Acts of the Scottish Parliament

2003 asp 11

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th March 2003 and received Royal Assent on 22nd April 2003

An Act of the Scottish Parliament to amend the law relating to agricultural holdings under the Agricultural Holdings (Scotland) Act 1991; to provide for new forms of agricultural tenancies and to make provision in relation to these tenancies; to provide for the right of certain agricultural tenants to buy land; to provide for the use of certain agricultural land for non-agricultural purposes; to make special provision for certain agricultural tenancies where the tenant is a partnership; to make new provision for the resolution of disputes between landlords and tenants arising under agricultural tenancies; and for connected purposes.

(a) a lease is entered into on or after the coming into force of this subsection; and

(b) the tenancy under the lease is a tenancy of an agricultural holding in relation to which the Agricultural Holdings (Scotland) Act 1991 (c.55) (in this Act referred to as "the 1991 Act") would have applied had the lease been entered into immediately before the coming into force of this subsection.

(a) is entered into in writing prior to the commencement of; and

(b) expressly states that the 1991 Act is to apply in relation to,

(a) the lease is entered into before the coming into force of this subsection and the 1991 Act applies in relation to the tenancy; or

(b) the lease is entered into on or after the coming into force of this subsection and (by virtue of the conditions mentioned in paragraphs (a) and (b) of subsection (2) being fulfilled) the 1991 Act applies in relation to the tenancy,

(a) the agreement is-

(i) in writing and specifies the date on which the termination is to have effect; and

(ii) made not less that 30 days before that date; and

(b) subsection (2) is complied with.

(a) comprises or includes the same land as that comprised in the tenancy being terminated under subsection (1); and

(b) has effect from the date on which the termination under that subsection has effect.

(a) the agreement made under that subsection; and

(b) the lease mentioned in subsection (2),

(a) such compensation for improvements as the tenant would have been entitled to under Part IV (compensation for improvements) of the 1991 Act (or, as the case may be, under the lease); and

(b) such compensation as the tenant would have been entitled to under section 45A (compensation arising as a result of diversification and cropping of trees) of that Act,

(a) agricultural land is let under a lease for a term of not more than five years;

(b) the land comprised in the lease is not let to the tenant during the tenant's continuance in any office, appointment or employment held under the landlord; and

(c) the lease does not constitute-

(i) a 1991 Act tenancy; or

(ii) a tenancy to which section 3 applies,

the tenancy under the lease is, by virtue of this subsection, a short limited duration tenancy.

(a) 5 years; or

(b) such period of less than 5 years as the landlord and tenant may agree to,

(a) 5 years; or

(b) such period of less than 5 years as the landlord and tenant may agree to.

(a) the term of the tenancy has expired and the tenant has not remained in occupation of the land; or

(b) during the term of the tenancy, the landlord and tenant have terminated the tenancy by agreement.

(a) comprises the same land as that comprised in the tenancy to which subsection (4) applies; and

(b) has effect less than one year from the expiry of the term of, or termination of, that tenancy,

(a) agricultural land is let under a lease for a term of not less than fifteen years;

(b) the land comprised in the lease is not let to the tenant during the tenant's continuance in any office, appointment or employment held under the landlord; and

(c) the lease does not constitute a 1991 Act tenancy,

(a) would have the ability to pay-

(i) the rent due under the lease; or

(ii) for adequate maintenance of the land; or

(b) has the skills or experience that would be required properly to manage and maintain the land in accordance with the rules of good husbandry.

(a) the landlord gives the tenant notice-

(i) in writing; and

(ii) within 30 days of the giving of the notice under subsection (2),

of the landlord's intention to acquire that interest; and

(b) the terms upon which the landlord acquires that interest are no less favourable to the tenant than any reasonable terms upon which the proposed assignation was to have been made.

(a) is entered into after the commencement of the tenancy; and

(b) makes provision as to compensation payable by the landlord or the tenant to the other.

(a) be in writing and state that the tenant shall quit the land on the expiry of the term of the tenancy; and

(b) be given not less than one year nor more than two years before the expiry of the term of the tenancy, provided that not less than 90 days have elapsed from the date on which the intimation mentioned in subsection (5) is given.

(a) must be in writing and state that the tenant shall quit the land on the relevant day; and

(b) may be given at any time during the continuation.

(a) where the notice has been given during the first year of the continuation, the relevant day is the day on which the continuation expires; and

(b) in any other case, the relevant day is the day on which the period of two years from the giving of the notice expires (and the continuation is deemed to expire on the relevant day).

(a) be in writing and state that the tenant intends to quit the land on the expiry of the term of the tenancy or, as the case may be, a continuation of the tenancy; and

(b) be given not less than one year nor more than two years before the expiry of the term of the tenancy or, as the case may be, continuation.

(a) the notice is given not less than one year nor more than two years before the date so specified; and

(b) the date so specified is not less than three years-

(i) in the case of the first rent review, from the commencement of the tenancy; or

(ii) in the case of any subsequent rent review, from the date of the review under this subsection which precedes it.

(a) disregarding-

(i) any effect on rent due to the fact that the tenant is in occupation of the land; and

(ii) any distortion in rent due to a scarcity of lets; and

(b) having regard to-

(i) the terms of the tenancy (other than those relating to rent);

(ii) information about rents for other agricultural tenancies (including when fixed) and any factors affecting those rents (or any of them) except any distortion due to a scarcity of lets; and

(iii) the current economic conditions in the relevant sector of agriculture.

(a) so far as-

(i) they have been carried out wholly or partly at the expense of the tenant (whether or not that expense has been or will be reimbursed by any grant) without equivalent allowance or benefit having been made or given by the landlord in consideration of their execution; and

(ii) they have not been carried out under an obligation imposed on the tenant by the terms of the lease; and

(b) which have been carried out by the landlord, in so far as the landlord has received or will receive any grant in respect of them,

(a) subject to paragraph (b), "improvements" is to be construed by reference to Schedule 5 to the 1991 Act; and

(b) the continuous adoption by the tenant of a standard of farming or a system of farming more beneficial to the land than the standard or system required by the terms of the lease or, in so far as no system of farming is so required, than the system of farming normally practised on comparable agricultural land in the district, is to be treated as an improvement executed at the tenant's expense.

(a) any reduction in the rental value of the land as a result of any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the tenant; or

(b) any such reduction resulting from-

(i) the use of any of the land, or changes to the land, for a purpose that is not an agricultural purpose; or

(ii) the carrying out of conservation activities on the land.

(a) at the request of, or in agreement with, the tenant;

(b) in pursuance of an undertaking given by the landlord by virtue of section 49(2) (as read with section 39(3) of the 1991 Act); or

(c) in compliance with a direction given by the Scottish Ministers under powers conferred on them by or under any enactment,

(a) made under subsection (1)(b) of section 84; and

(b) which is in relation to a failure of the landlord in a short limited duration tenancy or a limited duration tenancy to fulfil any obligation the landlord has towards the tenant in respect of fixed equipment.

