2020 No. 174

Landlord And Tenant

The Land Reform (Scotland) Act 2016 (Supplementary Provision) (Coronavirus) Regulations 2020

Made

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 127(1) of the Land Reform (Scotland) Act 20161 and all other powers enabling them to do so.

In accordance with section 126(3)(m) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Supplementary Provision) (Coronavirus) Regulations 2020 and come into force on 12 June 2020.

2

In these Regulations, “the 2016 Act” means the Land Reform (Scotland) Act 2016.

Amendment of the 2016 Act2

In section 112(3) of the 2016 Act (meaning of amnesty period), after “years” insert “and 6 months”.

FERGUS EWINGA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make supplementary provision by amending the Land Reform (Scotland) Act 2016 (“the Act”).

Section 112(3) of the Act defines the “amnesty period” referred to in Chapter 8 of the Act. During the amnesty period, a tenant of an agricultural holding who intends to claim compensation at the end of the tenancy (at “waygo”) for certain improvements which have been carried out may give notice of this, under Chapter 8 of the Act, to the landlord in certain circumstances. A tenant may then be able to claim compensation for such improvements notwithstanding historical anomalies.

Regulation 2 amends section 112(3) of the Act in order to extend the amnesty period by 6 months. The amnesty period began on 13 June 2017 and was due to expire on 12 June 2020. The amnesty period will now expire on 12 December 2020.