UK Act of Parliament 1991 Scotland

Agricultural Holdings (Scotland) Act 1991

An Act to consolidate the Agricultural Holdings (Scotland) Act 1949 and other enactments relating to agricultural holdings in Scotland.

Enforcement
No single statutory enforcer
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 1 of 43 obligations carry a fine up to £500. 42 have no criminal penalty — flagged in the list below.

Private agricultural tenancy law between landlord and tenant; disputes resolved by the Scottish Land Court. No business-facing enforcement regulator.

Does it bind you?

Business-side roles with duties under this instrument.

Landlord16 Any Person13 Occupier2 Employer1

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Landlord — also bound by 224 other Acts
Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Employer — also bound by 682 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Agricultural Holdings

1 of 3 sections shown
s.003 Leases to be continued by tacit relocation. (opens in a new tab) Regulated
  • Ensure agricultural leases are terminated via formal noticeLandlord
2 other sections in this Part — procedural and definitional
Part 2

Terms of Leases and Variations Thereof

8 of 29 sections shown
s.005 Fixed equipment and insurance premiums. (opens in a new tab) Regulated
  • You must repair, provide and renew fixed equipment on the holdingLandlord
s.006 Sums recovered under fire insurance policy. (opens in a new tab) Regulated
  • Use fire insurance payouts to rebuild or repair farm buildingsLandlord
s.010 Assignation of tenancy Regulated
  • Give written notice to landlord before assigning an agricultural tenancyAny Person
s.012 Transfer of lease on intestacy (opens in a new tab) Regulated
  • Notify the landlord if you inherit an agricultural leaseAny Person
s.014 Landlord improvement notices Regulated
  • Give tenants written notice before carrying out landlord improvementsLandlord
s.014 Notice of dates of improvement Regulated
  • Give tenant written notice of improvement dates before starting workLandlord
s.017 Prohibition of removal of manure, etc., after notice to quit,etc.. (opens in a new tab) Regulated
  • Do not remove manure or produce after notice to quit is givenLandlord
s.018 Tenant’s right to remove fixtures and buildings. (opens in a new tab) Regulated
  • Notify the landlord and clear debts before removing fixtures or buildingsEmployer
21 other sections in this Part — procedural and definitional
s.012 Landlord's objection to legatee or acquirer on intestacy: near relative
s.012 Landlord's objection to legatee or acquirer on intestacy: other persons
s.012 Landlord's objection to legatee or acquirer on intestacy: supplementary provision
s.014 Objection by tenant
s.014 Referral to Land Court
s.014 Improvement by landlord without notice etc.
s.014 Emergency improvements
s.015 Tenant’s right to withhold rent
s.016 Leases not terminated on grounds of non-residence
Part 3

Relinquishing and assignation of holdings

9 of 23 sections shown
s.032 Tenant's offer to relinquish tenancy Regulated
  • Notify your landlord and the Commissioner if you wish to quit your tenancyLandlord
s.032 Appointment of valuer by Tenant Farming Commissioner Regulated
Other duties (1) — Crown / regulator
  • Tenant Farming Commissioner must appoint a valuer for tenancy relinquishmentStatutory regulator
s.032 Valuer's expenses Regulated
  • Pay the expenses of the valuer appointed for land assessmentOccupier
s.032 Assessment of value of land etc. Regulated
  • Valuer must assess land value and compensation for agricultural relinquishmentAny Person
s.032 Valuation: further provision Regulated
  • Valuer must invite representations and may inspect land during assessmentAny Person
s.032 Notice of assessment Regulated
  • Valuer must issue notice of assessment to landlord and tenantAny Person
s.032 Landlord's acceptance of notice of intention to relinquish Regulated
  • Landlords must notify tenant and pay compensation to accept relinquishmentLandlord
s.032 Notice of declinature Regulated
  • Send copy of notice of declinature to Commissioner and valuerLandlord
s.032 Withdrawal of notice of acceptance Regulated
  • Send copy of withdrawal notice to Tenant Farming CommissionerLandlord
14 other sections in this Part — procedural and definitional
s.032 Application of Part
s.032 New entrants to farming and persons progressing in farming
s.032 Form and content of notice of intention to relinquish
s.032 Restrictions on serving notice of intention to relinquish
s.032 Restriction on notice to quit etc. where notice of intention to relinquish served
s.032 Objection to valuer appointed by Tenant Farming Commissioner
s.032 Compensation payable by landlord to tenant
s.032 Appeal to Lands Tribunal against valuer's assessment
s.032 Referral of certain matters by Lands Tribunal to Land Court
s.032 Withdrawal of notice of intention to relinquish
s.032 Consequences of landlord paying compensation to tenant
s.032 Assignation where landlord does not accept notice of intention to relinquish
s.032 Application of section 10A to assignation under this Part
s.032 Interpretation of Part
Part 3

