Citation and commencement

1.  These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) (Modern Limited Duration Tenancies) Miscellaneous Amendments Regulations 2017 and come into force on 30th November 2017.

Amendment of the Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017

2.  The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017(2) are amended in accordance with regulations 3 and 4.

3.  In regulation 1(2) (interpretation), in the definition of "limited duration tenancy", for "that" substitute "the 2003".

4.  For regulations 5 to 14 substitute-

"Transitory provision: modern limited duration tenancies

5.  Until the coming into force of section 92 of the 2016 Act (repairing tenancies: creation)(3) for all purposes, section 5A(1)(c) of the 2003 Act (modern limited duration tenancies)(4) is to be read as if "or a repairing tenancy" were omitted.

Transitory provision: Sheriff Courts (Scotland) Act 1907

6.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 37A of the Sheriff Courts (Scotland) Act 1907 (removings: exception for certain tenancies)(5) is to be read as if for ", modern limited duration tenancies or repairing tenancies" there were substituted "or modern limited duration tenancies".

Transitory provision: Succession (Scotland) Act 1964

7.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 16 of the Succession (Scotland) Act 1964 (provisions relating to leases)(6) is to be read as if-

(a)in subsection (4A), for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(b)in subsection (4C), for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy"; and

(c)in subsection (9)-

(i)in the definition of "agricultural lease", for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy"; and

(ii)for ", "modern limited duration tenancy" and "repairing tenancy"" there were substituted "and "modern limited duration tenancy"".

Transitory provision: Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

8.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 7(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (interpretation of sections 4 to 6)(7) is to be read as if, in the definition of "agricultural lease", for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy".

Transitory provision: Crofters (Scotland) Act 1993

9.  Until the coming into force of section 92 of the 2016 Act for all purposes, the Crofters (Scotland) Act 1993(8) is to be read as if-

(a)in section 3A(9)(a)(ii) (new crofts)(9), for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy";

(b)in section 29(1)(b) (miscellaneous provisions regarding subleases of crofts)(10), for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy"; and

(c)for section 29B(b) (status of tenant under a short lease)(11) there were substituted-

"(b)the tenant under a lease constituting-

(i)a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11);

(ii)a short limited duration tenancy within the meaning of that Act;

(iii)a limited duration tenancy within the meaning of that Act; or

(iv)a modern limited duration tenancy within the meaning of that Act.".

Transitory provision: Children (Scotland) Act 1995

10.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 76(11)(a) of the Children (Scotland) Act 1995 (exclusion orders)(12) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy".

Transitory provision: Town and Country Planning (Scotland) Act 1997

11.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 35(7) of the Town and Country Planning (Scotland) Act 1997 (notice etc. of applications to owners and agricultural tenants)(13) is to be read as if, in the definition of "agricultural land", for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy".

Transitory provision: Agricultural Holdings (Scotland) Act 2003

12.-(1) Until the coming into force of section 92 of the 2016 Act for all purposes, in the 2003 Act-

(a)section 10(1) (increase in rent: landlord's improvements)(14) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(b)section 11 (variation of rent by Land Court)(15) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(c)section 12(1)(b) (right of tenant to withhold rent)(16) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(d)section 13(1) (written leases and revision of certain leases)(17) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(e)section 14 (freedom of cropping and disposal of produce)(18) is to be read as if for ", modern limited duration tenancies and repairing tenancies" there were substituted "and modern limited duration tenancies";

(f)section 15 (permanent pasture)(19) is to be read as if for ", modern limited duration tenancies and repairing tenancies" there were substituted "and modern limited duration tenancies";

(g)section 19 (resumption and irritancy: supplementary)(20) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(h)section 21(1) (bequest of lease)(21) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(i)in section 22 (right of landlord to object to acquirer of tenancy)(22)-

(i)subsection (1) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy"; and

(ii)subsection (3) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(j)section 23 (effect of termination of tenancy where tenant deceased)(23) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(k)section 39 (use of land for non-agricultural purposes)(24) is to be read as if for subsection (1) there were substituted-

