What regulations apply to my farm?
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UK Act of Parliament
1991
Scotland
Agricultural Holdings (Scotland) Act 1991
At a glance
What's here
36 compliance obligations, 1 practical guide · 1 journey
Penalty landscape
1 of 36 obligations carry a fine up to £500. 35 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Landlord 14
- Any Person 13
- Employer 1
- Occupier 1
Plus 7 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Landlords also bound by 216 other Acts (top 5 shown)
- Renting Homes (Wales) Act 2016 2016 74 duties
- Housing Act 1985 1985 53 duties
- Housing Act 1996 1996 30 duties
- The Service Charges (Consultation Requirements) (England) Regulations 2003 2003 27 duties
- The Service Charges (Consultation Requirements) (Wales) Regulations 2004 2004 26 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Agricultural Holdings
Leases to be continued by tacit relocation.
- Ensure agricultural leases are terminated via formal notice Landlord
Browse 2 other sections in this Part — procedural / definitional / commencement
Part II — Terms of Leases and Variations Thereof
Sums recovered under fire insurance policy.
- Use fire insurance payouts to rebuild or repair farm buildings Landlord
Assignation of tenancy
- Give written notice to landlord before assigning an agricultural tenancy Any Person
Transfer of lease on intestacy
- Notify the landlord if you inherit an agricultural lease Any Person
Landlord improvement notices
- Give tenants written notice before carrying out landlord improvements Landlord
Notice of dates of improvement
- Give tenant written notice of improvement dates before starting work Landlord
Prohibition of removal of manure, etc., after notice to quit,etc..
- Do not remove manure or produce after notice to quit is given Landlord
Tenant’s right to remove fixtures and buildings.
- Notify the landlord and clear debts before removing fixtures or buildings Employer
Browse 22 other sections in this Part — procedural / definitional / commencement
Written leases and the revision of certain leases.
Fixed equipment and insurance premiums.
Freedom of cropping and disposal of produce.
Record of condition, etc. , of holding.
Arbitration as to permanent pasture.
Power of landlord to enter on holding.
Bequest of lease.
Landlord's objection to legatee or acquirer on intestacy: near relative
Landlord's objection to legatee or acquirer on intestacy: other persons
Landlord's objection to legatee or acquirer on intestacy: supplementary provision
Rent review
Determination by the Land Court under sections 4 and 5
Objection by tenant
Referral to Land Court
Improvement by landlord without notice etc.
Emergency improvements
Increase of rent for certain improvements by landlord.
Tenant’s right to withhold rent
Leases not terminated by variation of terms, etc..
Leases not terminated on grounds of non-residence
Payment for implements, etc., sold on quitting holding.
Removal of tenant for non-payment of rent.
Part 3A — Relinquishing and assignation of holdings
Tenant's offer to relinquish tenancy
- Notify your landlord and the Commissioner if you wish to quit your tenancy Landlord
Appointment of valuer by Tenant Farming Commissioner
Other duties (1) — Crown / regulator
- Tenant Farming Commissioner must appoint a valuer for tenancy relinquishment Statutory regulator
Valuer's expenses
- Pay the expenses of the valuer appointed for land assessment Occupier
Assessment of value of land etc.
- Valuer must assess land value and compensation for agricultural relinquishment Any Person
Valuation: further provision
- Valuer must invite representations and may inspect land during assessment Any Person
Notice of assessment
- Valuer must issue notice of assessment to landlord and tenant Any Person
Landlord's acceptance of notice of intention to relinquish
- Landlords must notify tenant and pay compensation to accept relinquishment Landlord
Notice of declinature
- Send copy of notice of declinature to Commissioner and valuer Landlord
Withdrawal of notice of acceptance
- Send copy of withdrawal notice to Tenant Farming Commissioner Landlord
Browse 14 other sections in this Part — procedural / definitional / commencement
Application of Part
New entrants to farming and persons progressing in farming
Form and content of notice of intention to relinquish
Restrictions on serving notice of intention to relinquish
Restriction on notice to quit etc. where notice of intention to relinquish served
Objection to valuer appointed by Tenant Farming Commissioner
Compensation payable by landlord to tenant
Appeal to Lands Tribunal against valuer's assessment
Referral of certain matters by Lands Tribunal to Land Court
Withdrawal of notice of intention to relinquish
Consequences of landlord paying compensation to tenant
Assignation where landlord does not accept notice of intention to relinquish
Application of section 10A to assignation under this Part
Interpretation of Part
Part III — Notice to Quit and Notice of Intention to Quit
Effect on notice to quit of sale of holding.