Notice to Quit and Notice of Intention to Quit

2 of 13 sections shown
Part 4

Compensation for Improvements

1 of 9 sections shown
Part 5

Other Provisions Regarding Compensation

1 of 15 sections shown
Part 6

Additional Payments

0 of 6 sections shown
Part 7

Arbitration and Other Proceedings

1 of 15 sections shown
Part 8

Miscellaneous

0 of 6 sections shown
Part 9

Supplementary

1 of 11 sections shown
Schedules

Schedules

19 of 255 shown
s.001 Provisions Required in Leases (opens in a new tab) Regulated
  • Include mandatory terms and insurance clauses in agricultural leasesLandlord
s.sch001 An undertaking by the landlord in the event of damage... Regulated
  • Landlord must insure farm buildings against fire and reinstate if neededLandlord
s.sch001a Rent Review Regulated
Other duties (1) — Crown / regulator
  • Land Court must determine fair rent on rent review referralTribunal / Court
s.sch001a (1) Residential accommodation on an agricultural holding is surplus to... Regulated
Other duties (1) — Crown / regulator
  • Land Court must determine surplus residential accommodation for rent reviewTribunal / Court
s.sch001a (1) A rent review notice must be dated and state... Regulated
  • Landlords/tenants: serve proper rent review notices with full details and timingsLandlord
s.sch004 Eradication of bracken, whins, or gorse growing on the holding... Regulated
  • Clear invasive weeds and cultivation obstacles from your holdingOccupier
s.sch008 Where, on an application under paragraph 2 above, the tribunal... Regulated
Other duties (1) — Crown / regulator
  • Tribunal must dismiss or adjust compensation on rent disputeTribunal / Court
s.sch009 The Land Court or, by virtue of section 61(1) of... Regulated
Other duties (1) — Crown / regulator
  • Valuer must determine stock value from sale prices and shotts countTribunal / Court
s.sch009 The valuer shall calculate an average price per ewe, and... Regulated
  • Valuer must calculate average prices per ewe and lamb using prescribed methodAny Person
s.sch009 In making his award the valuer shall value the respective... Regulated
Other duties (1) — Crown / regulator
  • Valuer must value sheep stock using prescribed valuation rulesTribunal / Court
s.sch009 The valuer shall ascertain the number of, and the prices... Regulated
  • Valuer must calculate average ewe price by disregarding lowest 10% of salesAny Person
s.sch009 In making his award the valuer shall assess the respective... Regulated
  • Valuer must assess sheep stock using statutory valuation rulesAny Person
s.sch010 The Land Court or, by virtue of section 61(1) of... Regulated
Other duties (1) — Crown / regulator
  • Land Court must determine open-market rent on applicationTribunal / Court
s.sch010 The valuer shall then ascertain the mean of the average... Regulated
  • Valuer must calculate 3-year average prices for cast ewes and lambsAny Person
s.sch010 The 3-year average price for regular cast ewes shall be... Regulated
  • Valuer must adjust average ewe and lamb prices within set limitsAny Person
s.sch010 In making his award the valuer shall value the respective... Regulated
Other duties (1) — Crown / regulator
  • Valuer must value sheep stock according to specific rulesTribunal / Court
s.sch010 The valuer shall ascertain the number of, and the prices... Regulated
Other duties (1) — Crown / regulator
  • Valuer must calculate average cast ewe sales price from 3 years of autumn dataTribunal / Court
s.sch010 The mean of the average prices so calculated shall be... Regulated
  • Valuer must adjust ewe average price by up to 30% to determine basic ewe valueAny Person
s.sch010 In making his award the valuer shall assess the respective... Regulated
Other duties (1) — Crown / regulator
  • Valuer must assess stock classes using statutory valuation rulesTribunal / Court
236 other schedules
s.sch001 The names of the parties.
s.sch001 Particulars of the holding with sufficient description, by reference to...
s.sch001 The term or terms for which the holding or different...
s.sch001 The rent and the dates on which it is payable....