"(1) A-

(a)1991 Act tenancy,

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

(c)tenancy under a lease constituting a modern limited duration tenancy,

does not cease to be such a tenancy by reason only that the land is used for a non-agricultural purpose.";

(l)section 42 (tenant's right to timber)(25) is to be read as if for subsection (1) there were substituted-

"(1) The tenant under-

(a)a 1991 Act tenancy,

(b)a limited duration tenancy, or

(c)a modern limited duration tenancy,

has, for so long as the tenancy continues to have effect, the right to cut timber from any trees planted on the land by the tenant on or after the coming into force of this section; and any such timber belongs to the tenant.";

(m)section 70(1)(b) (rights of certain persons where tenant is a partnership)(26) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy";

(n)in section 77 (resolution of disputes by Land Court)(27)-

(i)subsection (2) is to be read as if for paragraph (a) there were substituted-

"(a)whether-

(i)a short limited duration tenancy,

(ii)a limited duration tenancy,

(iia)a modern limited duration tenancy, or

(iii)a tenancy to which section 3 applies,

exists or has been terminated;"; and

(ii)subsection (4) is to be read as if for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy"; and

(o)section 81(a) (clauses in leases as to resolution of disputes)(28) is to be read as if ", a repairing tenancy" were omitted.

(2) Until the coming into force of section 95(2) of the 2016 Act (repairing tenancies: fixed equipment)(29) for all purposes, in the 2003 Act-

(a)section 11 (variation of rent by Land Court)(30) is to be read as if for ", 16A or 16B" there were substituted "or 16A"; and

(b)in section 13 (written leases and the revision of certain leases)-

(i)subsection (1)(b)(ii)(31) is to be read as if for ", section 16A or, as the case may be, section 16B" there were substituted "or, as the case may be, section 16A";

(ii)subsection (2)(b)(32) is to be read as if for ", 16A or, as the case may be, 16B" there were substituted "or, as the case may be, 16A";

(iii)subsection (4)(a)(33) is to be read as if for ", section 16A or, as the case may be, section 16B" there were substituted " or, as the case may be, section 16A"; and

(iv)subsection (5)(34) is to be read as if for ", 16A or, as the case may be, 16B" there were substituted "or, as the case may be, 16A".

(3) Until the coming into force of section 96(2) of the 2016 Act (repairing tenancies: resumption of land by landlord)(35) for all purposes, section 19(a) of the 2003 Act (resumption and irritancy: supplementary)(36) is to be read as if "or 17A" were omitted.

(4) Until the coming into force of section 106(2) of the 2016 Act (assignation of repairing tenancies)(37), section 77(4) of the 2003 Act (resolution of disputes by Land Court)(38) is to be read as if ", 7D(1) or 7D(7)" were omitted.

Transitory provision: Antisocial Behaviour etc. (Scotland) Act 2004

13.  Until the coming into force of section 92 of the 2016 Act (repairing tenancies: creation) for all purposes, section 83(6)(f)(i) of the Antisocial Behaviour etc. (Scotland) Act 2004 (registration of certain landlords: application for registration)(39) is to be read as if for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy".

Transitory provision: Housing (Scotland) Act 2006

14.  Until the coming into force of section 92 of the 2016 Act for all purposes, section 12(1)(c) of the Housing (Scotland) Act 2006 (tenancies to which repairing standard duty applies)(40) is to be read as if for sub-paragraph (i) there were substituted-

"(i)on land comprised in a lease constituting-

(A)a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),

(B)a short limited duration tenancy (within the meaning of that Act),

(C)a limited duration tenancy (within the meaning of that Act), or

(D)a modern limited duration tenancy (within the meaning of that Act), and"."."

Amendment of the Agricultural Holdings (Modern Limited Duration Tenancies and Consequential etc. Provisions) (Scotland) Regulations 2017

5.  The Agricultural Holdings (Modern Limited Duration Tenancies and Consequential etc. Provisions) (Scotland) Regulations 2017(41) are amended in accordance with regulations 6 and 7.