(a) in a material regard; and

(b) as at the date specified under subsection (2) of that section,

(a) authorise the tenant to carry out such work as the landlord would have to have carried out for the landlord to comply with the order to which subsection (2) applies; and

(b) authorise the tenant to withhold payment of the rent payable to the landlord under the tenancy on the condition that the tenant consigns to the Land Court the amount otherwise so payable.

(a) whether any work mentioned in paragraph (a) of subsection (3) remains to be carried out; and

(b) any costs mentioned in subsection (4),

(a) there is not in force a lease in writing; or

(b) there is in force a lease in writing but-

(i) the lease does not contain provision for the matters mentioned in subsection (2)(a) or contains provision inconsistent with those matters; or

(ii) the lease contains provision inconsistent with section 16 (as read with section 5(2) to (4) of the 1991 Act),

the landlord or tenant may give notice in writing to the other requesting that a lease in writing be entered into containing the matters mentioned in subsection (2).

(a) provision for all the matters specified in Schedule 1 to the 1991 Act (that Schedule applying for the purposes of this section as it does for the purposes of that Act) or provision consistent with those matters; or

(b) provision consistent with section 16.

(a) is to specify the terms of the existing tenancy and, in so far as those terms do not make provision for the matters mentioned in subsection (2)(a) or make provision inconsistent with those matters or with section 16 (as read with section 5(2) to (4) of the 1991 Act), make such provision for those matters as appears to it to be reasonable; and

(b) may specify any further term of the tenancy which is-

(i) agreed between the landlord and the tenant; and

(ii) not inconsistent with any provision applying to the tenancy by virtue of this Act.

(a) the terms and provisions specified or made therein were contained in an agreement in writing between the landlord and the tenant; and

(b) such agreement had effect as from the date of the determination or from such later date as the determination may appoint.

(a) the references to the holding were references to the land;

(b) in subsection (4)-

(i) the reference to section 61(1) of that Act were a reference to section 78(1) of this Act; and

(ii) the reference to arbitration included any other method mentioned in that section of this Act (the reference to the arbiter being construed accordingly);

(c) in subsection (5)-

(i) paragraph (a); and

(ii) in paragraph (b), the words "in any other case,",

were omitted; and

(d) in subsection (6), in paragraph (b), the reference to a direction under section 9 of the 1949 Act were omitted.

(a) specify any fixed equipment not specified under subsection (1); or

(b) vary the terms of any specification of fixed equipment.

(a) at the commencement of the tenancy or as soon as is reasonably practicable thereafter, put the fixed equipment on the land into a thorough state of repair and will provide such buildings and other fixed equipment as will enable an occupier reasonably skilled in husbandry to maintain efficient production as respects both-

(i) the kind of produce specified in the lease, or (failing such specification) in use to be produced on the land; and

(ii) the quality and quantity of such produce; and

(b) during the tenancy effect such replacement or renewal of the buildings or other fixed equipment as may be rendered necessary by natural decay or by fair wear and tear.

(a) immediately after it was put in repair as mentioned in subsection (3)(a); or

(b) in the case of equipment provided, improved, replaced or renewed during the tenancy, immediately after it was so provided, improved, replaced or renewed.

(a) the resumption is for a non-agricultural purpose in respect of which permission requires to be obtained, and has been obtained, under the enactments relating to town and country planning by-

(i) in the case of a short limited duration tenancy, any person (including the tenant);

(ii) in the case of a limited duration tenancy, any person apart from the tenant;

(b) the lease does not expressly prohibit resumption for that purpose; and

(c) notice as mentioned in subsection (2) has been given.

(a) be in writing;

(b) be given not less than 1 year before the date on which the resumption is to take place; and

(c) specify that date.

(a) the giving of the notice; or

(b) the determination of any matter arising from the notice,

(a) of an amount proportionate to that part; and

(b) of an amount in respect of any depreciation of the value to the tenant of the remainder of the land caused by the resumption of the part or any use made of the part,

(a) part of the land has been resumed under this section for a purpose mentioned in paragraph (f) (which specifies certain forms of mineral exploitation) of subsection (2) of section 29 of the 1991 Act (that paragraph applying for the purposes of this subsection as it does for the purposes of that section); and

(b) the land which formed that part has subsequently been made suitable for, and is available for, agricultural use,

(a) the tenancy continues in effect with the same landlord and tenant under the lease; and

(b) any compensation paid to the tenant in consequence of the resumption was calculated on the basis that the land would be restored under subsection (5).

(a) an agreement entered into under any enactment by the tenant; or

(b) the conditions of-

(i) any grant for the purpose of such activities paid out of the Scottish Consolidated Fund; or

(ii) such other grant of a public nature as the Scottish Ministers may by order specify.

(a) resume land under section 17; or

(b) remove a tenant-

(i) whose estate has been sequestrated; or

(ii) who for any reason has incurred irritancy of the lease or other liability to be removed.

(a) in subsection (2), the reference to notice given under subsection (1) of that section were a reference to notice given under subsection (1) above;

(b) in subsection (4), the reference to proceeding under that section were a reference to proceedings by virtue of this section; and

(c) the references in those subsections to the acquirer were references to the person to whom the lease constituting the tenancy is transferred as mentioned in subsection (1) above.

(a) the landlord gives the person notice-

(i) in writing; and

(ii) within 30 days of the giving of the notice under subsection (1),

of the landlord's intention to acquire that interest; and

(b) the terms upon which the landlord acquires that interest are no less favourable to the person than any reasonable terms upon which the lease was transferred to the person.

(a) section 16 of the 1964 Act; or

(b) section 22,

(a) a record of any notice or notification sent to the Keeper under any provision of this Part; and

(b) where a registration of a tenant's interest in acquiring land is removed under section 25(15), an entry specifying the date on which that is effected.

(a) where there are two or more tenants under the lease, means those tenants; and

(b) does not include a sub-tenant.

(a) the particulars of the tenant and the owner of the land;

(b) where there are two or more tenants under the lease, the fact that each of them consents to the making of the application to register their interest in acquiring the land;

(c) the location and boundaries of the land (by reference, where appropriate, to the lease or any map or drawing);

(d) any interest or rights comprised in the land (including any sporting or mineral rights); and

(e) such other information as the Scottish Ministers may so prescribe.

(a) register-

(i) the tenant's interest in acquiring the land;

(ii) the details specified in the notice of interest; and

(iii) the date of registration; and

(b) send an extract of the registration to the tenant and the owner of the land.

(a) intimate that fact to the tenant; and

(b) send a copy of the extract to the creditor in the standard security.