- Notify tenant of sale contract after giving notice to quit Landlord
Reduction of rent where tenant dispossessed of part of holding.
Other duties (1) — Crown / regulator
- Land Court must determine rent reduction if land is taken back Tribunal / Court
Browse 11 other sections in this Part — procedural / definitional / commencement
Notice to quit and notice of intention to quit.
Restrictions on operation of notices to quit.
Consent by Land Court or arbitration on notices to quit.
Consents for purposes of section 22.
Termination of tenancies acquired by succession.
Certificates of bad husbandry.
Penalty for breach of condition.
Notice to quit part of holding to be valid in certain cases.
Holding to be restored in certain circumstances
Tenant’s right to treat notice to quit part as notice to quit entire holding.
Further restrictions on operation of certain notices to quit.
Part IV — Compensation for Improvements
Browse 9 other sections in this Part — procedural / definitional / commencement
Improvements.
Agreements as to compensation for improvements
Right to compensation for improvements.
Amnesty under the Land Reform (Scotland) Act 2016
Payment of compensation by incoming tenant.
Amount of compensation under this Part.
Consents necessary for compensation for some improvements.
Notice required of certain improvements.
Compensation for Sch. 5, Pt. II , improvements conditional on approval of Land Court in certain cases.
Part V — Other Provisions Regarding Compensation
Compensation for disturbance.
- Pay compensation to tenants when terminating an agricultural tenancy Landlord
Browse 14 other sections in this Part — procedural / definitional / commencement
Market gardens.
Direction by Land Court that holding be treated as market garden.
Agreements as to compensation relating to market gardens.
Compensation for continuous adoption of special standard of farming.
Compensation to landlord for deterioration etc. of holding.
Compensation arising as a result of diversification and cropping of trees
Compensation for failure to repair or maintain fixed equipment.
Provisions supplementary to ss. 45 and 46.
Landlord not to have right to penal rent or liquidated damages.
Compensation provisions to apply to parts of holdings in certain cases.
Determination of claims for compensation where holding is divided.
Compensation not to be payable for things done in compliance with this Act.
Compensation for damage by game.
Extent to which compensation recoverable under agreements.
Part VI — Additional Payments
Browse 6 other sections in this Part — procedural / definitional / commencement
Additional payments to tenants quitting holdings.
Provisions supplementary to s. 54.
Additional payments in consequence of compulsory acquisition etc. of agricultural holdings.
Provisions supplementary to s. 56.
Effect of early resumption clauses on compensation.
Interpretation etc. of Part VI.
Part VII — Arbitration and Other Proceedings
Statement of sales of stock.
- Submit sheep stock sales records before valuation Any Person
Browse 14 other sections in this Part — procedural / definitional / commencement
Resolution of disputes by Land Court
Agreement to refer matters to arbitration
Arbitration: procedure etc.
Clauses in leases as to resolution of disputes
Claims on termination of tenancy.
Panel of arbiters, and remuneration of arbiter.
Appointment of arbiter in cases where Secretary of State is a party.
Recovery of compensation and other sums due.
Power to enable demand to remedy a breach to be modified on arbitration.
Prohibition of appeal to sheriff principal.
Sheep stock valuation.
Submission of questions of law for decision of sheriff.
Determination by Land Court of questions as to value of sheep stock.
Interpretation of sections 68 to 71.
Part VIII — Miscellaneous
Browse 6 other sections in this Part — procedural / definitional / commencement
Power of Secretary of State to vary Schedules 5 and 6.
Power of limited owners to give consents, etc..
Power of tenant and landlord to obtain charge on holding.
Power of land improvement companies to advance money.
Appointment of guardian to landlord or tenant.
Validity of consents, etc..
Part IX — Supplementary
Powers of entry and inspection.
Fine up to £500- Obstruct entry or inspection by authorised agricultural official Any Person
Browse 10 other sections in this Part — procedural / definitional / commencement
Application to Crown land.
Determination of matters where Secretary of State is landlord or tenant.
Expenses and receipts.
Proceedings of the Land Court.
Service of notices, etc..
Interpretation.
Construction of references in other Acts to holdings as defined by earlier Acts.
Savings.
Consequential amendments and repeals.
Citation, commencement and extent.
Schedules
Provisions Required in Leases
- Include mandatory terms and insurance clauses in agricultural leases Landlord
An undertaking by the landlord in the event of damage...