6.  For paragraphs 2 and 3 of schedule 2 substitute-

"Transitory provision: The Rural Stewardship Scheme (Scotland) Regulations 2001

2.  Until the coming into force of section 92 of the 2016 Act (repairing tenancies: creation) for all purposes, regulation 2(1) of the Rural Stewardship Scheme (Scotland) Regulations 2001 (interpretation)(42) is to be read as if-

(a)in paragraph (b) of the definition of "landlord", for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy"; and

(b)in paragraph (b) of the definition of "tenant", for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy".

Transitory provision: The Organic Aid (Scotland) Regulations 2004

3.  Until the coming into force of section 92 of the 2016 Act for all purposes, regulation 2(1) of the Organic Aid (Scotland) Regulations 2004 (interpretation)(43) is to be read as if-

(a)in paragraph (b) of the definition of "landlord", for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy"; and

(b)in paragraph (b) of the definition of "tenant", for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy".".

7.  For paragraphs 5 and 6 of schedule 2 substitute-

"Transitory provision: The Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005

5.  Until the coming into force of section 92 of the 2016 Act for all purposes, regulation 2(1) of the Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005 (interpretation)(44) is to be read as if-

(a)in paragraph (b) of the definition of "landlord", for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy"; and

(b)in paragraph (b) of the definition of "tenant", for ", modern limited duration tenancy or repairing tenancy" there were substituted "or modern limited duration tenancy".

Transitory provision: The Scheduled Monument Consent Procedure (Scotland) Regulations 2015

6.  Until the coming into force of section 92 of the 2016 Act for all purposes, regulation 5(4) of the Scheduled Monument Consent Procedure (Scotland) Regulations 2015 (certificates and notices)(45) is to be read as if, in paragraph (b) of the definition of "agricultural tenant", for ", a modern limited duration tenancy or a repairing tenancy" there were substituted "or a modern limited duration tenancy".".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017 ("the first principal instrument") and the Agricultural Holdings (Modern Limited Duration Tenancies and Consequential etc. Provisions) (Scotland) Regulations 2017 ("the second principal instrument"). These Regulations come into force on 30th November 2017, which is the same day that the first principal instrument and the second principal instrument come into force.

Regulation 3 corrects the definition of "limited duration tenancy" in regulation 1(2) of the first principal instrument. Prior to this correction, the definition of "limited duration tenancy" incorrectly cross-referenced to the Land Reform (Scotland) Act 2016 ("the 2016 Act") whereas it should have cross-referenced to the Agricultural Holdings (Scotland) Act 2003.

The first principal instrument brings into force particular provisions of the 2016 Act relating to a new type of agricultural tenancy to be known as a "modern limited duration tenancy" ("MLDT"). Certain of those provisions being commenced insert references to MLDTs into various enactments, but also insert into those same enactments references to an another new type of agricultural tenancy to be known as a "repairing tenancy". The provisions of the 2016 Act relating to repairing tenancies are not yet in force. Therefore it is necessary to make provision on a transitory basis to require the references to repairing tenancies in those enactments to be read as if they were omitted until such time as the provisions of the 2016 Act relating to repairing tenancies come into force. Regulations 5 to 14 of the first principal instrument make such provision. Regulation 4 of these Regulations substitutes new provisions for regulations 5 to 14 of the first principal instrument.

Regulations 6 and 7 make similar provision in respect of paragraphs 2, 3, 5 and 6 of schedule 2 of the second principal instrument. Schedule 1 of the second principal instrument inserts references to MLDTs and repairing tenancies into various instruments in consequence of the provisions of the 2016 Act which are being brought into force by the first principal instrument. Paragraphs 2, 3, 5 and 6 of schedule 2 of the second principal instrument make provision on a transitory basis to require the references to repairing tenancies in those instruments being modified to be read as if they were omitted until such time as the provisions of the 2016 Act relating to repairing tenancies come into force. Regulations 6 and 7 of these Regulations substitute new provisions for regulations 2, 3, 5 and 6 of schedule 2 of the second principal instrument.