(a) registering tenants' interests in acquiring land; and

(b) providing extracts, and copy extracts, of registration,

(a) must, if the inaccuracy is material, rescind the registration of the tenant's interest; and

(b) may, if the inaccuracy is not material, amend that registration.

(a) the registration of the tenant's interest in acquiring the land is rescinded, the Keeper must intimate that fact to the tenant and the owner of the land; and

(b) that registration is amended, the Keeper must send an extract of the registration to the tenant and the owner of the land.

(a) continues to have effect only in relation to such land as remains comprised in the tenancy; and

(b) ceases to have effect-

(i) if the registration is rescinded;

(ii) if the tenancy is terminated; or

(iii) where neither of those things has occurred, at the expiry of the period of five years from the date of registration.

(a) the tenancy is terminated during that period; or,

(b) there is a reduction in the land comprised in the tenancy,

(a) give notice in writing of that fact to the tenant; and

(b) send a copy of the notice to the Keeper.

(a) otherwise than for value;

(b) in implement or pursuance of an order of a court (other than an order under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) or a decree in an action for the division and sale of land);

(c) between spouses in pursuance of an arrangement between them entered into at any time after they have ceased living together;

(d) of croft land to the crofter tenanting it;

(e) between companies in the same group;

(f) to a statutory undertaker for the purpose of carrying on the undertaking;

(g) a transfer-

(i) implementing the compulsory acquisition of land under any enactment;

(ii) by agreement, of land which could have been acquired compulsorily under any enactment;

(iii) implementing any right conferred by Part 2 (which provides for the community right to buy) of the Land Reform (Scotland) Act 2003 (asp 2) to buy land;

(iv) implementing any right conferred by Part 3 (which provides for the crofting community right to buy) of that Act to buy eligible land within the meaning of that Part of that Act;

(v) implementing missives for the sale and purchase of land concluded, or an option to acquire land which existed on a date on which no notice of interest in acquiring the land was registered under section 25;

(vi) conveying a house to a person who has purchased it in pursuance of the tenant's right to buy it under Part III of the Housing (Scotland) Act 1987 (c.26);

(vii) which requires, or which but for the provisions of section 14 of that Act would require, the consent of the Scottish Ministers under subsection (5) or (7) of section 12 of that Act;

(viii) under section 65 of the Housing (Scotland) Act 2001 (asp 10); or

(ix) vesting the land in a person for the purposes of any enactment relating to sequestration, bankruptcy, winding up or incapacity or to the purposes for which judicial factors may be appointed; or

(h) a transfer of land in consequence of-

(i) the assumption or resignation or death of one or more of the partners in a partnership; or

(ii) the assumption or resignation or death of one or more of the trustees of a trust.

(a) is or forms part of a scheme or arrangement or is one of a series of transfers; and

(b) the main purpose or effect, or one of the main purposes or effects, of the scheme, arrangement or, as the case may be, series is the avoidance of the requirements or consequences of this Part,

(a) the owner of the land or a creditor in a standard security with a right to sell the land, gives notice to the tenant under section 26 of a proposal to transfer the land or any part of it; or

(b) the owner or the creditor takes any action with a view to the transfer of the land or any part of it and-

(i) the transfer is a transfer in respect of which notice to the tenant is required under section 26; and

(ii) such notice has not been given,

the tenant has the right to buy the land to which the transfer relates (including any interest or rights comprised in the land) from the owner or, as the case may be, the creditor.

(a) a tenant has a right to buy land under subsection (1); and

(b) despite the existence of that right, the owner, or as the case may be, the creditor transfers the land to a person other than the tenant,

(a) the land is, by or with the authority of the owner of the land or a creditor in a standard security with a right to sell the land, advertised or otherwise exposed for sale;

(b) the owner or the creditor, or a person acting on behalf of the owner or the creditor, enters into negotiations with another person with a view to the transfer of the land; or

(c) the owner or the creditor, or a person acting on behalf of the owner or the creditor, proceeds further with any proposed transfer of the land which was initiated prior to the date on which the notice of interest was registered.

(a) the tenant gives notice to that person that the tenant intends to buy the land; and

(b) the notice is given within three years from the transfer to that person,

(a) does not give notice in accordance with subsection (2) or, as the case may be, (4); or

(b) gives notice under subsection (5),

(a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35); or

(b) a warrant granted under section 24(1) of that Act.

(a) the period of 12 months from the extinguishing of the right to buy has expired; or

(b) before that period has expired-

(i) the land is transferred to another person; and

(ii) that person requires to give notice under section 26 in relation to a subsequent transfer.

(a) agreed between the tenant and the person from whom the land is to be bought ("the seller"); or

(b) where there is no such agreement-

(i) payable by the tenant in accordance with section 34(8); or

(ii) if the price is determined in an appeal under section 37, as is so determined,

and must specify the date of entry and of payment of the price in accordance with subsection (3).

(a) a date not later than 6 months from the date when the tenant gave notice under section 29(2) or (4) of the tenant's intention to buy;

(b) where the price payable by the tenant is the subject of an appeal under section 37 which has not, within the period of 4 months after the date when the tenant gave such notice, been-

(i) determined; or

(ii) abandoned following agreement between the tenant and the seller,

a date not later than 2 months after the appeal is so determined or, as the case may be, abandoned; or

(c) such later date as may be agreed between the tenant and the seller.

(a) concluding missives with the seller for the sale of the land to the tenant; or

(b) if the tenant has not so concluded missives, taking all steps which the tenant could reasonably have taken in the time available towards so concluding missives.

(a) direct the tenant-

(i) to conclude missives with the seller within such period; and

(ii) to take such remedial action for the purpose of so concluding missives; and

(b) direct the tenant and seller to incorporate into the missives any term or condition in respect of the sale of the land,

(a) the tenant fails to comply with an order under subsection (7); or

(b) where the seller has not applied for an order under that subsection, the tenant has not (having regard to the period fixed by or agreed under subsection (3)) within a reasonable period from the acquiring by the tenant of the right to buy otherwise concluded missives with the seller for the sale of the land to the tenant,

(a) the seller; and

(b) at least half of the tenants mentioned in that subsection,

(a) having regard to the value that would be likely to be agreed between a reasonable seller and buyer of such land-

(i) assuming that the seller and buyer are, as respects the transaction, willing; and

(ii) where the buyer is a sitting tenant;

(b) taking account, in so far as a seller and a buyer of the land (assuming that they are, as respects the transaction, willing) would do so, of any factor attributable to the known existence of a person who (not being the tenant who is exercising a right to buy the land) would be willing to buy the land at a price higher than other persons because of a characteristic of the land which relates peculiarly to that person's interest in buying it;

(c) taking account of when the seller would in the normal course of events have been likely to recover vacant possession of the land from the tenant;

(d) taking account of the terms and conditions of any lease of sporting interests affecting the land;

(e) taking account of any moveable property belonging to the owner of the land which is, by agreement between the tenant and the owner, to be-

(i) sold with; and

(ii) valued along with,

the land;

(f) taking no account of-

(i) the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale; or

(ii) any factor attributable to any use of the land which is or would be unlawful;

(g) taking no account of any increase in the value of the land resulting from improvements carried out at the expense of the tenant;

(h) taking no account of any increase in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose that is not an agricultural purpose or the carrying out of conservation activities on the land;

(i) taking no account of-

(i) any reduction in the value of the land as a result of any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the tenant; or

(ii) any such reduction resulting from the use of any of the land, or changes to the land, for a purpose that is not an agricultural purpose or the carrying out of conservation activities on the land; and

(j) taking no account of any fixed equipment owned by the tenant.