- Landlord must insure farm buildings against fire and reinstate if needed Landlord
(1) Residential accommodation on an agricultural holding is surplus to...
Other duties (1) — Crown / regulator
- Land Court must determine surplus residential accommodation for rent review Tribunal / Court
(1) A rent review notice must be dated and state...
- Landlords/tenants: serve proper rent review notices with full details and timings Landlord
The valuer shall calculate an average price per ewe, and...
- Valuer must calculate average prices per ewe and lamb using prescribed method Any Person
In making his award the valuer shall value the respective...
Other duties (1) — Crown / regulator
- Valuer must value sheep stock using prescribed valuation rules Tribunal / Court
The valuer shall ascertain the number of, and the prices...
- Valuer must calculate average ewe price by disregarding lowest 10% of sales Any Person
In making his award the valuer shall assess the respective...
- Valuer must assess sheep stock using statutory valuation rules Any Person
The valuer shall then ascertain the mean of the average...
- Valuer must calculate 3-year average prices for cast ewes and lambs Any Person
The 3-year average price for regular cast ewes shall be...
- Valuer must adjust average ewe and lamb prices within set limits Any Person
In making his award the valuer shall value the respective...
Other duties (1) — Crown / regulator
- Valuer must value sheep stock according to specific rules Tribunal / Court
The valuer shall ascertain the number of, and the prices...
Other duties (1) — Crown / regulator
- Valuer must calculate average cast ewe sales price from 3 years of autumn data Tribunal / Court
The mean of the average prices so calculated shall be...
- Valuer must adjust ewe average price by up to 30% to determine basic ewe value Any Person
In making his award the valuer shall assess the respective...
Other duties (1) — Crown / regulator
- Valuer must assess stock classes using statutory valuation rules Tribunal / Court
Browse 241 other Schedules — structural / supplementary
Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
New Improvements For Which Compensation May Be Payable
Arbitrations
Valuation of Sheep Stock in Scotland in Respect of Old Leases
TRANSITIONALS AND SAVINGS
The names of the parties.
Particulars of the holding with sufficient description, by reference to...
The term or terms for which the holding or different...
The rent and the dates on which it is payable....
An undertaking by the tenant, in the event of the...
Rent Review
(1) The landlord of an agricultural holding to which this...
For the purposes of paragraphs 7(4) and 10(4)(a)(ii), the “...
(1) This paragraph applies where the Land Court determines under...
In this schedule— “ open market rent ” has the...
(1) A rent review notice may not be served under...
(1) This paragraph applies where— (a) a rent review notice...
A rent review notice ceases to have effect on the...
(1) This paragraph applies where— (a) a rent review notice...
(1) This paragraph applies where a landlord or a tenant...
The rent agreed between the landlord and the tenant or,...
(1) The Scottish Ministers may by regulations make provision for...
Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
Grounds for Consent to Operation of Notices to Quit a Tenancy Where Section 25(3) Applies
1923 Act Improvements For Which Compensation May Be Payable
Erection, alteration, or enlargement of buildings.
Planting of hops.
Planting of orchards or fruit bushes.
Protecting young fruit trees.
Reclaiming of waste land.
Warping or weiring of land.
Embankments and sluices against floods.
Erection of wirework in hop gardens.
Provision of permanent sheep dipping accommodation.
In the case of arable land, the removal of bracken,...
Drainage.
Formation of silos.
Chalking of land.
Clay-burning.
Claying of land or spreading blaes upon land.
Liming of land.
Marling of land.
Application to land of purchased artificial or other manure.
Consumption on the holding by cattle, sheep, or pigs, or...
Consumption on the holding by cattle, sheep, or pigs, or...
Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
Repairs to buildings, being buildings necessary for the proper cultivation...
Laying down of permanent pasture.
Making and planting of osier beds.
Making of water meadows or works of irrigation.
Making of gardens.
Making or improvement of roads or bridges.
Making or improvement of watercourses, ponds, wells, or reservoirs, or...
Making or removal of permanent fences.
1931 Act Improvements For Which Compensation May Be Payable
Erection, alteration, or enlargement of buildings.
Drainage.
Formation of silos.
Making or improvement of roads or bridges.
Making or improvement of watercourses, ponds or wells, or of...
Making or removal of permanent fences.
Reclaiming of waste land.
Repairing or renewal of embankments and sluices against floods.
Provision of sheep dipping accommodation.
Provision of electrical equipment other than moveable fittings and appliances....
Chalking of land.
Laying down of permanent pasture.
