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

(The document as of February, 2008)

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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.

2 If a person appointed arbiter dies, or is incapable of acting, or for 7 days after notice from either party requiring him to act fails to act, a new arbiter may be appointed as if no arbiter had been appointed.

3 Neither party shall have the power to revoke the appointment of the arbiter without the consent of the other party.

4 An appointment, notice, revocation and consent of a kind referred to in any of paragraphs 1 to 3 of this Schedule must be in writing.

Particulars of Claim

5 Each of the parties to the arbitration shall, within 28 days from the appointment of the arbiter, deliver to him a statement of that party's case with all necessary particulars; and--

(a) no amendment or addition to the statement or particulars delivered shall be allowed after the expiration of the said 28 days except with the consent of the arbiter;

(b) a party to the arbitration shall be confined at the hearing to the matters alleged in the statement and particulars so delivered and any amendment thereof or addition thereto duly made.

Evidence

6 The parties to the arbitration, and all persons claiming through them respectively, shall, subject to any legal objection--

(a) submit to be examined by the arbiter on oath or affirmation in relation to the matters in dispute; and

(b) produce before the arbiter;

all samples, books, deeds, papers, accounts, writings, and documents, within their possession or power respectively which may be required or called for, and do all other things which during the proceedings the arbiter may require.

7 The arbiter shall have power to administer oaths, and to take the affirmation of parties and witnesses appearing, and witnesses shall, if the arbiter thinks fit, be examined on oath or affirmation.

Award

8 The arbiter shall make and sign his award within 3 months of his appointment or within such longer period as may, either before or after the expiry of the aforesaid period be agreed to in writing by the parties, or be fixed by the Secretary of State.

9 The arbiter may, if he thinks fit, make an interim award for the payment of any sum on account of the sum to be finally awarded.

10 An arbiter appointed by the Secretary of State or the Land Court in an arbitration under section 13(1) of this Act shall, in making his award, state in writing his findings of fact and the reasons for his decision and shall make that statement available to the Secretary of State and to the parties.

11 The award and any statement made under paragraph 10 of this Schedule shall be in such form as may be specified by statutory instrument made by the Secretary of State.

12 The arbiter shall--

(a) state separately in his award the amounts awarded in respect of the several claims referred to him; and

(b) on the application of either party, specify the amount awarded in respect of any particular improvement or any particular matter which is the subject of the award.

13 Where by virtue of this Act compensation under an agreement is to be substituted for compensation under this Act for improvements, the arbiter shall award compensation in accordance with the agreement instead of in accordance with this Act.

14 The award shall fix a day not later than one month after delivery of the award for the payment of the money awarded as compensation, expenses or otherwise.

15 Subject to section 61(2) of this Act, the award shall be final and binding on the parties and the persons claiming under them respectively.

16 The arbiter may correct in an award any clerical mistake or error arising from any accidental slip or omission.

Expenses

17 The expenses of and incidental to the arbitration and award shall be in the discretion of the arbiter, who may direct to and by whom and in what manner those expenses or any part thereof are to be paid, and the expenses shall be subject to taxation by the auditor of the sheriff court on the application of either party, but that taxation shall be subject to review by the sheriff.

18 The arbiter shall, in awarding expenses, take into consideration the reasonableness or unreasonableness of the claim of either party whether in respect of amount or otherwise, and any unreasonable demand for particulars or refusal to supply particulars, and generally all the circumstances of the case, and may disallow the expenses of any witness whom he considers to have been called unnecessarily and any other expenses which he considers to have been incurred unnecessarily.

19 It shall not be lawful to include in the expenses of and incidental to the arbitration and award, or to charge against any of the parties, any sum payable in respect of remuneration or expenses to any person appointed by the arbiter to act as clerk or otherwise to assist him in the arbitration unless such appointment was made after submission of the claim and answers to the arbiter and with either the consent of the parties to the arbitration or the sanction of the sheriff.

Statement of Case

20 Subject to paragraph 22 of this Schedule, the arbiter may at any stage of the proceedings, and shall, if so directed by the sheriff (which direction may be given on the application of either party), state a case for the opinion of the sheriff on any question of law arising in the course of the arbitration.