(a) subject to paragraph (b), "improvements" is to be construed by reference to Schedule 5 to the 1991 Act; and

(b) the continuous adoption by the tenant of a standard of farming or a system of farming more beneficial to the land than the standard or system required by the lease or, in so far as no system of farming is so required, than the system of farming normally practised on comparable agricultural land in the district, is to be treated as an improvement executed at the tenant's expense.

(a) the value of the estate were the estate being sold by the seller to a person other than the tenant; and

(b) the value of the remainder of the estate (that is to say, the estate less the land in respect of which the right to buy is being exercised) were the remainder being sold by the seller to such a person.

(a) any land forming part of the estate and which is being bought in exercise of a right to buy under this Part; and

(b) any other land forming part of the estate offered for sale by the seller at the same time as the land mentioned in paragraph (a).

(a) the value assessed under subsection (2); or

(b) where the land forms part of an estate, the greater of the values assessed under-

(i) that subsection; and

(ii) subsection (4).

(a) the valuer, in assessing the value of the land under subsection (2) of section 34, is to have regard to-

(i) the fact that the buyer is a general partner of a limited partnership; and

(ii) any provision of the partnership agreement entitling a limited partner to dissolve the partnership; and

(b) paragraph (a)(ii) of that subsection is of no effect.

(a) to invite-

(i) the seller and the tenant; and

(ii) where the land forms part of an estate, any other person the valuer considers to have an interest in the estate,

to make written representations about the matters mentioned in subsection (2); and

(b) to have regard to any such representations.

(a) the valuation of the land; and

(b) where the land forms part of an estate, any valuation of the estate (and any apportionment of a reduction in the value of the estate),

(a) enter onto land; and

(b) make any reasonable request of the seller and tenant,

(a) met by the tenant; or

(b) where subsection (2) of section 33 applies, shared equally between the tenants mentioned in that subsection.

(a) the Land Court has made an order under section 32(7);

(b) the tenant to whom the order applies has complied with the order; and

(c) the seller does not proceed with the sale of the land to the tenant,

(a) reassess any value of the land (and any factor affecting the value) or of an estate (and how any reduction in the value of an estate is to be apportioned); and

(b) for the purposes of section 32(2)(b)(ii), determine the price.

(a) where the seller is-

(i) a creditor in a standard security, the owner of the land; and

(ii) the owner of the land, any creditor in a standard security over the land or any part of it; and

(b) where the land forms part of an estate-

(i) any creditor in a standard security over; and

(ii) any tenant of,

any other land forming part of the estate.

(a) 1991 Act tenancy; or

(b) tenancy under a lease constituting a limited duration tenancy,

(a) subletting the land is prohibited (by the lease or otherwise); and

(b) that prohibition impedes the use of the land for a non-agricultural purpose,

(a) what the non-agricultural purpose is;

(b) the land that would be used for that purpose;

(c) any changes to the land the tenant proposes to effect for that purpose; and

(d) the date on which the tenant proposes to commence using the land for that purpose,

(a) the tenant proposes to effect changes to the land for the non-agricultural purpose; or

(b) the tenant's intended use of the land for that purpose is in furtherance of a business,

(a) for the purpose specified under paragraph (a), and as specified under paragraphs (b) and (c), of subsection (2); and

(b) from the appointed date,

(a) the date specified under subsection (2)(d);

(b) where the landlord has made-

(i) a request for information under subsection (6), the date falling 70 days from the making of the request; or

(ii) more than one such request, the date falling 70 days from making of the later or, as the case may be, latest request,

if later than the date so specified; or

(c) such earlier date as the landlord and tenant may agree to.

(a) within 30 days of the giving of the notice of diversification, request the tenant to provide the landlord with relevant information; and

(b) within 30 days of the providing by the tenant of any relevant information, request the tenant to provide the landlord with further relevant information.

(a) relates to-

(i) the intended use of the land for the non-agricultural purpose (including any proposed changes to the land); and

(ii) where the intended use of the land is in furtherance of a business, the finance or management of the business; and

(b) is necessary for the landlord's consideration of whether or not there are grounds under subsection (9)(a)(i) to (iii) or (b) for objection to the notice of diversification.

(a) the landlord reasonably considers that the intended use of the land for the non-agricultural purpose (including any proposed changes to the land) would-

(i) lessen significantly the amenity of the land or the surrounding area;

(ii) substantially prejudice the use of the land for agricultural purposes in the future;

(iii) be detrimental to the sound management of the estate of which the land consists or forms part; or

(iv) cause the landlord to suffer undue hardship;

(b) where the notice specifies a matter mentioned in subsection (3), the landlord reasonably considers that it fails to demonstrate that the proposed changes are, or, as the case may be, the business (so far as relating to the land) is, viable; or

(c) the tenant has failed to comply with subsection (8).

(a) of any objection to the notice of diversification (and the grounds for the objection) or, as the case may be, of the fact that the landlord does not object to the notice; and

(b) where the landlord does not object to the notice, of any conditions imposed under subsection (10) (and the reasons for imposing them).

(a) where the landlord has made-

(i) a request for information under subsection (6), 60 days from the making of the request; or

(ii) more than one such request, 60 days from the making of the later or, as the case may be, latest request; or

(b) where the landlord has made no such request, 60 days from the giving of the notice of diversification.

(a) the objection is of no effect; and

(b) the land may be used-

(i) as mentioned in paragraph (a) of subsection (4) of section 40; and

(ii) from such date as the Court may fix,

subject to any conditions imposed under subsection (2).

(a) remove the condition; and

(b) in its place, impose on the tenant such reasonable conditions as it considers appropriate.

(a) a 1991 Act tenancy; or

(b) a limited duration tenancy,

(a) in section 34, paragraph (b) of subsection (4);

(b) in section 37, subsection (2); and

(c) in section 38, subsection (5).

