Agricultural Holdings (Scotland) Act 1991 (c. 55)

(The document as of February, 2008)

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(b) relating to an arbitration concerning the holding,

shall have effect with the substitution for every reference to "the Secretary of State" of a reference to "the Land Court", and any provision referred to in paragraph (a) above which provides for an appeal to an arbiter from the decision of the Secretary of State shall not apply.

81 Expenses and receipts

(1) All expenses incurred by the Secretary of State under this Act shall be paid out of moneys provided by Parliament.

(2) All sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

82 Powers of entry and inspection

(1) Any person authorised by the Secretary of State in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, any of the powers conferred on the Secretary of State by this Act are to be exercised in relation to the land, or whether, and if so in what manner, any direction given under any such power has been complied with.

(2) Any person authorised by the Secretary of State who proposes to exercise any power of entry or inspection conferred by this Act shall, if so required, produce some duly authenticated document showing his authority to exercise the power.

(3) Admission to any land used for residential purposes shall not be demanded as of right in the exercise of any such power unless 24 hours notice of the intended entry has been given to the occupier of the land.

(4) Save as provided by subsection (3) above, admission to any land shall not be demanded as of right in the exercise of any such power unless notice has been given to the occupier of the land that it is proposed to enter during a period, specified in the notice, not exceeding 14 days and beginning at least 24 hours after the giving of the notice and the entry is made on the land during the period specified in the notice.

(5) Any person who obstructs a person authorised by the Secretary of State exercising any such power shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Land Court

83 Proceedings of the Land Court

The provisions of the Small Landholders (Scotland) Acts 1886 to 1931 relating to the Land Court shall apply, with any necessary modifications, for the purposes of the determination by the Land Court of any matter referred to them under this Act, as they apply for the purposes of the determination of matters referred to them under those Acts.

Service of notices

84 Service of notices, etc.

(1) Any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him, or left at his proper address, or sent to him by registered post or recorded delivery.

(2) Any such document required or authorised to be given to or served on an incorporated company or body shall be duly given or served if it is delivered to or sent by registered post or recorded delivery to the registered office of the company or body.

(3) For the purposes of this section and of section 7 of the [1978 c. 30.] Interpretation Act 1978, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.

(4) Unless or until the tenant of an agricultural holding shall have received notice that the person previously entitled to receive the rents and profits of the holding (hereinafter referred to as "the original landlord") has ceased to be so entitled, and also notice of the name and address of the person who has become so entitled, any notice or other document served on or delivered to the original landlord by the tenant shall be deemed to have been served on or delivered to the landlord of the holding.

Interpretation

85 Interpretation

(1) In this Act, unless the context otherwise requires--

"the 1911 Act" means the [1911 c. 49.] Small Landholders (Scotland) Act 1911;
"the 1949 Act" means the [1949 c. 75.] Agricultural Holdings (Scotland) Act 1949;
"agricultural holding" (except in sections 68 to 72 of this Act) and "agricultural land" have the meanings assigned to them by section 1 of this Act;
"agricultural unit" means land which is an agricultural unit for the purposes of the [1948 c. 45.] Agriculture (Scotland) Act 1948;
"agriculture" includes horticulture, fruit growing; seed growing; dairy farming; livestock breeding and keeping; the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds; and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes: and "agricultural" shall be construed accordingly;
"building" includes any part of a building;
"fixed equipment" includes any building or structure affixed to land and any works on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or of produce thereof, or amenity, and, without prejudice to the foregoing generality, includes the following things, that is to say--
(a)
all permanent buildings, including farm houses and farm cottages, necessary for the proper conduct of the agricultural holding;
(b)
all permanent fences, including hedges, stone dykes, gate posts and gates;
(c)
all ditches, open drains and tile drains, conduits and culverts, ponds, sluices, flood banks and main water courses;
(d)
stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding;
(e)
farm access or service roads, bridges and fords;
(f)
water and sewerage systems;
(g)
electrical installations including generating plant, fixed motors, wiring systems, switches and plug sockets;
(h)
shelter belts,

and references to fixed equipment on land shall be construed accordingly;
"improvement" shall be construed in accordance with section 33 of this Act, and "new improvement", "old improvement", "1923 Act improvement" and "1931 Act improvement" have the meanings there assigned to them;
"Land Court" means the Scottish Land Court;
"Lands Tribunal" means the Lands Tribunal for Scotland;
"landlord" means any person for the time being entitled to receive the rents and profits or to take possession of an agricultural holding, and includes the executor, assignee, legatee, disponee, guardian, curator bonis, tutor, or permanent or interim trustee (within the meaning of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985), of a landlord;
"lease" means a letting of land for a term of years, or for lives, or for lives and years, or from year to year;
"livestock" includes any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land;
"market garden" means a holding, cultivated, wholly or mainly, for the purpose of the trade or business of market gardening;
"prescribed" means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
"produce" includes anything (whether live or dead) produced in the course of agriculture;
"tenant" means the holder of land under a lease of an agricultural holding and includes the executor, assignee, legatee, disponee, guardian, tutor, curator bonis, 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 by reason of effluxion of time or from any other cause;