21 Subject to paragraph 22 of this Schedule, the opinion of the sheriff on any case stated under the last foregoing paragraph shall be final unless, within such time and in accordance with such conditions as may be specified by act of sederunt, either party appeals to the Court of Session, from whose decision no appeal shall lie.

22 Where the arbiter in any arbitration under section 13(1) of this Act has been appointed by the Secretary of State or by the Land Court, paragraphs 20 and 21 of this Schedule shall not apply, and instead the arbiter may at any stage of the proceedings state a case (whether at the request of either party or on his own initiative) on any question of law arising in the course of the arbitration, for the opinion of the Land Court, whose decision shall be final.

Removal of Arbiter and Setting Aside of Award

23 Where an arbiter has misconducted himself the sheriff may remove him.

24 When an arbiter has misconducted himself, or an arbitration or award has been improperly procured, the sheriff may set the award aside.

Forms

25 Any forms for proceedings in arbitrations under this Act which may be specified by statutory instrument made by the Secretary of State shall, if used, be sufficient.

Section 57.

SCHEDULE 8 Supplementary Provisions with Respect to Payments Under Section 56

1 Subject to paragraph 4 of this Schedule, any dispute with respect to any sum which may be or become payable by virtue of section 56(1) of this Act shall be referred to and determined by the Lands Tribunal for Scotland.

2 If in any case the sum to be paid by virtue of the said section 56(1) to the tenant of an agricultural holding or to a statutory small tenant by an acquiring authority would, apart from this paragraph and paragraph 3 of this Schedule, fall to be ascertained in pursuance of section 54(2) of this Act by reference to the rent of the holding at a rate which was not--

(a) determined by arbitration under section 13 or 15 of this Act;

(b) determined by the Land Court in pursuance of section 61(2) of this Act; or

(c) in the case of a statutory small tenant, fixed by the Scottish Land Court in pursuance of section 32(7) and (8) of the 1911 Act;

and which the authority consider is unduly high, the authority may make an application to the Lands Tribunal for Scotland for the rent to be considered by the tribunal;

3 Where, on an application under paragraph 2 above, the tribunal are satisfied that--

(a) the rent to which the application relates is not substantially higher than the rent which in their opinion would be determined for the holding in question on a reference to arbitration duly made in pursuance of--

(i) section 13 of this Act; or

(ii) in the case of a statutory small tenancy, the equitable rent which in their opinion would be fixed by the Land Court under section 32 (7) and (8) of the 1911 Act;

(hereafter in this paragraph referred to as "the appropriate rent"); or

(b) the rent to which the application relates is substantially higher than the appropriate rent but was not fixed by the parties to the relevant lease with a view to increasing the amount of any compensation payable, or of any sum to be paid by virtue of section 56(1) of this Act, in consequence of the compulsory acquisition or taking of possession of any land included in the holding,

they shall dismiss the application; and if the tribunal do not dismiss the application in pursuance of the foregoing provisions of this paragraph they shall determine that, in the case to which the application relates, the sum to be paid by virtue of section 56(1) of this Act shall be ascertained in pursuance of the said section 13 by reference to the appropriate rent instead of by reference to the rent to which the application relates.

4 For the purposes of paragraph 3(a) above, section 13(1) of this Act shall have effect as if for the reference therein to the next ensuing day there were substituted a reference to the date of the application referred to in paragraph 3(a) above.

5 The enactments mentioned in paragraph 6 of this Schedule shall, subject to any necessary modifications, have effect in their application to such an acquiring of an interest or taking of possession as is referred in section 56(1) of this Act (hereafter in this paragraph referred to as "the relevant event")--

(a) in so far as those enactments make provision for the doing, before the relevant event, of any thing connected with compensation (including in particular provision for determining the amount of the liability to pay compensation or for the deposit of it in a Scottish bank or otherwise), as if references to compensation, except compensation for damage or injurious affection, included references to any sum which will become payable by virtue of section 56 of this Act in consequence of the relevant event; and

(b) subject to sub-paragraph (a) above, as if references to compensation (except compensation for damage or injurious affection) included references to sums payable or, as the context may require, to sums paid by virtue of section 56 of this Act in the consequence of the relevant event.