(a) that improvement; or

(b) the leaving of temporary pasture at the termination of the tenancy,

(a) in subsection (4), paragraph (a) were omitted;

(b) in subsections (4) and (5), the references to an agricultural holding and the holding were references to the land; and

(c) in subsection (5), the words "a new" were read as "an".

(a) account is to be taken of any benefit which the landlord has agreed in writing to give the tenant in consideration of the tenant carrying out the improvement; and

(b) where a grant has been or will be made to the tenant in respect of the improvement, subject to the conditions of the grant-

(i) if either the landlord or tenant has not made or will not make a contribution towards the cost of the improvement, or neither of them has made or will make such a contribution, the grant is not to be taken into account;

(ii) in any other case, there is to be taken into account such proportion of the grant as equals the proportion of any contribution made by the tenant towards the cost of the improvement as a proportion of the total of the tenant's contribution added to that of the landlord.

(a) the words "a new" were omitted;

(b) the words "one month" read "60 days"; and

(c) the reference to notice under section 38(3) of that Act were a reference to the notice mentioned in subsection (1) of this section.

(a) any land is resumed under section 17; or

(b) a short limited duration tenancy or a limited duration tenancy terminates by notice under subsection (3) of that section,

(a) in those subsections, the references to the holding were references to the land;

(b) in subsection (6)-

(i) the reference to the tenant of an agricultural holding were a reference to the tenant of the short limited duration tenancy or limited duration tenancy; and

(ii) the reference to a notice to quit given by the landlord were a reference to the termination of the tenancy; and

(c) where the resumption under section 17 is of part of the land-

(i) the references to the land in those subsections of section 43 of that Act by virtue of paragraph (a) of this subsection were references to that part; and

(ii) the references to the rent in subsection (4)(a) and (b) of that section were references to the rent proportionate to the part.

(a) the part of the land affected by the notice under subsection (2) of section 17, together with any part of the land resumed following a previous such notice is-

(i) less than a quarter of the original area of the land comprised in the lease constituting the tenancy; or

(ii) of a rental value less than a quarter of the rental value of that area of land; and

(b) the remainder of the land is reasonably capable of being farmed separately,

(a) the references to the holding were references to the land;

(b) in subsection (2) of that section, the reference to a record of fixed equipment were a reference to fixed equipment specified under section 16 of this Act; the reference to the date of the record were a reference to the date on which the equipment was so specified; and the words from "or" to the end were omitted; and

(c) in subsection (3) of that section, the reference to Part IV of that Act were a reference to section 45(1) of this Act.

(a) where the acquiring authority requires the land or part of the land for the purposes of agricultural research or experiment or of demonstrating agricultural methods; or

(b) where the Scottish Ministers acquire the land or part of the land under section 57(1)(c) or 64 of the Agriculture (Scotland) Act 1948 (c.45).

(a) the references to sections 54 and 56 of that Act were references to that subsection;

(b) the references to sections 13 and 15 of that Act were references to sections 9 and 10 of this Act respectively; and

(c) any reference to, or in relation to, statutory small tenants were omitted.

(a) a 1991 Act tenancy; and

(b) a limited duration tenancy created under section 2.

(a) the tenant will give notice of intention to quit and then vacate the land by such date as may be specified in the agreement; and

(b) the landlord, having sold the land, will pay to the tenant an amount of compensation for so doing calculated by reference to subsection (3) below.

(a) the price for which the land is sold; and

(b) the estimated value of the land if it had been sold with the tenant still in occupation,

(a) the tenant will give notice of intention to quit and then vacate the land by such date as may be specified in the agreement; and

(b) the landlord will pay to the tenant an amount of compensation for so doing calculated by reference to subsection (5) below.

(a) the estimated value of the land if sold with vacant possession; and

(b) the estimated value of the land if sold with the tenant still in occupation,

(a) where the tenancy is a limited duration tenancy, the proportion of the term of the tenancy which is unexpired; and

(b) in any case, any-

(i) investments;

(ii) improvements; and

(iii) repairs and maintenance,

in the holding made by both tenant and landlord over the period of the lease.

(a) no compensation is payable under this Part (except under paragraph (b)) to the tenant in respect of anything done in pursuance of any direction as to permanent pasture given by virtue of section 15; and

(b) in assessing compensation to an outgoing tenant where land has been ploughed up in pursuance of any such direction, the value per hectare of any tenant's pasture (being pasture laid down at the expense of the tenant or paid for by the tenant on entering the tenancy) comprised in the land is to be taken not to exceed the average value per hectare of the whole of the tenant's pasture comprised in the land on the termination of the tenancy.

(a) is entitled to such compensation notwithstanding the terms of any agreement between them; and

(b) is not entitled to such compensation except by virtue of that provision,

(a) subsection (3) is repealed; and

(b) after subsection (4) there is inserted-

(a) for subsection (3) there is substituted-

(b) in subsection (6), the words ", on the application of the landlord or tenant," are repealed; and

(c) in each of subsections (8) and (9), for the word "the" in the second place where it appears there is substituted "any".

(a) in subsection (2), after "Act" insert "(except section 8)"; and

(b) after that subsection there is inserted-

(a) in subsection (3), the words ", but no other" are repealed;

(b) after that subsection there is inserted-

(c) for subsection (4) there is substituted-

(d) in subsection (6)(b), after the word "or" in the second place where it appears there is inserted "it has been determined".

(a) in subsection (2), for the word "(7)" there is substituted "(7A)";

(b) in subsection (3), for the words from "there" to the end there is substituted "disregarding-

(c) for subsection (4) there is substituted-

(d) in subsection (7)-

(i) the words from "any" to the end become paragraph (a); and

(ii) after that paragraph there is inserted "; or

(e) after that subsection there is inserted-

(a) in subsection (2)-

(i) the words from "that" in the second place where it appears to the end become paragraph (a); and

(ii) after that paragraph there is added "; or

(b) after subsection (4) there is added-

(a) a 1991 Act tenancy if the lease constituting the tenancy is entered into on or after the coming into force of this section; and

(b) a tenancy under a lease constituting a short limited duration tenancy or a limited duration tenancy,

(a) any partner is-

(i) the landlord or an associate of the landlord; or

(ii) a partnership or a company in which the landlord has a relevant interest; and

(b) there is any other partner,

(a) the dissolution of the partnership-

(i) in accordance with the partnership agreement; or

(ii) due to the actings of any partner mentioned in subsection (2)(a);

(b) the renunciation of the tenancy by such a partner; or

(c) a breach of the tenancy by such a partner,

(a) the tenancy continues to have effect; and

(b) any partner not mentioned in subsection (2)(a) becomes the tenant (or a joint tenant) under the tenancy in the partner's own right,

(a) it is in writing;

(b) it is given within 28 days of the purported termination of the tenancy; and

(c) it states that the partner intends to become the tenant (or a joint tenant) under the tenancy in the partner's own right.