s.sch001 An undertaking by the tenant, in the event of the...
s.sch001a (1) The landlord of an agricultural holding to which this...
s.sch001a For the purposes of paragraphs 7(4) and 10(4)(a)(ii), the “...
s.sch001a (1) This paragraph applies where the Land Court determines under...
s.sch001a In this schedule— “ open market rent ” has the...
s.sch001a (1) A rent review notice may not be served under...
s.sch001a (1) This paragraph applies where— (a) a rent review notice...
s.sch001a A rent review notice ceases to have effect on the...
s.sch001a (1) This paragraph applies where— (a) a rent review notice...
s.sch001a (1) This paragraph applies where a landlord or a tenant...
s.sch001a The rent agreed between the landlord and the tenant or,...
s.sch001a (1) The Scottish Ministers may by regulations make provision for...
s.sch002 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
s.sch002 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
s.sch002 Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
s.sch003 Erection, alteration, or enlargement of buildings.
s.sch003 Planting of hops.
s.sch003 Planting of orchards or fruit bushes.
s.sch003 Protecting young fruit trees.
s.sch003 Reclaiming of waste land.
s.sch003 Warping or weiring of land.
s.sch003 Embankments and sluices against floods.
s.sch003 Erection of wirework in hop gardens.
s.sch003 Provision of permanent sheep dipping accommodation.
s.sch003 In the case of arable land, the removal of bracken,...
s.sch003 Drainage.
s.sch003 Formation of silos.
s.sch003 Chalking of land.
s.sch003 Clay-burning.
s.sch003 Claying of land or spreading blaes upon land.
s.sch003 Liming of land.
s.sch003 Marling of land.
s.sch003 Application to land of purchased artificial or other manure.
s.sch003 Consumption on the holding by cattle, sheep, or pigs, or...
s.sch003 Consumption on the holding by cattle, sheep, or pigs, or...
s.sch003 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
s.sch003 Repairs to buildings, being buildings necessary for the proper cultivation...
s.sch003 Laying down of permanent pasture.
s.sch003 Making and planting of osier beds.
s.sch003 Making of water meadows or works of irrigation.
s.sch003 Making of gardens.
s.sch003 Making or improvement of roads or bridges.
s.sch003 Making or improvement of watercourses, ponds, wells, or reservoirs, or...
s.sch003 Making or removal of permanent fences.
s.sch004 Erection, alteration, or enlargement of buildings.
s.sch004 Drainage.
s.sch004 Formation of silos.
s.sch004 Making or improvement of roads or bridges.
s.sch004 Making or improvement of watercourses, ponds or wells, or of...
s.sch004 Making or removal of permanent fences.
s.sch004 Reclaiming of waste land.
s.sch004 Repairing or renewal of embankments and sluices against floods.
s.sch004 Provision of sheep dipping accommodation.
s.sch004 Provision of electrical equipment other than moveable fittings and appliances....
s.sch004 Chalking of land.
s.sch004 Laying down of permanent pasture.
s.sch004 Clay-burning.
s.sch004 Claying of land or spreading blaes upon land.
s.sch004 Liming of land.
s.sch004 Marling of land.
s.sch004 Application to land of purchased artificial or other manure.
s.sch004 Consumption on the holding by cattle, sheep, or pigs, or...
s.sch004 Consumption on the holding by cattle, sheep, or pigs, or...
s.sch004 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
s.sch004 Repairs to buildings, being buildings necessary for the proper cultivation...
s.sch004 Making and planting of osier beds.
s.sch004 Making of water meadows or works of irrigation.
s.sch004 Making of gardens.
s.sch004 Planting of orchards or fruit bushes.
s.sch004 Protecting young fruit trees.
s.sch004 Warping or weiring of land.
s.sch004 Making of embankments and sluices against floods.
s.sch005 Laying down of permanent pasture.
s.sch005 Construction of silos.
s.sch005 Making or improvement of farm access or service roads, bridges...
s.sch005 Making or improvement of watercourses, ponds or wells, or of...
s.sch005 Making or removal of permanent fences, including hedges, stone dykes...
s.sch005 Reclaiming of waste land.