6 The enactments aforesaid are--

(a) sections 56 to 60, 62, 63 to 65, 67 to 70, 72, 74 to 79, 83 to 87, 114, 115 and 117 of the [1845 c. 19.] Lands Clauses (Scotland) Act 1845;

(b) paragraph 3 of Schedule 2 to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947;

(d) paragraph 4 of Schedule 6 to the [1968 c. 16.] New Towns (Scotland) Act 1968;

(e) any provision in any local or private Act, in any instrument having effect by virtue of an enactment, or in any order or scheme confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, corresponding to a provision mentioned in sub-paragraph (a), (b) or (d) above.

Section 70.

SCHEDULE 9 Valuation of Sheep Stock in Scotland in Respect of Old Leases

Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday

1 The Land Court or the arbiter (in Part I and Part II of this Schedule referred to as "the valuer") shall ascertain the number of, and the prices realised for, the ewes and the lambs sold off the hill from the stock under valuation at the autumn sales in each of the 3 preceding years, and shall determine by inspection the number of shotts present in the stock at that time of the valuation.

2 The valuer shall calculate an average price per ewe, and an average price per lamb, for the ewes and lambs sold as aforesaid for each of the 3 preceding years. In calculating the average price for any year the valuer shall disregard such number of ewes and lambs so sold in that year, being the ewes or lambs sold at the lowest prices, as bears the same proportion to the total number of ewes or lambs so sold in that year as the number of shotts as determined bears to the total number of ewes or lambs in the stock under valuation.

3 The valuer shall then ascertain the mean of the average prices so calculated for the 3 preceding years for ewes and for lambs, respectively. The figures so ascertained or ascertained, in a case to which paragraph 4 below applies, in accordance with that paragraph, are in this Part of this Schedule referred to as the "3-year average price for ewes" and the "3-year average price for lambs".

4 In the case of any sheep stock in which the number of ewes or the number of lambs sold off the hill at the autumn sales during the preceding 3 years has been less than half the total number of ewes or of lambs sold, the 3-year average price for ewes or the 3-year average price for lambs, as the case may be, shall, in lieu of being ascertained by the valuer as aforesaid, be determined by the Land Court on the application of the parties; and the Land Court shall determine such prices by reference to the prices realised at such sales for ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.

5 The 3-year average price for ewes shall be subject to adjustment by the valuer within the limits of 20 per cent (in the case of leases entered into before 15th May 1963, 50 pence) upwards or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes, and is in this Part of this Schedule referred to as the "basic ewe value".

The valuer shall similarly adjust the 3 year average price for lambs, and the resultant figure shall be the basis for the valuation of the lambs and is in this Part of this Schedule referred to as the "basic lamb value".

6 In making his award the valuer shall value the respective classes of stock in accordance with the following rules, that is to say--

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent (in the case of leases entered into before 15th May 1963, 75 pence) of such value per head;

(b) lambs shall be valued at the basic lamb value; so however that twin lambs shall be valued at such price as the valuer thinks proper;

(c) ewe hoggs shall be valued at two-thirds of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of 10 per cent (in the case of leases entered into before 15th May 1963, 25 pence) per head upwards or downwards as he may think proper, having regard to their quality and condition;

(d) tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance;

(e) eild sheep shall be valued at the value put upon the ewes subject to such adjustment as the valuer may think proper having regard to their quality and condition; and

(f) shotts shall be valued at such value not exceeding two-thirds of the value put upon good sheep of the like age and class on the farm as the valuer may think proper.

Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas

7 The valuer shall ascertain the number of, and the prices realised for, the ewes sold off the hill from the stock under valuation at the autumn sales in the current year and in each of the 2 preceding years, and shall calculate an average price per ewe so sold for each of the said years. In calculating the average price for any year the valuer shall disregard one-tenth of the total number of ewes so sold in that year being the ewes sold at the lowest price.

8 The mean of the average prices so calculated shall be subject to adjustment by the valuer within the limits of 10 per cent (in the case of leases entered into before 15th May 1963, 25 pence) upward or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes and is in this Part of this Schedule referred to as the "basic ewe value".

9 In making his award the valuer shall assess the respective classes of stock in accordance with the following rules, that is to say--

(b) ewe lambs shall be valued at the basic ewe value subject to adjustment by the valuer within the limits of 10 per cent (in the case of leases entered into before 15th May 1963, 25 pence) per head upwards or downwards as he may think proper having regard to their quality and condition; and

(c) tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance.