(2) Schedules 5 and 6 to the [1948 c. 45.] Agriculture (Scotland) Act 1948, (which have effect respectively for the purpose of determining for the purposes of that Act whether the owner of agricultural land is fulfilling his responsibilities to manage it in accordance with the rules of good estate management and whether the occupier of such land is fulfilling his responsibilities to farm it in accordance with the rules of good husbandry) shall have effect for the purposes of this Act as they have effect for the purposes of that Act.

(3) References in this Act to the farming of land include references to the carrying on in relation to the land of any agricultural activity.

(4) References to the terms, conditions, or requirements of a lease of or of an agreement relating to, an agricultural holding shall be construed as including references to any obligations, conditions or liabilities implied by the custom of the country in respect of the holding.

(5) Anything which by or under this Act is required or authorised to be done by, to or in respect of the landlord or the tenant of an agricultural holding may be done by, to or in respect of any agent of the landlord or of the tenant.

86 Construction of references in other Acts to holdings as defined by earlier Acts

References, in whatever terms, in any enactment, other than an enactment contained in--

this Act,
the Agricultural Holdings (Scotland) Acts 1923 and 1931, or,
Part I of the [1948 c. 45.] Agriculture (Scotland) Act 1948

to a holding within the meaning of the Agricultural Holdings (Scotland) Act 1923 or of the Agricultural Holdings (Scotland) Acts 1923 to 1948 shall be construed as references to an agricultural holding within the meaning of this Act.

87 Savings

Schedule 12 to this Act, which exempts from the operation of this Act certain cases current at the commencement of this Act and contains other transitional provisions and savings shall have effect.

Consequential amendments and repeals

88 Consequential amendments and repeals

(1) The enactments specified in Schedule 11 to this Act shall be amended in accordance with that Schedule.

(2) The enactments specified in Schedule 13 to this Act are repealed to the extent there specified.

Citation, commencement and extent

89 Citation, commencement and extent

(1) This Act may be cited as the Agricultural Holdings (Scotland) Act 1991.

(2) This Act shall come into force at the end of the period of 2 months beginning with the date on which it is passed.

(3) This Act shall extend to Scotland only, except for those provisions in Schedule 11 which amend enactments which extend to England and Wales or to Northern Ireland.

SCHEDULES

Section 4.

SCHEDULE 1 Provisions Required in Leases

1 The names of the parties.

2 Particulars of the holding with sufficient description, by reference to a map or plan, of the fields and other parcels of land comprised therein to identify the extent of the holding.

3 The term or terms for which the holding or different parts thereof is or are agreed to be let.

4 The rent and the dates on which it is payable.

5 An undertaking by the landlord in the event of damage by fire to any building comprised in the holding to reinstate or replace the building if its reinstatement or replacement is required for the fulfilment of his responsibilities to manage the holding in accordance with the rules of good estate management, and (except where the interest of the landlord is held for the purposes of a government department or a person representing Her Majesty under section 79 of this Act is deemed to be the landlord, or where the landlord has made provision approved by the Secretary of State for defraying the cost of any such reinstatement or replacement) an undertaking by the landlord to insure to their full value all such buildings against damage by fire.

6 An undertaking by the tenant, in the event of the destruction by fire of harvested crops grown on the holding for consumption thereon, to return to the holding the full equivalent manurial value of the crops destroyed, in so far as the return thereof is required for the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry, and (except where the interest of the tenant is held for the purposes of a government department or where the tenant has made provision approved by the Secretary of State in lieu of such insurance) an undertaking by the tenant to insure to their full value all dead stock on the holding and all such harvested crops against damage by fire.

Section 25.

SCHEDULE 2 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies

Part I Grounds For Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984

Case 1

The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency.