s.sch005 Renewal of embankments and sluices against floods.
s.sch005 Provision of stells, fanks, folds, dippers, pens and bughts necessary...
s.sch005 Installation, provision, distribution or storage of electricity, gas, power, heat...
s.sch005 Erection, alteration or enlargement of buildings, making or improvement of...
s.sch005 Erection of hay or sheaf sheds, sheaf or grain drying...
s.sch005 Making of water-meadows or works of irrigation.
s.sch005 Provision of fixed threshing mills, barn machinery and fixed dairying...
s.sch005 Improvement of permanent pasture by cultivation and re-seeding.
s.sch005 Provision of means of sewage, waste or pollutant disposal, or...
s.sch005 Repairs to fixed equipment, being equipment reasonably required for the...
s.sch005 Erection of structures for the management or storage of slurries...
s.sch005 Provision of means of storing silage.
s.sch005 Works to dwellings.
s.sch005 Protecting fruit trees against animals.
s.sch005 Clay burning.
s.sch005 Claying of land.
s.sch005 Liming (including chalking) of land.
s.sch005 Marling of land.
s.sch005 Eradication of bracken, whins or broom growing on the holding...
s.sch005 Removal of tree roots, boulders, stones or other similar obstacles...
s.sch005 Making of gardens.
s.sch005 Application to land of soil improvers, conditioners, digestates, manure or...
s.sch005 Consumption on the holding of corn (whether produced on the...
s.sch005 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
s.sch005 Planting of orchards or fruit bushes.
s.sch005 Warping or weiring of land.
s.sch005 Making of embankments and sluices against floods.
s.sch005 Making or planting of osier beds.
s.sch005 Haulage or other work done by the tenant in aid...
s.sch005 Land drainage.
s.sch006 Planting of fruit trees or bushes permanently set out.
s.sch006 Planting of strawberry plants.
s.sch006 Planting of asparagus, rhubarb, and other vegetable crops which continue...
s.sch006 Erection, alteration or enlargement of buildings for the purpose of...
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch007 Arbitrations
s.sch008 Subject to paragraph 4 of this Schedule, any dispute with...
s.sch008 If in any case the sum to be paid by...
s.sch008 For the purposes of paragraph 3(a) above, section 13(1) of...
s.sch008 The enactments mentioned in paragraph 6 of this Schedule shall,...
s.sch008 The enactments aforesaid are— (a) sections 56 to 60, 62,...
s.sch009 The 3-year average price for ewes and the 3-year average...
s.sch009 Any amount added or taken away by way of adjustment...
s.sch009 The number of each class of stock valued (ewes and...
s.sch009 Any amount added to or taken away by way of...
s.sch009 In this Schedule the expressions “ewe”, “gimmer”, “eild ewe”, “eild...
s.sch009 The valuer shall then ascertain the mean of the average...
s.sch009 In the case of any sheep stock in which the...
s.sch009 The 3-year average price for ewes shall be subject to...
s.sch009 The mean of the average prices so calculated shall be...
s.sch010 The 3-year average price for regular cast ewes and the...
s.sch010 Any amount added or taken away by way of adjustment...
s.sch010 The number of each class of stock valued (ewes and...
s.sch010 Any amount added to or taken away by way of...
s.sch010 In this Schedule the expressions “regular cast ewes”, “ewe”, “gimmer”,...
s.sch010 The valuer shall calculate an average price per ewe, and...
s.sch010 In the case of any sheep stock in which the...
s.sch011 In section 9, as substituted by the Seventh Schedule to...
s.sch011 In section 25(10), in the definition of “agricultural holding”, “fixed...
s.sch011 In section 10(1)(a), for “Agricultural Holdings (Scotland) Act 1949” substitute...
s.sch011 In section 14A— (a) in subsection (3), for the words...
s.sch011 For section 24(10) substitute— (10) In the application of this...
s.sch011 For section 25(3) substitute— (3) In the application of this...
s.sch011 In section 26(6) after “Scotland” insert “ (a) ” and...
s.sch011 In section 27(4), for “section fourteen of the Scottish Act...
s.sch011 In section 28(6)— (a) for “to section sixty-five of the...