Part III Particulars to be Shown in an Arbiter's Award

10 The 3-year average price for ewes and the 3-year average price for lambs ascertained under Part I, or the mean of the average prices calculated under Part II, of this Schedule, as the case may be.

11 Any amount added or taken away by way of adjustment for the purpose of fixing the basic ewe value or the basic lamb value, and the grounds on which such adjustment was made.

12 The number of each class of stock valued (ewes and gimmers of all ages with lambs being taken as one class, and eild ewes and eild gimmers being taken as separate classes at a Whitsunday valuation, and ewes and gimmers of all ages being taken as one class at a Martinmas valuation) and the value placed on each class.

13 Any amount added to or taken away by way of adjustment in fixing the value of ewe hoggs at a Whitsunday valuation, or the value of ewe lambs at a Martinmas valuation, and the grounds on which such adjustment was made.

Part IV Interpretation

14 In this Schedule the expressions "ewe", "gimmer", "eild ewe", "eild gimmer", "lamb", "ewe hogg", "eild sheep" and "tup" shall be construed as meaning respectively sheep of the classes customarily known by those designations in the locality in which the flock under valuation is maintained.

Section 70.

SCHEDULE 10 Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986

Part I Valuation Made in Respect of a Tenancy Terminating at Whitsunday

1 The Land Court or the arbiter (in Part I and Part II of this Schedule referred to as "the valuer") shall ascertain the number of, and the prices realised for, the regular cast ewes and the lambs sold off the hill from the stock under valuation at the autumn sales in each of the 3 preceding years, and shall determine by inspection the number of shotts present in the stock at that time of the valuation.

2 The valuer shall calculate an average price per ewe, and an average price per lamb, for the regular cast ewes and lambs sold as aforesaid for each of the 3 preceding years. In calculating the average price for any year the valuer shall disregard such number of regular cast ewes and lambs so sold in that year, being the ewes or lambs sold at the lowest prices, as bears the same proportion to the total number of regular cast ewes or lambs so sold in that year as the number of shotts as determined bears to the total number of ewes or lambs in the stock under valuation.

3 The valuer shall then ascertain the mean of the average prices so calculated for the 3 preceding years for regular cast ewes and for lambs, respectively. The figures so ascertained or ascertained, in a case to which paragraph 4 below applies, in accordance with that paragraph, are in this Part of this Schedule referred to as the "3-year average price for regular cast ewes" and the "3-year average price for lambs".

4 In the case of any sheep stock in which the number of regular cast ewes or the number of lambs sold off the hill at the autumn sales during the preceding 3 years has been less than half the total number of regular cast ewes or of lambs sold, the 3-year average price for regular cast ewes or the 3-year average price for lambs, as the case may be shall, in lieu of being ascertained by the valuer as aforesaid, be determined by the Land Court on the application of the parties; and the Land Court shall determine such prices by reference to the prices realised at such sales for regular cast ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.

5 The 3-year average price for regular cast ewes shall be subject to adjustment by the valuer within the limits of 30 per cent upwards or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes, and is in this Part of this Schedule referred to as the "basic ewe value".

The valuer shall adjust the 3 year average price for lambs within the limits of 20 per cent upwards or downwards as he may think proper having regard to their quality and condition. The resultant figure shall be the basis for the valuation of the lambs and is in this Part of this Schedule referred to as the "basic lamb value".

6 In making his award the valuer shall value the respective classes of stock in accordance with the following rules, that is to say--

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent of such value per head;

(b) lambs shall be valued at the basic lamb value but twin lambs shall be valued at such price as the valuer thinks proper;

(c) ewe hoggs shall be valued at three quarters of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of 25 per cent per head upwards or downwards as he may think proper, having regard to their quality and condition;

(e) eild sheep shall be valued at the value put upon the ewes subject to such adjustment as the valuer may think proper having regard to their quality and condition; and

(f) shotts shall be valued at such value not exceeding two-thirds of the value put upon good sheep of the like age and class on the farm as the valuer may think proper.