(a) a partner in the partnership;

(b) a partner in a partnership which forms part of the partnership;

(c) a shareholder in the company; or

(d) the holder of a standard security or floating charge over an interest in a tenancy where the partnership or the company is a partner in the tenant.

(a) where the landlord is a partnership or a company, a partner in the landlord or, as the case may be, a shareholder of the landlord;

(b) where an associate of the landlord is a partnership or a company, a partner in or, as the case may be, a shareholder of that associate;

(c) an agent of the landlord or of an associate of the landlord; or

(d) a member of the landlord's family.

(a) AG is the person's spouse or AG and the person live together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that AG and the person are of the same sex; or

(b) AG is the person's parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or cousin.

(a) a relationship by marriage is to be treated as a relationship by blood;

(b) a relationship of the half-blood is to be treated as a relationship of the whole blood;

(c) if AG is-

(i) the stepchild of the person, AG is to be treated as the person's child;

(ii) the step-parent of the person, AG is to be treated as the person's parent;

(d) if AG is brought up or treated by the person as if the person's child, AG is to be treated as the person's child.

(a) the tenant is a limited partnership; and

(b) any limited partner is-

(i) the landlord or an associate of the landlord; or

(ii) a partnership or a company in which the landlord has a relevant interest.

(a) the dissolution of the partnership by notice served on or after 16th September 2002 by a limited partner mentioned in subsection (1)(b);

(b) the renunciation of the tenancy on or after that date by such a partner; or

(c) a breach of the tenancy on or after that date by such a partner,

(a) the conditions mentioned in subsection (5) are met; or

(b) the Land Court makes an order under subsection (8).

(a) that-

(i) a (or the) notice of dissolution of the partnership has been (or was) served before 4th February 2003 by a limited partner mentioned in subsection (1)(b); and

(ii) the partnership has been dissolved in accordance with the notice; and

(b) that the land comprised in the lease-

(i) has been transferred or let;

(ii) under missives concluded before 7th March 2003, is to be transferred; or

(iii) under a lease entered into before that date, is to be let,

to any person.

(a) the tenancy continues to have effect; and

(b) any general partner becomes the tenant (or a joint tenant) under the tenancy in the partner's own right,

(a) a tenancy continues to have effect by virtue of subsection (6); and

(b) the-

(i) notice mentioned in paragraph (a) of subsection (3) was served before the relevant date; or

(ii) thing mentioned in paragraph (b) or (c) of that subsection occurred before that date,

the landlord may, within the relevant period, apply to the Land Court for an order under subsection (8).

(a) is an order that subsection (6) does not apply; and

(b) has effect as if that subsection never applied.

(a) the-

(i) notice mentioned in paragraph (a) of subsection (3) was served otherwise than for the purposes of depriving any general partner of any right deriving from this section; or

(ii) thing mentioned in paragraph (b) or (c) of that subsection occurred otherwise than for that purpose; and

(b) it is reasonable to make the order.

(a) a tenancy continues to have effect by virtue of subsection (6); and

(b) the-

(i) notice mentioned in paragraph (a) of subsection (3) was served on or after the relevant date; or

(ii) thing mentioned in paragraph (b) or (c) of that subsection occurred on or after that date,

section 73 applies.

(a) subsections (7) and (10), the relevant date is such date as the Scottish Ministers may by order specify; and

(b) subsection (7), the relevant period is the period from the relevant date to such date as they may so specify.

(a) be in writing and state that the tenant shall quit the land on the expiry of the stipulated endurance of the lease constituting the tenancy (or, where the lease has continued in force by tacit relocation, on the expiry of a period of continuation); and

(b) be given not less than one year nor more than two years before the expiry of the stipulated endurance of the lease (or expiry of the period of continuation), provided that not less than 90 days have elapsed from the date on which the intimation mentioned in subsection (5) is given.

(a) service of the notice mentioned in paragraph (a) of subsection (3) of section 72, or the thing mentioned in paragraph (b) or (c) of that subsection, occurred otherwise than for the purposes of depriving the tenant (being then a general partner) of any right deriving from section 72; and

(b) it is reasonable to make the order.

(a) provide that Part 2, in its application in relation to-

(i) partnerships who are tenants; and

(ii) such partners of partnerships as may exercise or enforce any right of tenants conferred by that Part,

has effect with or subject to such modifications as the regulations may specify; and

(b) make such further provision in relation to such partnerships and partners as they consider necessary or expedient for the purposes of that Part.

(a) whether-

(i) a short limited duration tenancy;

(ii) a limited duration tenancy; or

(iii) a tenancy to which section 3 applies,

exists or has been terminated;

(b) any question or difference between the landlord and tenant arising out of or in connection with any such tenancy, whether the question or difference arises during the currency of or on or after the termination of the tenancy;

(c) any claim by the landlord or tenant of any such tenancy against the other which arises, by virtue of this Act or under any rule of law, custom or agreement, on or out of the termination of the tenancy or of any part of it;

(d) any other issue of fact or law relating to-

(i) any such tenancy or a 1991 Act tenancy; or

(ii) agriculture,

which the landlord or tenant reasonably require to have resolved.

(a) who is entitled to succeed to the estate of a deceased person on intestacy by virtue of the Succession (Scotland) Act 1964 (c.41);

(b) the validity of

(i) any bequest; or

(ii) any transfer,

of any interest under the lease constituting the tenancy; or

(c) whether any such transfer is in the best interests of the estate of a deceased person.

(a) arbitration; or

(b) any other method of resolving the matter.

(a) in pursuance of section 21, 22 or 49(2); or

(b) on appeal.

(a) have the matter heard (or any issue in relation to the matter determined) by the Land Court (other than on appeal); and

(b) agree under section 78(1)(b) to another method of resolving the matter.

(a) a single arbiter; or

(b) two arbiters (with or without an oversman),

(a) quash, confirm or vary the award or any part of it; and

(b) where the Court quashes the award or any part of it-

(i) remit the case to the arbiter for further procedure; and

(ii) direct the arbiter on any question of law relevant to the case.

(a) a lease constituting a short limited duration tenancy, a limited duration tenancy or a tenancy to which section 3 applies; or

(b) any agreement in connection with such a lease (other than an agreement under section 78(1)),

(a) in subsection (6) of section 1 (the Land Court)-

(i) after the word "enactment" there is inserted ", or under the Agricultural Holdings (Scotland) Act 2003 (asp 11)";

(ii) for the words "1993," there is substituted "1993 or";

(iii) the words "or the Agricultural Holdings (Scotland) Act 1991" are repealed; and

(iv) after "any" in the third place where it appears there is inserted "such";

(b) after subsection (7) of that section there is inserted-

(c) in Schedule 1 (the Land Court)-

(i) in sub-paragraph (2) of paragraph 6, after the word "shall" in the first place where it appears there is inserted ", subject to sub-paragraph (3) below"; and

(ii) after that sub-paragraph there is inserted-

(a) sections 77(2) and 78(2); and

(b) sections 60(2) and 61(2) (which make provision as to the resolution of disputes) of the 1991 Act.