s.sch011 In section 52(2)— (a) in the definition of “agricultural holding”,...
s.sch011 In section 52(5)(a)— (a) for “the Scottish Act of 1949”...
s.sch011 In section 21— (a) in subsection (2) for “Subsection (1)...
s.sch011 In Schedule 6, paragraph 31, for “section 2(1) of the...
s.sch011 For Schedule 7, paragraph 25(a) substitute— (a) for references—
s.sch011 Consequential Amendments of Enactments
s.sch011 In section 13(1), for “the Agricultural Holdings (Scotland) Act 1949”...
s.sch011 I.n section 16— (a) in subsections (2)(c) and (3)(b)(i), for...
s.sch011 In section 29(2), for “section 20 of the Agricultural Holdings...
s.sch011 In section 26(1), for “the Agricultural Holdings (Scotland) Act 1949”...
s.sch011 In section 27(5B), for “the Agricultural Holdings (Scotland) Act 1949”...
s.sch011 In section 28(1)(a), for “section 35 of the Agricultural Holdings...
s.sch011 In section 29— (a) in subsection (3)(a), for “section 35...
s.sch011 In section 22(4)(a), for “subsection (1) of section twenty five...
s.sch011 In section 48(2)(a), for “section 35 of the Agricultural Holdings...
s.sch011 In Schedule 3, paragraph 7(5)— (a) for “sections 75 and...
s.sch011 In Schedule 1 in paragraph 5(a), for “Agricultural Holdings (Scotland)...
s.sch011 In section 31(3)(c) for “Agricultural Holdings (Scotland) Act 1949” substitute...
s.sch011 In section 44— (a) in subsection (2)(a)(i) for “section 25(2)(c)...
s.sch011 In section 52— (a) in subsection (3)(d) for “Agricultural Holdings...
s.sch011 In section 55— (a) for subsection (1)(b) substitute—
s.sch011 In section 80(1), in the definitions of “agricultural holding” and...
s.sch011 In section 8(5)(a), for “Agricultural Holdings (Scotland) Act 1949” substitute...
s.sch011 In section 31B(2)(a), for the words “an absolute owner (within...
s.sch011 In section 38(6)(a)(i), for “Agricultural Holdings (Scotland) Act 1949” substitute...
s.sch011 In section 13(8), in the definition of “agricultural holding”, for...
s.sch011 For section 25(1)(iii) substitute— (iii) the Agricultural Holdings (Scotland) Act...
s.sch011 In section 7(2), in the definition of “agricultural holding”, for...
s.sch011 In section 14(a) for “the Agricultural Holdings (Scotland) Act 1949”...
s.sch011 In section 16— (a) in subsection (2), for “section 7...
s.sch011 In section 18(6) for the words from “the absolute owner”...
s.sch011 In section 19(4) for “the Crofters (Scotland) Act 1955” substitute...
s.sch011 After section 23 insert— In this Act— “the 1886 Act” means the Crofters Holdings...
s.sch011 In Schedule 2, paragraph 1(1)— (a) in the definition of...
s.sch011 In Schedule 2, paragraph 3(1)(b), for “section 20 of the...
s.sch011 In section 14(10), for “Agricultural Holdings (Scotland) Act 1949” substitute...
s.sch011 In Schedule 2, paragraph 7— (a) in sub-paragraph (2), for...
s.sch011 In Schedule 2, paragraph 10(1)— (a) in sub-paragraph (a), for...
s.sch011 In Schedule 2, paragraph 11— (a) in sub-paragraph (1)(a), for...
s.sch011 In Schedule 2, for paragraph 12 substitute— “ Sections 65...
s.sch011 Consequential Amendments of Enactments
s.sch011 In section 338(1), in the definition of “agricultural holding”, for...
s.sch011 In Schedule 8, Part IV, paragraph 13—
s.sch011 In Schedule 4 in paragraph 6(a), for “Agricultural Holdings (Scotland)...
s.sch011 In section 37(1), in the definition of “fixed equipment”, for...
s.sch011 In Schedule 2, paragraph 10, for “section 15 of the...
s.sch011 In section 25(4), for the words from “the provisions” to...
s.sch011 In section 25(5), for “section eight of the Agricultural Holdings...
s.sch012 The repeal by this Act of an enactment which repealed...
s.sch012 (1) Where an enactment contained in this Act repeals and...
s.sch012 Nothing in this Act shall affect any provision of the...
s.sch012 Section 21 of the Reserve and Auxilary Forces (Protection of...
s.sch012 Notwithstanding section 16 of the Interpretation Act 1978, rights to...
1 other provision
s.para.381 Note: The following abbreviations are used in this Table—

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