Part II Valuation Made in Respect of a Tenancy Terminating at Martinmas

7 The valuer shall ascertain the number of, and the prices realised for, the regular cast ewes sold off the hill from the stock under valuation at the autumn sales in the current year and in each of the 2 preceding years, and shall calculate an average price per ewe so sold for each of the said years. In calculating the average price for any year the valuer shall disregard one-fifth of the total number of regular cast ewes so sold in that year being the ewes sold at the lowest price.

8 The mean of the average prices so calculated shall be subject to adjustment by the valuer within the limits of 30 per cent upward or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes and is in this Part of this Schedule referred to as the "basic ewe value".

9 In making his award the valuer shall assess the respective classes of stock in accordance with the following rules, that is to say--

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent of such value per head;

(b) ewe lambs shall be valued at the basic ewe value subject to adjustment by the valuer within the limits of 20 per cent per head upwards or downwards as he may think proper having regard to their quality and condition; and

Part III Particulars to be Shown in an Arbiter's Award

10 The 3-year average price for regular cast ewes and the 3-year average price for lambs ascertained under Part I, or the mean of the average prices calculated under Part II, of this Schedule, as the case may be.

11 Any amount added or taken away by way of adjustment for the purpose of fixing the basic ewe value or the basic lamb value, and the grounds on which such adjustment was made.

Part IV Interpretation

14 In this Schedule the expressions "regular cast ewes", "ewe", "gimmer", "eild ewe", "eild gimmer", "lamb", "ewe hogg", "eild sheep" and "tup" shall be construed as meaning respectively sheep of the classes customarily known by those designations in the locality in which the flock under valuation is maintained.

Section 88.

SCHEDULE 11 Consequential Amendments of Enactments

Hill Farming Act 1946 (c. 73)

1 In section 9, as substituted by the Seventh Schedule to the 1949 Act,--

(a) in subsection (1), for "Agricultural Holdings (Scotland) Act 1949" substitute "Agricultural Holdings (Scotland) Act 1991", referred to in subsections (2) and (4) below as "the 1991 Act";

(b) in subsections (2) and (4), for "the said Act of 1949" substitute "the 1991 Act";

(i) for "Part I or Part II of the First Schedule" substitute "Part I or II of Schedule 5";

(ii) in paragraph (a), for "section fifty of that Act" substitute "section 37 of the 1991 Act";

(iii) in paragraph (b), for "section fifty-one of that Act" substitute "section 38 of the 1991 Act";

(iv) in paragraph (b), for "section fifty-two of that Act" substitute "section 39 of the 1991 Act";

(v) for "the said section fifty or the said fifty-one" substitute "section 37 or 38 of the 1991 Act";

(d) in subsection (3), for "section eight of the Agricultural Holdings (Scotland) Act 1949" substitute "section 15 of the 1991 Act".

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

2 In section 21--

(a) in subsection (2) for "Subsection (1) of section twenty-five of the Agricultural Holdings (Scotland) Act 1949" substitute "section 22 of the Agricultural Holdings (Scotland) Act 1991", and for "section twenty-six of that Act" substitute "section 24 of that Act";

(b) in subsection (3) for "section twenty-five" in both places where it occurs substitute "section 22", and for "section twenty-six" substitute "section 24";

3 In section 22(4)(a), for "subsection (1) of section twenty five of the Agricultural Holdings (Scotland) Act 1949" substitute "section 22(1) of the Agricultural Holdings (Scotland) Act 1991".

4 In section 38(6)(a)(i), for "Agricultural Holdings (Scotland) Act 1949" substitute "Agricultural Holdings (Scotland) Act 1991".

Crofters (Scotland) Act 1955 (c. 21)

5 In section 14(10), for "Agricultural Holdings (Scotland) Act 1949" substitute "Agricultural Holdings (Scotland) Act 1991".

6 In section 37(1), in the definition of "fixed equipment", for "Agricultural Holdings (Scotland) Act 1949" substitute "Agricultural Holdings (Scotland) Act 1991".

7 In Schedule 2, paragraph 10, for "section 15 of the Agricultural Holdings (Scotland) Act 1949" substitute "section 52 of the Agricultural Holdings (Scotland) Act 1991".

Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)

8 In section 25(4), for the words from "the provisions" to "section eighteen" substitute "section 5(2), (3) and (5) of the Agricultural Holdings (Scotland) Act 1991 (liabilities of landlord and tenant of agricultural holding regarding fixed equipment) and section 10".