(a) a decree of interdict (including an interim decree);

(b) an order ad factum praestandum or an order of specific implement (including in either case an interim order);

(c) an order of specific restitution;

(d) an order of reduction or rectification;

(e) an order of removal or ejection (but not an interim order);

(f) an order for damages or other substitutionary redress;

(g) a declarator.

(a) must specify the date by which the landlord is to comply with the order; and

(b) may, following an application by the landlord, specify a later date (in place of the date specified under paragraph (a)) by which the landlord is to comply with the order if it is satisfied that the landlord intends to comply with the order but reasonably requires more time to do so.

(a) a matter is before the Land Court for determination by virtue of the 1991 Act or this Act; and

(b) an action in respect of the matter could competently have been brought before a sheriff or in the Court of Session,

(a) to the Land Court requesting that it remit the matter to the Court of Session under subsection (1) above; or

(b) to the Court of Session craving it to require the Land Court so to remit the matter.

(a) quash, confirm or vary the determination or any part of it; and

(b) where the Court quashes the determination or any part of it-

(i) remit the case to the Land Court for further procedure; and

(ii) direct the Land Court on any question of law relevant to the case.

(a) the arbiter has misconducted himself during the course of the arbitration; or

(b) the arbitration has been improperly procured,

(a) the arbiter has so misconducted himself, or the arbitration has been improperly procured, it may make an order setting aside the arbiter's award;

(b) the arbiter has so misconducted himself, it may make an order removing the arbiter.

(a) to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient; and

(b) to make different provision for different purposes.

(a) an order under section 18(4)(b)(ii), 25(7), 72(11) or, except where subsection (5) applies, section 92; or

(b) regulations under section 25(3) or 26(2),

(a) an order under section 27(5), 28(5), 70(9), 71(4) or 83; or

(b) regulations under section 36(7) or 74,

"the 1991 Act" means the Agricultural Holdings (Scotland) Act 1991 (c.55);

"1991 Act tenancy" is to be construed in accordance section 1;

"agriculture" is to be construed in accordance with section 85 (interpretation) of the 1991 Act; and "agricultural" and "non-agricultural" are to be construed accordingly;

"agricultural land" means land used for agriculture for the purposes of a trade or business;

"fixed equipment" is to be construed by reference to section 85 of the 1991 Act;

"the Land Court" means the Scottish Land Court;

"landlord" means any person for the time being entitled to receive the rents under a lease constituting a tenancy and includes the executor, assignee, legatee, disponee, guardian, legal representative (within the meaning of Part I of the Children (Scotland) Act 1995 (c.36)) or permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985 (c.66)), of a landlord;

"limited duration tenancy" is to be construed in accordance with section 5;

"the Parliament" means the Scottish Parliament;

"short limited duration tenancy" is to be construed in accordance with section 4;

"tenant" means the holder of land under a tenancy constituted by a lease and includes the executor, assignee, legatee, disponee, guardian, legal representative (within the meaning of Part I of the Children (Scotland) Act 1995) or permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985), of a tenant;

"termination", in relation to a tenancy, means the termination of the lease constituting the tenancy.

(a) in subsection (2), at the beginning there is inserted "Subject to subsection (4A),";

(b) in subsection (3)-

(i) at the beginning there is inserted "Subject to subsection (4C),"; and

(ii) in paragraph (b), for the words "sheriff on summary application by" there is substituted "relevant court on the application of";

(c) in subsection (6)-

(i) for the words "to an arbiter to determine" there is substituted "for the determination of";

(ii) for the words from "Land" in the second place where it appears to "award" there is substituted "order or determination shall not be"; and

(iii) the words "the court or the arbiter is satisfied that" are repealed;

(d) in subsection (8), after the word "Act" in the second place where it appears there is inserted "" or, as the case may be, section 21(2) and (3) of the 2003 Act,";

(e) after that subsection there is inserted-

(f) in subsection (9)-

(i) in the definition of "agricultural lease", for the words from "or" in the first place where it appears to the end there is substituted ", or a lease of a croft within the meaning of section 3(1) of the Act of 1955, or a lease constituting a 1991 Act tenancy, or a lease constituting a short limited duration tenancy or a limited duration tenancy";

(ii) after the definition of "the 1991 Act" there is inserted-

(iii) at the end there is inserted-

(a) the word "of" in the first place where it appears is repealed;

(b) for paragraph (a) there is substituted-

(c) at the beginning of each of paragraphs (b) and (c) there is inserted the word "of".

(a) in subsection (7), for paragraph (b) there is substituted-

(b) in subsection (8), for the definition of "agricultural holding" there is substituted-

(a) in subsection (1)-

(i) in paragraph (b), the words "an agricultural holding,", and the word "or" immediately preceding that paragraph, are repealed; and

(ii) after that paragraph there is inserted "; or

(b) in subsection (2), for the definition of "agricultural holding" there is substituted-

(a) the words-

(i) from "the" in the third place where it appears to "that" in the second place where it appears; and

(ii) "shall be referred",

are repealed;

(b) for the words from "to" in the first place where it appears in head (a) to the end of that head there is substituted "may be referred to the Scottish Land Court under section 60 of that Act";

(c) after the word "case," where it appears in head (b) there is inserted "shall be referred, following a demand for referral made, by notice in writing at any time before the termination of the lease, by the landlord or tenant to the other,"; and

(d) for the words from "section" in the second place where it appears to the end there is substituted "the provisions of the 1991 Act and the Agricultural Holdings (Scotland) Act 2003 (asp 11), so far as applying to matters which fall to be determined under section 60 of the 1991 Act, shall apply to the matter referred to in this sub-paragraph.".

(a) in head (a) of sub-paragraph (1), for the words from "arbitration" to the end there is substituted "the Scottish Land Court under section 60 of that Act";

(b) for sub-paragraph (4) there is substituted-

(c) in sub-paragraph (5), for the words "an arbitration" there is substituted "a determination";

(d) in sub-paragraph (6), in head (b), the words "by arbitration" are repealed; and

(e) after sub-paragraph (7) there is inserted-

(a) in subsection (1), for the word "arbitration" there is substituted "the Land Court";

(b) in subsection (2)-

(i) for the words "arbiter shall by his award" there is substituted "Land Court shall in its determination"; and

(ii) for the word "arbiter" in the second place where it appears there is substituted "Land Court";

(c) in subsection (3), for the words "arbiter may include in his award" there is substituted "Land Court may include in its determination"; and

(d) in subsection (4)-

(i) for the words "award of an arbiter" there is substituted "determination of the Land Court"; and

(ii) for the word "award" in the second and third places where it appears there is in each case substituted "determination".

