EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for modifications of certain enactments in consequence of the Land Reform (Scotland) Act 2016 (“the 2016 Act”). They also make supplementary, transitory and savings provision.
The 2016 Act provides for the creation of two new types of agricultural tenancies: modern limited duration tenancies and repairing tenancies. The provisions of the 2016 Act which provide for the creation of modern limited duration tenancies are being commenced with effect on 30th November 2017 by S.S.I. 2017/299. Paragraphs 1 to 5 and 7 of schedule 1 insert references to modern limited duration tenancies and (in some instances) repairing tenancies into various enactments.
The relevant provisions of the 2016 Act which provide for the creation of repairing tenancies are not yet in force. Paragraphs 1 to 5 and 7 of schedule 2 make transitory provision so that the references to “a repairing tenancy” inserted into various enactments by the provisions of schedule 1 are to be ignored until such time as section 92 of the 2016 Act comes into force for all purposes. That section provides for the creation of repairing tenancies, and it is currently only in force for the purpose of making regulations in relation to repairing tenancies.
Section 2 of the 2003 Act provides for the conversion of 1991 Act tenancies into limited duration tenancies. Section 90(2) of the 2016 Act repeals section 2 of the 2003 Act. Section 90(3) of the 2016 inserts new section 2A into the 2003 Act. Section 2A of the 2003 Act will enable the conversion of 1991 Act tenancies into modern limited duration tenancies. Section 90 of the 2016 Act is commenced with effect on 30th November 2017 by S.S.I. 2017/299, subject to saving provision. Paragraph 6 of schedule 1 modifies the Agriculture Act 1986 (“the 1986 Act”) to take into account the repeal of section 2 of the 2003 Act and the introduction of section 2A to that Act. Paragraph 6 of schedule 2 makes saving provision to the effect that paragraph 2(2) of the 1986 Act will continue to refer to section 2(1) and to limited duration tenancies in certain circumstances related to conversion of a 1991 Act tenancy to a limited duration tenancy.
Paragraph 8 of schedule 1 modifies section 10A(1) of the 2003 Act to remove a reference to section 5 of the 2003 Act. This is supplemental to the repeal of section 5 by section 85(2) of the 2016 Act. Section 85(2) is commenced with effect on 30th November 2017, subject to saving provision, by S.S.I. 2017/299.
Paragraph 8 of schedule 2 temporarily modifies section 9 of the Agricultural Holdings (Scotland) Act 2003 (“the 2003 Act”). The effect of the modifications are to apply the existing rent review system, that applies to limited duration tenancies under the 2003 Act, to modern limited duration tenancies. The modifications are temporary and will cease to have effect when section 102 of the 2016 Act comes into force in relation to modern limited duration tenancies.