Décision No 4/16 du Forum pour la coopération en matière de sécurité
In this Part of this Act, “the 1949 Act” means the Agricultural Holdings (Scotland) Act 1949.
In section 7 of the 1949 Act (variation of rent)— Provided that the foregoing provision shall have no effect where the latest date in terms of that subsection is earlier than the commencement of this Act.
in the second sentence of subsection (1)—
after the word " shall" there shall be inserted the word " normally "; and
for the words " the next following subsection " there shall be substituted the words " subsection (2) below, ";
in the second sentence of subsection (1)—
after the word “shall” there shall be inserted the word “normally”; and
for the words “the next following subsection” there shall be substituted the words “subsection (2) below,”;
after the said subsection (1) there shall be inserted the following subsection—;
after the said subsection (1) there shall be inserted the following subsection—;
in subsection (2) for the words “the last foregoing subsection” in each place that they occur there shall be substituted the words “subsection (1) of this section”; and
in subsection (3) for the word “five”there shall be substituted the word “three”;
In section 25 of the 1949 Act (restrictions on operation of notices to quit). after subsection (2)(g) there shall be inserted the following paragraph and subsection—.
In section 26 of the 1949 Act (consents for purposes of section 25)—
in subsection (1) at the beginning, there shall be inserted the words “Except where section 26A(3) of this Act applies”; and
in subsection (5) after the word “may” there shall be inserted the words “, subject to section 26A(4) of this Act,”.
After section 26 of the 1949 Act there shall be inserted the following section—.
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.
In section 75 of the 1949 Act (provision as to arbitrations) after subsection (1) there shall be inserted the following subsection—.
In the Sixth Schedule to the 1949 Act (provision as to arbitrations)—
in paragraph 8, for the word “two” there shall be substituted the word “three” ;
after paragraph 9 there shall be inserted the following paragraph— ;
in paragraph 10, after the word “award” there shall be inserted the words “, and any statement made under paragraph 9A of this Schedule,”;
in paragraph 14, at the beginning, there shall be inserted the words “Subject to section 75 (1A) of this Act,”;
in each of paragraphs 19 and 20, at the beginning, there shall be inserted the words “Subject to paragraph 20A of this Schedule,”; and
after paragraph 20 there shall be inserted the following paragraph—.
The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Agricultural Holdings (Amendment) (Scotland) Act 1983.
This Act shall come into force at the end of the period of two months beginning with the date on which it is passed.
This Act shall extend to Scotland only.
Section 4.
" near relative " in relation to a deceased tenant of an agricultural holding means a surviving spouse or child of that tenant, including a child adopted by him in pursuance of an adoption order (as denned in section 23(5) of the Succession (Scotland) Act 1964) ; and
The tenant is the occupier (either as owner or tenant) of agricultural land which—
The holding or any agricultural unit of which it forms part is not a two-man unit; the landlord intends to use the holding for the purpose of effecting an amalgamation within two years after the termination of the tenancy ; and the notice specifies the land with which the holding is to be amalgamated.
The tenant has neither sufficient training in agriculture nor sufficient experience in the fanning of land to enable him to farm the holding with reasonable efficiency: Provided that this Case shall not apply where the tenant has been engaged, throughout the period from the date of death of the person from whom he acquired right to the lease, in a course of relevant training in agriculture which he is expected to complete satisfactorily within four years from the said date and has made arrangements to secure that the holding will be farmed with reasonable efficiency until he completes that course.
is a two-man unit;
is distinct from the holding and from any agricultural unit of which the holding forms part; and
has been occupied by him since before the death of the person from whom he acquired right to the lease of the holding,
is a two-man unit; is distinct from the holding and from any agricultural unit of which the holding forms part; and has been occupied by him since before the death of the person from whom he acquired right to the lease of the holding, and the notice specfies the agricultural land.
The tenant is the occupier (either as owner or tenant) of agricultural land which— and the notice specifies the land.
is a two-man unit;
is distinct from the holding ; and
has been occupied by him throughout the period from the date of giving of the notice,
The tenant does not have sufficient financial resources to enable him to farm the holding with reasonable efficiency.
The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency: Provided that this Case shall not apply where the tenant has been engaged, throughout the period from the date of death of the person from whom he acquired right to the lease, in a course of relevant training in agriculture which he is expected to complete satisfactorily within four years from the said date and has made arrangements to secure that the holding will be farmed with reasonable efficiency until he completes that course.
The holding or any agricultural unit of which it forms part is not a two-man unit; the landlord intends to use the holding for the purpose of effecting an amalgamation within two years after the termination of the tenancy; and the notice specifies the land with which the holding is to be amalgamated.
The tenant is the occupier (either as owner or tenant) of agricultural land which—
is a two-man unit; is distinct from the holding; and has been occupied by him throughout the period from the date of giving of the notice, and the notice specifies the land.
For the purposes of section 26A of this Act and this Schedule— “amalgamation” means a transaction for securing that agricultural land which is comprised in a holding to which a notice to quit relates and which together with other agricultural land could form an agricultural unit, shall be owned and occupied in conjunction with that other land; “near relative” in relation to a deceased tenant of an agricultural holding means a surviving spouse or child of that tenant, including a child adopted by him in pursuance of an adoption order (as defined in section 23(5) of the Succession (Scotland) Act 1964) ; and “two-man unit” means an agricultural unit which in the opinion of the Land Court is capable of providing full-time employment for an individual occupying it and at least one other man.
" amalgamation " means a transaction for securing that agricultural land which is comprised in a holding to which a notice to quit relates and which together with other agricultural land could form an agricultural unit, shall be owned and occupied in conjunction with that other land ;
" two-man unit" means an agricultural unit which in the opinion of the Land Court is capable of providing full-time employment for an individual occupying it and at least one other man.
For the purposes of determining whether land is a two-man unit, in assessing the capability of the unit of providing employment it shall be assumed that the unit is farmed under reasonably skilled management, that a system of husbandry suitable for the district is followed and that the greater part of the feeding stuffs required by any livestock kept on the unit is grown there.
For the purposes of Case 7 of this Schedule, occupation of agricultural land—
by a company which is controlled by the tenant shall be treated as occupation by the tenant; and
by a Scottish partnership shall, notwithstanding section 4(2) of the Partnership Act 1890, be treated as occupation by each of its partners.
Section 6. Chapter Short title Extent of repeal 1949 c. 75. The Agricultural HoIdings (Scotland) Act 1949. Section 7(2)(b). 1958 c. 71. The Agriculture Act 1958. Section 2. Section 6(3). 1968 c. 34. The Agriculture (Miscellaneous Provisions) Act 1968. Part Ill.