Clay-burning.
Claying of land or spreading blaes upon land.
Liming of land.
Marling of land.
Eradication of bracken, whins, or gorse growing on the holding...
Application to land of purchased artificial or other manure.
Consumption on the holding by cattle, sheep, or pigs, or...
Consumption on the holding by cattle, sheep, or pigs, or...
Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
Repairs to buildings, being buildings necessary for the proper cultivation...
Making and planting of osier beds.
Making of water meadows or works of irrigation.
Making of gardens.
Planting of orchards or fruit bushes.
Protecting young fruit trees.
Warping or weiring of land.
Making of embankments and sluices against floods.
Laying down of permanent pasture.
Construction of silos.
Making or improvement of farm access or service roads, bridges...
Making or improvement of watercourses, ponds or wells, or of...
Making or removal of permanent fences, including hedges, stone dykes...
Reclaiming of waste land.
Renewal of embankments and sluices against floods.
Provision of stells, fanks, folds, dippers, pens and bughts necessary...
Installation, provision, distribution or storage of electricity, gas, power, heat...
Erection, alteration or enlargement of buildings, making or improvement of...
Erection of hay or sheaf sheds, sheaf or grain drying...
Making of water-meadows or works of irrigation.
Provision of fixed threshing mills, barn machinery and fixed dairying...
Improvement of permanent pasture by cultivation and re-seeding.
Provision of means of sewage, waste or pollutant disposal, or...
Repairs to fixed equipment, being equipment reasonably required for the...
Erection of structures for the management or storage of slurries...
Provision of means of storing silage.
Works to dwellings.
Protecting fruit trees against animals.
Clay burning.
Claying of land.
Liming (including chalking) of land.
Marling of land.
Eradication of bracken, whins or broom growing on the holding...
Removal of tree roots, boulders, stones or other similar obstacles...
Making of gardens.
Application to land of soil improvers, conditioners, digestates, manure or...
Consumption on the holding of corn (whether produced on the...
Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...
Planting of orchards or fruit bushes.
Warping or weiring of land.
Making of embankments and sluices against floods.
Making or planting of osier beds.
Haulage or other work done by the tenant in aid...
Land drainage.
Market Garden Improvements
Planting of fruit trees or bushes permanently set out.
Planting of strawberry plants.
Planting of asparagus, rhubarb, and other vegetable crops which continue...
Erection, alteration or enlargement of buildings for the purpose of...
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Arbitrations
Supplementary Provisions with Respect to Payments Under Section 56
Subject to paragraph 4 of this Schedule, any dispute with...
If in any case the sum to be paid by...
Where, on an application under paragraph 2 above, the tribunal...
For the purposes of paragraph 3(a) above, section 13(1) of...
The enactments mentioned in paragraph 6 of this Schedule shall,...
The enactments aforesaid are— (a) sections 56 to 60, 62,...
The Land Court or, by virtue of section 61(1) of...
The 3-year average price for ewes and the 3-year average...
Any amount added or taken away by way of adjustment...
The number of each class of stock valued (ewes and...
Any amount added to or taken away by way of...
In this Schedule the expressions “ewe”, “gimmer”, “eild ewe”, “eild...
The valuer shall then ascertain the mean of the average...
In the case of any sheep stock in which the...
The 3-year average price for ewes shall be subject to...
The mean of the average prices so calculated shall be...
Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986
The Land Court or, by virtue of section 61(1) of...
The 3-year average price for regular cast ewes and the...
Any amount added or taken away by way of adjustment...
The number of each class of stock valued (ewes and...
Any amount added to or taken away by way of...
In this Schedule the expressions “regular cast ewes”, “ewe”, “gimmer”,...
The valuer shall calculate an average price per ewe, and...
In the case of any sheep stock in which the...
Consequential Amendments of Enactments
In section 9, as substituted by the Seventh Schedule to...
In section 25(10), in the definition of “agricultural holding”, “fixed...
In section 10(1)(a), for “Agricultural Holdings (Scotland) Act 1949” substitute...
In section 14A— (a) in subsection (3), for the words...
For section 24(10) substitute— (10) In the application of this...
For section 25(3) substitute— (3) In the application of this...
In section 26(6) after “Scotland” insert “ (a) ” and...
In section 27(4), for “section fourteen of the Scottish Act...
In section 28(6)— (a) for “to section sixty-five of the...
In section 52(2)— (a) in the definition of “agricultural holding”,...
In section 52(5)(a)— (a) for “the Scottish Act of 1949”...
