The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014

JurisdictionScotland
CitationSSI 2014/98

2014No. 98

LANDLORD AND TENANT

The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014

2ndApril2014

3rdApril2014

The Scottish Ministers make the following remedial Order in exercise of the powers conferred by section 12(1) and (3) of the Convention Rights (Compliance) (Scotland) Act 2001( 1) ("the 2001 Act") and all other powers enabling them to do so.

The Scottish Ministers consider the provision made by this Order to be necessary or expedient in consequence of section 72(10) of the Agricultural Holdings (Scotland) Act 2003( 2) being incompatible with a Convention right( 3).

In accordance with section 12(2) of the 2001 Act the Scottish Ministers are of the opinion that there are compelling reasons for making a remedial order as distinct from taking any other action.

In accordance with section 13(3) of the 2001 Act the Scottish Ministers laid before Parliament a copy of the proposed draft Order, together with a statement of their reasons for proposing to make the Order, gave such public notice of the proposed draft Order as they considered appropriate, invited observations on it and had regard to observations submitted.

In accordance with section 13(4) of the 2001 Act the Scottish Ministers laid before Parliament a statement summarising all the observations to which they had regard under section 13(3)(c) and specifying the changes which they made in the draft Order and the reasons for them.

In accordance with section 13(2) of the 2001 Act a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1. (1) This Order may be cited as the Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014.

(2) This Order comes into force on the day after the day on which it is made.

Amendment of the Agricultural Holdings (Scotland) Act 2003

Amendment of the Agricultural Holdings (Scotland) Act 2003

2. (1) The Agricultural Holdings (Scotland) Act 2003 (asp 11)("the 2003 Act") is amended as follows.

(2) In section 72 (rights of certain persons where tenant is a limited partnership)-

(a) in subsection (2), the words "unless the conditions mentioned in subsection (5) are met" are repealed;

(b) in subsection (3), in the closing words, the words "subject to subsection (4)" are repealed;

(c) subsections (4), (5) and (7) to (11) are repealed.

(3) After section 72, insert-

"72A Application of section 73

(2) If-

(a) the tenancy is a relevant tenancy,

(b) the circumstances described in subsection (3) do not apply, and

(c) the landlord gives an application notice to the tenant within the intimation period,

section 73 applies to the tenancy from the date on which the application notice is given.

(3) The circumstances are that-

(a) the landlord purchased the landlord's interest in the tenancy at a time when it was no longer possible for an order under section 72(8) to be made in respect of the tenancy, or

(b) the landlord acquired (by any means) the landlord's interest in the tenancy from-

(i) the landlord who purchased that interest in the circumstances described in paragraph (a), or

(ii) a successor of such a landlord.

(4) In this section-

"application notice" means a notice, in writing, intimating that the landlord may bring the tenancy to an end in accordance with section 73,

"the intimation period" means the period of 12 months beginning on 28th November 2014,

"relevant tenancy" means a tenancy continuing to have effect by virtue of section 72(6) where-

(a) the action taken by a limited partner in consequence of which the tenancy was purportedly terminated (being an action described in section 72(3)(a) to (c)) occurred before 1st July 2003,

(b) notice was given to the landlord under section 72(6) before the coming into force of this section, and

(c) there is no ongoing application for an order under section 72(8) in respect of the tenancy;

"successor" includes the executor, assignee, legatee, disponee, guardian, legal representative (within the meaning of Part I of the Children (Scotland) Act 1995) or (in relation to a sequestration) trustee or interim trustee, of a landlord.

(5) For the purposes of this section, a reference to an ongoing application for an order under section 72(8) is a reference to an application made to the Land Court under section 72(7) before the coming into force of this section and which, at that time-

(a) has not been finally...

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