Lord Gill, Agricultural Tenancies
| Pages | 297-298 |
| Date | 01 May 2019 |
| DOI | 10.3366/elr.2019.0567 |
| Published date | 01 May 2019 |
In a specialist area full of traps (frequently related to the serving and timing of notices) this book's predecessor editions have been essential companions for anyone with an interest in the law of agricultural holdings. It has long been recognised as the most authoritative text in the area. The first edition,
The third edition predated the extensive changes to the law of agricultural tenancies brought in by the Agricultural Holdings (Scotland) Act 2003, so a new edition encompassing that would have been welcomed. As it is, further changes have been made by Part ten of the Land Reform (Scotland) Act 2016. Between these two legislative enactments the number of types of tenancy have proliferated, bringing concomitant complexities. At the time that the text of the fourth edition was finished not all of the reforms of the 2016 Act had commenced (indeed, that is the case even now). Helpfully, the book takes account of the 2016 Act. It is for the reader to track the commencement of those provisions.
While the title has been foreshortened, the text has lengthened. The fourth edition is reassuringly large, extending to two substantial volumes. The great majority of volume two is appendices containing relevant legislation (primary and secondary), guidance notes, and so on. It also includes the table of cases, tables of legislation, and index. Naturally, with the passage of time the printed legislation will have to be treated with due caution, but its inclusion has the secondary benefit of highlighting what is particularly important to the area.
The commentary is in the first volume, which is split into seven parts. Part one is an introduction and historical review which constitutes a valuable general treatment of the area of agricultural tenancies, wholly suitable for either the frequent visitor or for the occasional tourist.
Part two covers 1991 Act tenancies (that is, tenancies under the Agricultural Holdings (Scotland) Act 1991). As might be expected, given the extensive body of case law, the analysis of the 1991 Act is significantly deeper than that of the later legislation. Accordingly, this part is, by some distance, the largest. It is broken down into fifty-two chapters, which facilitates ease of reference. A hardy few may sit and read the text from start to finish. For the rest, these short chapters make...
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