(a) in subsection (1), for the words from "landlord" to "of" in the fifth place where it appears, there is substituted "Land Court may determine";

(b) in subsection (2), for the words from the beginning to "award" there is substituted "The Land Court may in its determination"; and

(c) in subsection (3)-

(i) for the word "arbiter" there is substituted "Land Court"; and

(ii) for the words "he may also by his award" there is substituted "it may also".

(a) in subsection (1)-

(i) for the words from "by" in the first place where it appears to "of" in the third place where it appears there is substituted "have determined by the Land Court"; and

(ii) the words from ", and" to the end are repealed;

(b) in subsection (2), for the words from the beginning to "arbiter" there is substituted "In relation to such a question, the Land Court";

(c) in subsection (5), for the word "arbiter" there is substituted "Land Court";

(d) in subsection (7), for the word "arbiter" there is substituted "Land Court"; and

(e) in subsection (8), for the word "arbitration" there is substituted "the Land Court".

(a) in subsection (1), for "sheriff court" there is substituted "Land Court";

(b) in subsection (2)-

(i) for "sheriff" there is substituted "Land Court"; and

(ii) for "his" there is substituted "its"; and

(c) subsection (4) is repealed.

(a) in subsection (2), for the word "arbitration" there is substituted "the Land Court";

(b) in subsection (3)-

(i) for the words "the award of the arbiter in an arbitration" there is substituted "the determination of the Land Court"; and

(ii) for the words "arbiter's award" there is substituted "Land Court's determination";

(c) in subsection (4)-

(i) for the words "an arbitration" there is substituted "a determination"; and

(ii) for the words from "arbiter's" to the end there is substituted "Land Court's determination"; and

(d) in subsection (5), for the words from "award" to "arbitration" there is substituted "determination".

(a) in subsection (1), for the word "arbitration" there is substituted "the Land Court"; and

(b) in subsection (2), for the word "arbiter" there is substituted "Land Court".

(a) in subsection (3) for the word "arbitration" there is substituted "the Land Court";

(b) in subsection (4)-

(i) in paragraph (b), for the word "arbitration" there is substituted "Land Court's determination"; and

(ii) in paragraph (c), for the words "arbiter's award" there is substituted "Land Court's determination"; and

(c) in subsection (6), for the word "arbitration" there is substituted "Land Court's determination".

(a) in subsection (3), for the words "of an arbitration to determine" there is substituted "arising from the determination of"; and

(b) in subsection (5), for the words "arbiter finds to be" there is substituted "Land Court determines as".

(a) in subsection (2) for the word "arbitration" there is substituted "the Land Court"; and

(b) in subsection (3)-

(i) for the word "arbitration" there is substituted "the Land Court"; and

(ii) for the word "award" there is substituted "determination".

(a) for the word "arbiter" in each place where it appears there is substituted "Land Court";

(b) for the word "award" there is substituted "determination"; and

(c) for the word "he" there is substituted "it".

(a) for subsection (1) there is substituted-

(b) in subsection (5), for the words from ", an" to the end there is substituted-

(a) in subsection (1)-

(i) for the word "arbitration" there is substituted "the Land Court"; and

(ii) for the word "arbiter" in each place where it appears there is substituted "Land Court";

(b) in subsection (2)-

(i) for the words "an arbiter" there is substituted "the Land Court"; and

(ii) the words "the arbiter or" and "by the arbiter" are repealed;

(c) after subsection (2) there is inserted-

(d) in subsection (3)-

(i) after the word "(2)" there is inserted "or (2A)"; and

(ii) for the word "arbiter" there is substituted "Land Court"; and

(e) in subsection (4)-

(i) for the word "arbiter" in the first, third and fourth places where it appears there is in each case substituted "Land Court";

(ii) for the words "arbiter on an arbitration required by notice" there is substituted "Land Court in a determination required";

(iii) for the words "his award" there is substituted "its determination";

(iv) for the word "award" in the second place where it appears there is substituted "determination"; and

(v) for the word "he" there is substituted "it".

(a) in subsection (1)-

(i) for the words "69 to" in the first place where they appear there is substituted "71 and";

(ii) for the word "arbitration" there is substituted "any method"; and

(iii) the words "and sections 69 to 72 of this Act" are repealed;

(b) after that subsection there is inserted-

(c) in subsection (2)-

(i) for the words "arbiter shall in his award" there is substituted "Land Court shall in its determination"; and

(ii) for the word "he" there is substituted "it";

(d) in subsection (3), for the word "arbiter" there is substituted "Land Court"; and

(e) subsection (4) is repealed.

(a) in paragraph 2-

(i) for the word "arbitration" there is substituted "the Land Court"; and

(ii) for the words "the Land Court in pursuance of section 61(2)" there is substituted "arbitration by virtue of section 61(1)"; and

(b) in paragraph 3, after the word "question" there is inserted "by the Land Court or".

(a) in paragraph 1, after the word "or" there is inserted ", by virtue of section 61(1) of this Act,"; and

(b) in paragraph 4-

(i) after the word "shall," there is inserted "where the valuer is the Land Court (and not an arbiter by virtue of section 61(1) of this Act), on the application of the parties,"; and

(ii) the words from "by" in the second place where it appears to "prices" in the first place where it appears are repealed.

(a) in paragraph 1, after the word "or" there is inserted ", by virtue of section 61(1) of this Act,"; and

(b) in paragraph 4-

(i) after the word "shall," there is inserted "where the valuer is the Land Court (and not an arbiter appointed by virtue of section 61(1) of this Act), on the application of the parties,"; and

(ii) the words from "by" in the second place where it appears to "prices" in the first place where it appears are repealed.

(a) in section 29 (miscellaneous provisions regarding subleases of crofts), in subsection (1), for the words from "a crofter" to the end there is substituted-

(b) in section 30 (compensation to crofter for improvements), in subsection (5)-

(i) after the words "1991" there is inserted "or of the Agricultural Holdings (Scotland) Act 2003 (asp 11)"; and

(ii) for the words "that Act" in each place where they appear there is substituted "either of those Acts"; and

(c) in paragraph 11 of Schedule 2 (the statutory conditions)-

(i) after the words "1991" there is inserted ", or by virtue of section 53(3) of the Agricultural Holdings (Scotland) Act 2003 (asp 11)"; and

(ii) the words from ", and that section" to the end are repealed.

(a) in subsection (1)(a)(ii), for the word "holding" there is substituted "land"; and

(b) in subsection (7), for the definition of "agricultural holding" there is substituted-