Case 2

(a) The holding or any agricultural unit of which it forms part is not a two-man unit;

(b) the landlord intends to use the holding for the purpose of effecting an amalgamation within 2 years after the termination of the tenancy; and

Case 3

The tenant is the occupier (either as owner or tenant) of agricultural land which--

(a) is a two-man unit;

(b) is distinct from the holding and from any agricultural unit of which the holding forms part; and

(c) has been occupied by him since before the death of the person from whom he acquired right to the lease of the holding;

and the notice specifies the agricultural land.

Part II Grounds for Consent to Operation of Notice to Quit a Tenancy Let on or After 1 January 1984

Case 4

The tenant does not have sufficient financial resources to enable him to farm the holding with reasonable efficiency.

Case 5

The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency:

Provided that this Case shall not apply where the tenant has been engaged, throughout the period from the date of death of the person from whom he acquired right to the lease, in a course of relevant training in agriculture which he is expected to complete satisfactorily within 4 years from the said date, and has made arrangements to secure that the holding will be farmed with reasonable efficiency until he completes that course.

Case 6

(a) The holding or any agricultural unit of which it forms part is not a two-man unit;

(b) the landlord intends to use the holding for the purpose of effecting an amalgamation within 2 years after the termination of the tenancy; and

Case 7

The tenant is the occupier (either as owner or tenant) of agricultural land which--

(a) is a two-man unit;

(b) is distinct from the holding; and

and the notice specifies the land.

Part III Supplementary

1 For the purposes of section 25 of this Act and this Schedule--

"amalgamation" means a transaction for securing that agricultural land which is comprised in a holding to which a notice to quit relates and which together with other agricultural land could form an agricultural unit, shall be owned and occupied in conjunction with that other land (and cognate expressions shall be construed accordingly);
"near relative" in relation to a deceased tenant of an agricultural holding means a surviving spouse or child of that tenant, including a child adopted by him in pursuance of an adoption order (as defined in section 23(5) of the [1964 c. 41.] Succession (Scotland) Act 1964); and
"two-man unit" means an agricultural unit which in the opinion of the Land Court is capable of providing full-time employment for an individual occupying it and at least one other man.

2 For the purposes of determining whether land is a two-man unit, in assessing the capability of the unit of providing employment it shall be assumed that the unit is farmed under reasonably skilled management, that a system of husbandry suitable for the district is followed and that the greater part of the feeding stuffs required by any livestock kept on the unit is grown there.

3 For the purposes of Case 7 of this Schedule, occupation of agricultural land--

(a) by a company which is controlled by the tenant shall be treated as occupation by the tenant; and

(b) by a Scottish partnership shall, notwithstanding section 4(2) of the [1890 c. 39.] Partnership Act 1890, be treated as occupation by each of its partners.

Section 33.

SCHEDULE 3 1923 Act Improvements For Which Compensation May Be Payable

Part I Improvements For Which Consents Required

1 Erection, alteration, or enlargement of buildings.

2 Formation of silos.

3 Laying down of permanent pasture.

4 Making and planting of osier beds.

5 Making of water meadows or works of irrigation.

6 Making of gardens.

7 Making or improvement of roads or bridges.

8 Making or improvement of watercourses, ponds, wells, or reservoirs, or of works for the application of water power or for supply of water for agricultural or domestic purposes.

9 Making or removal of permanent fences.

10 Planting of hops.

11 Planting of orchards or fruit bushes.

12 Protecting young fruit trees.

13 Reclaiming of waste land.

14 Warping or weiring of land.

15 Embankments and sluices against floods.

16 Erection of wirework in hop gardens.

17 Provision of permanent sheep dipping accommodation.

18 In the case of arable land, the removal of bracken, gorse, tree roots, boulders, or other like obstructions to cultivation.

Part II Improvements For Which Notice Required

19 Drainage.

Part III Improvements For Which No Consents Or Notice Required

20 Chalking of land.

21 Clay-burning.

22 Claying of land or spreading blaes upon land.

23 Liming of land.

24 Marling of land.

25 Application to land of purchased artificial or other manure.

26 Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn, cake, or other feeding stuff not produced on the holding.

27 Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn proved by satisfactory evidence to have been produced and consumed on the holding.

28 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than 2 years prior to the termination of the tenancy, in so far as the value of the temporary pasture on the holding at the time of quitting exceeds the value of the temporary pasture on the holding at the commencement of the tenancy for which the tenant did not pay compensation.

29 Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute.

Section 33.