9 In section 25(5), for "section eight of the Agricultural Holdings (Scotland) Act 1949" substitute "section 15 of the Agricultural Holdings (Scotland) Act 1991".

10 In section 25(10), in the definition of "agricultural holding", "fixed equipment" and "landlord", for "the Agricultural Holdings (Scotland) Act, 1949" substitute "the Agricultural Holdings (Scotland) Act 1991".

Coal Mining (Subsidence) Act 1957 (c. 59)

11 In section 10(1)(a), for "Agricultural Holdings (Scotland) Act 1949" substitute "Agricultural Holdings (Scotland) Act 1991".

Opencast Coal Act 1958 (c. 69)

12 In section 14A--

(a) in subsection (3), for the words "Agricultural Holdings (Scotland) Act 1949 in this Act referred to as the Scottish Act of 1949" substitute "the Scottish Act of 1991";

(b) in subsection (4), for "the Scottish Act of 1949" substitute "the Scottish Act of 1991";

(d) in subsection (6)--

(i) for "section 25(2) of the Scottish Act of 1949" substitute "section 22(2) of the Scottish Act of 1991"; and

(ii) for "(c)" substitute "(b)";

(e) in subsection (7), for the words from "For the purposes" to "paragraph (e) of subsection (1)" substitute "The condition specified in section 24(1)(e) of the Scottish Act of 1991 (consent of Land Court to notice to quit where land to be used for purposes other than agriculture)";

(f) in subsection (8), for "section 7 of the Scottish Act of 1949" substitute "section 13 of the Scottish Act of 1991";

(g) in subsection (9), for "section 8 of the Scottish Act of 1949" substitute "section 15 of the Scottish Act of 1991".

13 For section 24(10) substitute--

" (10) In the application of this section to Scotland, for references--

(a) to the Act of 1986 and to sections 70 and 83(4) of that Act there shall be substituted respectively references to the Scottish Act of 1991 and to sections 44 and 62(3) of that Act;

(b) to subsections (1), (2) and (3) of section 69 of the Act of 1986 there shall be substituted respectively references to sections 34(5) and 35(4) and (5) of the Scottish Act of 1991 (as they apply to new improvements);

(c) to Parts I and II of Schedule 7 to the Act of 1986 and to the first day of March 1948 there shall be substituted respectively references to Parts I and II of Schedule 5 to the Scottish Act of 1991 and to the first day of November 1948; and

(d) to sub-paragraphs (1) and (2) of paragraph 5 of Part I of Schedule 9 to the 1986 Act there shall be substituted respectively references to sections 34(5) and 35(4) of the Scottish Act of 1991 (as they apply to old improvements). " .

14 For section 25(3) substitute--

" (3) In the application of this section to Scotland, for paragraphs (a) and (b) of subsection (1) above there shall be substituted the words "under section 45 of the Scottish Act of 1991 (which relates to compensation for deterioration of a holding or part thereof for which a tenant is responsible).". "

15 In section 26(6) after "Scotland" insert "(a)" and for the words from "in subsection (3)" to the end substitute--

" (b) in subsection (3) of this section for the reference to the Act of 1986 there shall be substituted a reference to the Scottish Act of 1991; and

(i) for the reference to section 91 of the Act of 1986 a reference to section 73 of the Scottish Act of 1991;

(ii) for the reference to Schedule 8 to the Act of 1986 a reference to Part III of Schedule 5 to the Scottish Act of 1991;

(iii) for the reference to Parts I, II and III of the Fourth Schedule to this Act a reference to Parts IV and V of that Schedule. " .

16 In section 27(4), for "section fourteen of the Scottish Act of 1949" substitute "section 18 of the Scottish Act of 1991".

17 In section 28(6)--

(a) for "to section sixty-five of the Scottish Act of 1949 and to paragraph (b) of subsection (1) of that section" substitute "section 40 of the Scottish Act of 1991 and to subsection (4)(a) of that section";

(b) for "to subsection (1) of section sixty-six of the Scottish Act of 1949 and to section 14 of that Act" substitute "to section 41(1) and to section 18 of the Scottish Act of 1991";

(c) for "to section seventy-nine of the Scottish Act of 1949 and to the Fourth Schedule to that Act" substitute "to section 73 of the Scottish Act of 1991 and to Schedule 6 thereto".