In section 21— (a) in subsection (2) for “Subsection (1)...
In Schedule 6, paragraph 31, for “section 2(1) of the...
For Schedule 7, paragraph 25(a) substitute— (a) for references—
Consequential Amendments of Enactments
In section 13(1), for “the Agricultural Holdings (Scotland) Act 1949”...
I.n section 16— (a) in subsections (2)(c) and (3)(b)(i), for...
In section 29(2), for “section 20 of the Agricultural Holdings...
In section 26(1), for “the Agricultural Holdings (Scotland) Act 1949”...
In section 27(5B), for “the Agricultural Holdings (Scotland) Act 1949”...
In section 28(1)(a), for “section 35 of the Agricultural Holdings...
In section 29— (a) in subsection (3)(a), for “section 35...
In section 22(4)(a), for “subsection (1) of section twenty five...
In section 48(2)(a), for “section 35 of the Agricultural Holdings...
In Schedule 3, paragraph 7(5)— (a) for “sections 75 and...
In Schedule 1 in paragraph 5(a), for “Agricultural Holdings (Scotland)...
In section 31(3)(c) for “Agricultural Holdings (Scotland) Act 1949” substitute...
In section 44— (a) in subsection (2)(a)(i) for “section 25(2)(c)...
In section 52— (a) in subsection (3)(d) for “Agricultural Holdings...
In section 55— (a) for subsection (1)(b) substitute—
In section 80(1), in the definitions of “agricultural holding” and...
In section 8(5)(a), for “Agricultural Holdings (Scotland) Act 1949” substitute...
In section 31B(2)(a), for the words “an absolute owner (within...
In section 38(6)(a)(i), for “Agricultural Holdings (Scotland) Act 1949” substitute...
In section 13(8), in the definition of “agricultural holding”, for...
For section 25(1)(iii) substitute— (iii) the Agricultural Holdings (Scotland) Act...
In section 7(2), in the definition of “agricultural holding”, for...
In section 14(a) for “the Agricultural Holdings (Scotland) Act 1949”...
In section 16— (a) in subsection (2), for “section 7...
In section 18(6) for the words from “the absolute owner”...
In section 19(4) for “the Crofters (Scotland) Act 1955” substitute...
After section 23 insert— In this Act— “the 1886 Act” means the Crofters Holdings...
In Schedule 2, paragraph 1(1)— (a) in the definition of...
In Schedule 2, paragraph 3(1)(b), for “section 20 of the...
In section 14(10), for “Agricultural Holdings (Scotland) Act 1949” substitute...
In Schedule 2, paragraph 7— (a) in sub-paragraph (2), for...
In Schedule 2, paragraph 10(1)— (a) in sub-paragraph (a), for...
In Schedule 2, paragraph 11— (a) in sub-paragraph (1)(a), for...
In Schedule 2, for paragraph 12 substitute— “ Sections 65...
Consequential Amendments of Enactments
In section 338(1), in the definition of “agricultural holding”, for...
In Schedule 8, Part IV, paragraph 13—
In Schedule 4 in paragraph 6(a), for “Agricultural Holdings (Scotland)...
In section 37(1), in the definition of “fixed equipment”, for...
In Schedule 2, paragraph 10, for “section 15 of the...
In section 25(4), for the words from “the provisions” to...
In section 25(5), for “section eight of the Agricultural Holdings...
The repeal by this Act of an enactment which repealed...
(1) Where an enactment contained in this Act repeals and...
Nothing in this Act shall affect any provision of the...
Section 21 of the Reserve and Auxilary Forces (Protection of...
Notwithstanding section 16 of the Interpretation Act 1978, rights to...
Repeals and Revocations
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Browse 1 other section
Note: The following abbreviations are used in this Table—
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Schedule 5 Order 2018 - Business Impact Assessment (opens in a new tab) Publication
- Rent review under 1991 Act agricultural tenancies in Scotland (opens in a new tab) Detailed Guidance
- 1991 Act agricultural tenancies - Shelter Scotland (opens in a new tab) Other
- Scottish Land Court - Jurisdiction (opens in a new tab) Other
- Agricultural holdings legislation guide (opens in a new tab) Publication
- Scottish Land Court - Jurisdiction (opens in a new tab) Other
- Scottish Government - Agricultural Holdings Policy (opens in a new tab) Other
- Scottish Land Commission - Tenant Farming Guidance (opens in a new tab) Other
- Scottish Government agricultural holdings policy (opens in a new tab) Detailed Guidance
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