SCHEDULE 4 1931 Act Improvements For Which Compensation May Be Payable

Part I Improvements For Which Consent Required

1 Erection, alteration, or enlargement of buildings.

2 Laying down of permanent pasture.

3 Making and planting of osier beds.

4 Making of water meadows or works of irrigation.

5 Making of gardens.

6 Planting of orchards or fruit bushes.

7 Protecting young fruit trees.

8 Warping or weiring of land.

9 Making of embankments and sluices against floods.

Part II Improvements Of Which Notice Required

10 Drainage.

11 Formation of silos.

12 Making or improvement of roads or bridges.

13 Making or improvement of watercourses, ponds or wells, or of works for the application of water power or for the supply of water for agricultural or domestic purposes.

14 Making or removal of permanent fences.

15 Reclaiming of waste land.

16 Repairing or renewal of embankments and sluices against floods.

17 Provision of sheep dipping accommodation.

18 Provision of electrical equipment other than moveable fittings and appliances.

Part III Improvements For Which No Consent Or Notice Required

19 Chalking of land.

20 Clay-burning.

21 Claying of land or spreading blaes upon land.

22 Liming of land.

23 Marling of land.

24 Eradication of bracken, whins, or gorse growing on the holding at the commencement of a tenancy and in the case of arable land the removal of tree roots, boulders, stones or other like obstacles to cultivation.

25 Application to land of purchased artificial or other manure.

26 Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn, cake, or other feeding stuff not produced on the holding.

29 Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute.

Section 33.

SCHEDULE 5 New Improvements For Which Compensation May Be Payable

Part I Improvements For Which Consent Is Required

1 Laying down of permanent pasture.

2 Making of water-meadows or works of irrigation.

3 Making of gardens.

4 Planting of orchards or fruit bushes.

5 Warping or weiring of land.

6 Making of embankments and sluices against floods.

7 Making or planting of osier beds.

8 Haulage or other work done by the tenant in aid of the carrying out of any improvement made by the landlord for which the tenant is liable to pay increased rent.

Part II Improvements For Which Notice Is Required

9 Land drainage.

10 Construction of silos.

11 Making or improvement of farm access or service roads, bridges and fords.

12 Making or improvement of watercourses, ponds or wells, or of works for the application of water power for agricultural or domestic purposes or for the supply of water for such purposes.

13 Making or removal of permanent fences, including hedges, stone dykes and gates.

14 Reclaiming of waste land.

15 Renewal of embankments and sluices against floods.

16 Provision of stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding.

17 Provision or laying on of electric light or power, including the provision of generating plant, fixed motors, wiring systems, switches and plug sockets.

18 Erection, alteration or enlargement of buildings, making or improvement of permanent yards, loading banks and stocks and works of a kind referred to in paragraph 13(2) of Schedule 8 to the [1987 c. 26.] Housing (Scotland) Act 1987 (subject to the restrictions mentioned in that subsection).

19 Erection of hay or sheaf sheds, sheaf or grain drying racks, and implement sheds.

20 Provision of fixed threshing mills, barn machinery and fixed dairying plant.

21 Improvement of permanent pasture by cultivation and re-seeding.

22 Provision of means of sewage disposal.

23 Repairs to fixed equipment, being equipment reasonably required for the efficient farming of the holding, other than repairs which the tenant is under an obligation to carry out.

Part III Improvements For Which No Consent Or Notice Required

24 Protecting fruit trees against animals.

25 Clay burning.

26 Claying of land.

27 Liming (including chalking) of land.

28 Marling of land.

29 Eradication of bracken, whins or broom growing on the holding at the commencement of the tenancy and, in the case of arable land, removal of tree roots, boulders, stones or other like obstacles to cultivation.

30 Application to land of purchased manure and fertiliser, whether organic or inorganic.

31 Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuff not produced on the holding by horses, cattle, sheep, pigs or poultry.

32 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than 2 years prior to the termination of the tenancy, in so far as the value of the temporary pasture on the holding at the time of quitting exceeds the value of the temporary pasture on the holding at the commencement of the tenancy for which the tenant did not pay compensation.

Section 40.

SCHEDULE 6 Market Garden Improvements

1 Planting of fruit trees or bushes permanently set out.

2 Planting of strawberry plants.

3 Planting of asparagus, rhubarb, and other vegetable crops which continue productive for 2 or more years.

4 Erection, alteration or enlargement of buildings for the purpose of the trade or business of a market gardener.

Section 61.

SCHEDULE 7 Arbitrations

Appointment of Arbiters

1 A person agreed upon between the parties or, in default of agreement, appointed on the application in writing of either of the parties by the Secretary of State from among the members of the panel constituted under this Act for the purpose, shall be appointed arbiter.

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