18 In section 52(2)--

(a) in the definition of "agricultural holding", for "1949" substitute "1991";

(b) for the definition of "the Scottish Act of 1949" substitute " "the Scottish Act of 1991" means the Agricultural Holdings (Scotland) Act 1991; " .

19 In section 52(5)(a)--

(a) for "the Scottish Act of 1949" where it first occurs substitute "the Scottish Act of 1991"; and

(b) for "sections fifty-seven and fifty-eight of the Scottish Act of 1949" substitute "section 45 of the Scottish Act of 1991".

20 In Schedule 6, paragraph 31, for "section 2(1) of the Scottish Act of 1949" substitute "section 2 of the Scottish Act of 1991".

21 For Schedule 7, paragraph 25(a) substitute--

" (a) for references--

(i) to the Act of 1986 and to sections 12, 13, 23 and 84 of that Act there shall be substituted respectively references to the Scottish Act of 1991 and to sections 13, 15, 10 and 61 of that Act;

(ii) to section 10 of the Act of 1986 and to subsections (3) and (4) of that section there shall be substituted respectively references to section 18 of the Scottish Act of 1991 and to subsections (2) and (3) of that section; and

(iii) to subsection (3) of section 79 of the Act of 1986 there shall be substituted references to section 40(4)(a) of the Scottish Act of 1991. " .

Horticulture Act 1960 (c. 22)

22 In section 1(1)(b), for "Agricultural Holdings (Scotland) Act 1949" substitute "Agricultural Holdings (Scotland) Act 1991".

Crofters (Scotland) Act 1961 (c. 58)

23 In section 13(1), for "the Agricultural Holdings (Scotland) Act 1949" substitute "the Agricultural Holdings (Scotland) Act 1991".

Succession (Scotland) Act 1964 (c. 41)

24 In section 16--

(a) in subsections (2)(c) and (3)(b)(i), for "section 20 of the Act of 1949" substitute "section 11 of the 1991 Act";

(b) in subsection (6)(b), for "section 27(2) of the Act of 1949" substitute "section 23(2) and (3) of the 1991 Act" and for "section 25(2)(f)" substitute "section 22(2)(e)";

(c) in subsection (8), for "subsections (2) to (7) of section 20 of the Act of 1949" substitute "section 11(2) to (8) of the 1991 Act";

(d) in subsection 9--

(i) in the definition of "agricultural lease", for "the Act of 1949" substitute "the 1991 Act";

(ii) for the definition of "the Act of 1949" substitute ""the 1991 Act" means the Agricultural Holdings (Scotland) Act 1991;".

25 In section 29(2), for "section 20 of the Agricultural Holdings (Scotland) Act 1949" substitute "section 11 of the Agricultural Holdings (Scotland) Act 1991".

Agriculture Act 1967 (c. 22)

26 In section 26(1), for "the Agricultural Holdings (Scotland) Act 1949" substitute "the Agricultural Holdings (Scotland) Act 1991".

27 In section 27(5B), for "the Agricultural Holdings (Scotland) Act 1949" substitute "the Agricultural Holdings (Scotland) Act 1991".

28 In section 28(1)(a), for "section 35 of the Agricultural Holdings (Scotland) Act 1949" substitute "section 43 of the Agricultural Holdings (Scotland) Act 1991".

29 In section 29--

(a) in subsection (3)(a), for "section 35 of the Agricultural Holdings (Scotland) Act 1949" substitute "section 43 of the Agricultural Holdings (Scotland) Act 1991"; and

(b) in subsection (4), for "section 25(1) of the Agricultural Holdings (Scotland) Act 1949" substitute "section 22(1) of the Agricultural Holdings (Scotland) Act 1991".

30 In section 48(2)(a), for "section 35 of the Agricultural Holdings (Scotland) Act 1949" substitute "section 43 of the Agricultural Holdings (Scotland) Act 1991".

31 In Schedule 3, paragraph 7(5)--

(a) for "sections 75 and 77 of the Agricultural Holdings (Scotland) Act 1949" substitute "sections 61 and 64 of the Agricultural Holdings (Scotland) Act 1991"; and

(b) for "sections 78 and 87(2)" substitute "sections 60(2) and 80(2)".

Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)

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