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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040497.html
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| Made | 18th November 2004 | ||
| Laid before the Scottish Parliament | 22nd November 2004 | ||
| Coming into force | 15th December 2004 |
The Scottish Ministers, in exercise of the powers conferred by sections 25(3) and 26(2) of the Agricultural Holdings (Scotland) Act 2003[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Agricultural Holdings (Forms) (Scotland) Regulations 2004 and shall come into force on 15th December 2004.
(2) In these Regulations "the Act" means the Agricultural Holdings (Scotland) Act 2003.
Notice of Interest
2. The form set out in Schedule 1 to these Regulations is prescribed for the purposes of section 25 of the Act.
Notice of Proposal to Transfer Land
3. The form set out in Schedule 2 to these Regulations is prescribed for the purposes of section 26 of the Act.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
18th November 2004
I/We, owner(s)* of [here specify land in respect of which a tenant's interest has been registered, or any part of that land, with registration number if known] hereby give(s) notice in terms of section 26(1) of the Agricultural Holdings (Scotland) Act 2003 to [specify tenant with registered interest] that I/we propose to transfer the above mentioned land.
If you intend to purchase this land, section 29(1) and (2) of that Act require you to notify me/us of your intention within 28 days of receiving this notice. You are advised to seek legal advice about this notice and any action you may require to take as a result of receiving this notice.
| Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
| (Signed by owner)* |
*If appropriate insert instead details of a creditor in a Standard Security with a right to sell the land.
(This note is not part of the Regulations)
These Regulations prescribe the forms to be used for-
-
(a) the notice of a tenant's interest under section 25 of the Agricultural Holdings (Scotland) Act 2003 (asp 11) ("the Act"); and
(b) the notice to be given by an owner or creditor under section 26 of the Act where a transfer of land is proposed.
Regulation 2 and Schedule 1 prescribes the form of application for the registration of an interest in acquiring land under section 25(1) of the Act. Section 25(3) of the Act prescribes the information which must be specified in the form. Section 25(4) of the Act requires the tenant to send a copy of the form to the owner of the land in question.
Regulation 3 and Schedule 2 prescribes the form of notice to be given by an owner of land or creditor, who proposes to transfer land, to a tenant where that tenant has registered an interest in acquiring the land. Section 26(1) of the Act requires the notice to be served upon the tenant and a copy sent to the Keeper of the Register of Community Interests in Land.
Notes:
[1] 2003 asp 11.back
ISBN 0 110669334 5