlord) for all purposes, section 19(a) of the 2003 Act (resumption and irritancy: supplementary) is to be read as if “or 17A” were omitted.

(4) Until the coming into force of section 106(2) of the 2016 Act (assignation of repairing tenancies), section 77(4) of the 2003 Act (resolution of disputes by Land Court) is to be read as if “, 7D(1) or 7D(7)” were omitted.]

Textual Amendments

F1 Regs. 5-14 substituted (30.11.2017) by The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) (Modern Limited Duration Tenancies) Miscellaneous Amendments Regulations 2017 (S.S.I. 2017/370), regs. 1, 4