Agriculture Holdings (Amendment) (Scotland) Act 1983 (Repealed 25.9.1991)
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Change 1
4 Termination of tenancies acquired by succession.
(1) In section 26 of the 1949 Act (consents for purposes of section 25)— (a) in subsection (1) at the beginning, there shall be inserted the words “Except where section 26A(3) of this Act applies”; and (b) in subsection (5) after the word “may” there shall be inserted the words “, subject to section 26A(4) of this Act,”. (2) After section 26 of the 1949 Act there shall be inserted the following section— Termination of tenancies acquired by succession. 26A (1) This section and subsection (1) of section 25 of this Act shall apply where notice to quit is duly given to the tenant of an agricultural holding who is a near relative of the deceased tenant and has acquired right to the lease of the holding— (a) under section 16 of the Succession (Scotland) Act 1964 ; or (b) as a legatee, under section 20 of this Act. (2) For the purposes of this section, a notice is duly given if— (a) it complies with section 24 of this Act; (b) it specifies the Case set out in the Ninth Schedule to this Act under which it is given; and (c) it specifies as its effective date— (i) where, when the tenant acquired right to the lease, the unexpired period of the lease exceeded two years, the term of outgo stipulated in the lease ; (ii) where, when the tenant acquired right to the lease, the unexpired period was two years or less, the term of outgo stipulated in the lease or the corresponding date in any subsequent year, being a date not less than one nor more than three years after the said acquisition. (3) The Land Court shall consent to the operation of a notice duly given under this section- (a) where the holding was let before 1st January 1984, if they are satisfied that the circumstances are as specified in any Case in Part I of the said Ninth Schedule, (b) where the holding was let on or after that date and the notice specifies any of Cases 4, 5 or 7 in the said Schedule, unless the tenant satisfies them that the circumstances are not as specified in that Case (provided that, for the purposes of Case 7, the tenant shall not be required to prove that he is not the owner of any land) ; (c) where the holding was let on or after the said date, if they are satisfied that the circumstances are as specified in Case 6 in that Schedule; Provided that, where any of Cases 1, 2, 3, 6 or 7 in that Schedule applies, the Court shall withhold consent on that ground if it appears to them that a fair and reasonable landlord would not insist on possession. (4) Where consent is given because the circumstances are as specified in Case 2 or 6 of the Schedule, the Land Court shall impose such conditions as appear to them necessary to secure that holding to which the notice relates will, within two years after the termination of the tenancy, be amalgamated with the land specified in the notice; and section 30 of this Act shall, with any necessary modifications, apply to a condition imposed tinder this subsection as that section applies to a condition imposed under section 26 of this Act. (5) Part Ill of the said Schedule shall have effect for the purposes of interpretation of this section and that Schedule. . (3) After the Eighth Schedule to the 1949 Act there shall be inserted the Schedule set out in Schedule 1 to this Act which shall form the Ninth Schedule to that Act.
4 Termination of tenancies acquired by succession.
(1) In section 26 of the 1949 Act (consents for purposes of section 25)— (a) in subsection (1) at the beginning, there shall be inserted the words “Except where section 26A(3) of this Act applies”; and (b) in subsection (5) after the word “may” there shall be inserted the words “, subject to section 26A(4) of this Act,”. (2) After section 26 of the 1949 Act there shall be inserted the following section— Termination of tenancies acquired by succession. 26A (1) This section and subsection (1) of section 25 of this Act shall apply where notice to quit is duly given to the tenant of an agricultural holding who is a near relative of the deceased tenant and has acquired right to the lease of the holding— (a) under section 16 of the Succession (Scotland) Act 1964 ; or (b) as a legatee, under section 20 of this Act. (2) For the purposes of this section, a notice is duly given if— (a) it complies with section 24 of this Act; (b) it specifies the Case set out in the Ninth Schedule to this Act under which it is given; and (c) it specifies as its effective date— (i) where, when the tenant acquired right to the lease, the unexpired period of the lease exceeded two years, the term of outgo stipulated in the lease ; (ii) where, when the tenant acquired right to the lease, the unexpired period was two years or less, the term of outgo stipulated in the lease or the corresponding date in any subsequent year, being a date not less than one nor more than three years after the said acquisition. (3) The Land Court shall consent to the operation of a notice duly given under this section- (a) where the holding was let before 1st January 1984, if they are satisfied that the circumstances are as specified in any Case in Part I of the said Ninth Schedule, (b) where the holding was let on or after that date and the notice specifies any of Cases 4, 5 or 7 in the said Schedule, unless the tenant satisfies them that the circumstances are not as specified in that Case (provided that, for the purposes of Case 7, the tenant shall not be required to prove that he is not the owner of any land) ; (c) where the holding was let on or after the said date, if they are satisfied that the circumstances are as specified in Case 6 in that Schedule; Provided that, where any of Cases 1, 2, 3, 6 or 7 in that Schedule applies, the Court shall withhold consent on that ground if it appears to them that a fair and reasonable landlord would not insist on possession. (4) Where consent is given because the circumstances are as specified in Case 2 or 6 of the Schedule, the Land Court shall impose such conditions as appear to them necessary to secure that holding to which the notice relates will, within two years after the termination of the tenancy, be amalgamated with the land specified in the notice; and section 30 of this Act shall, with any necessary modifications, apply to a condition imposed tinder this subsection as that section applies to a condition imposed under section 26 of this Act. (5) Part Ill of the said Schedule shall have effect for the purposes of interpretation of this section and that Schedule. . (3) After the Eighth Schedule to the 1949 Act there shall be inserted the Schedule set out in Schedule 1 to this Act which shall form the Ninth Schedule to that Act.
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