The Agricultural Holdings (Relinquishment and Assignation) (Application to Relevant Partnerships) (Scotland) Regulations 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/106 |
| Year | 2021 |
2021 No. 106
Landlord And Tenant
The Agricultural Holdings (Relinquishment and Assignation) (Application to Relevant Partnerships) (Scotland) Regulations 2021
Made 23th February 2021
Coming into force 28th February 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 74A(2)(b) and (3) of the Agricultural Holdings (Scotland) Act 20031and all other powers enabling them to do so.
In accordance with section 91(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
PART 1
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Agricultural Holdings (Relinquishment and Assignation) (Application to Relevant Partnerships) (Scotland) Regulations 2021 and come into force on 28 February 2021.
(2) In these Regulations—
“the 1991 Act” means the Agricultural Holdings (Scotland) Act 19912,
“the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003,
“landlord” has the meaning given in section 85 of the 1991 Act,
“limited partnership” and “limited partner” are to be construed in accordance with section 4 of the Limited Partnerships Act 19073,
“relevant partnership” means a partnership listed in regulation 2,
“tenant” has the meaning given in section 85 of the 1991 Act.
PART 2
Application of Part 3A of the 1991 Act to relevant partnerships
Relevant partnerships
2.—(1) This regulation applies where the tenant of an agricultural holding to which section 32A(2) of the 1991 Act applies is a relevant partnership.
(2) A relevant partnership is a limited partnership in which a limited partner is—
(a)
(a) the landlord,
(b)
(b) an associate of the landlord, or
(c)
(c) a partnership or company in which the landlord has a relevant interest.
(3) For the purposes of paragraph (2)(c), a landlord has a relevant interest in a partnership or company if the landlord or an associate of the landlord is—
(a)
(a) a partner in the partnership,
(b)
(b) a partner in a partnership which forms part of the partnership,
(c)
(c) a shareholder in the company, or
(d)
(d) the holder of a standard security or floating charge over an interest in the tenancy where the partnership or company is a partner in the tenant.
(4) For the purposes of this regulation, a person is an associate of a landlord if the person is—
(a)
(a) where the landlord is a partnership or a company, a partner in the landlord or, as the case may be, a shareholder in the landlord,
(b)
(b) where an associate of the landlord is a partnership or a company, a partner in or, as the case may be, a shareholder in that associate,
(c)
(c) an agent of the landlord or of an associate of the landlord, or
(d)
(d) a member of the landlord’s family.
(5) Section 71 of the 2003 Act applies for...
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