The Agricultural Holdings (Scotland) Act 1991 (Variation of Schedule 5) Order 2019

Document Number:2019 No. 1
Coming into force:Coming into force on the 10/01/2019
 
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Scottish Statutory Instruments

Landlord And Tenant

Made

9 th January 2019

Coming into force

10 th January 2019

The Scottish Ministers make the following Order in exercise of the powers conferred by section 73(1) and (2) of the Agricultural Holdings (Scotland) Act 1991(1) and all other powers enabling them to do so.

The Scottish Ministers have consulted with persons appearing to them to represent the interests of landlords and tenants of agricultural holdings, as required by section 73(1) of that Act. In accordance with section 73(2) of that Act, they have made such provision in relation to tenancies current when this instrument takes effect as appears to them to be just having regard to the variation effected by the instrument.

In accordance with section 73(4) of that Act(2) , a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

  1. —(1) This Order may be cited as the Agricultural Holdings (Scotland) Act 1991 (Variation of Schedule 5) Order 2019 and comes into force on the day after the day on which it is made.

    (2) In this Order, “1991 Act” means the Agricultural Holdings (Scotland) Act 1991.

    Variation of Part II of schedule 5 of the 1991 Act

  2. —(1) Part II of schedule 5 of the 1991 Act (improvements for which notice is required) is varied in accordance with paragraphs (2) to (4).

    (2) For paragraph 17 , substitute—

    “17. Installation, provision, distribution or storage of electricity, gas, power, heat or light.”.

    (3) For paragraph 22 , substitute—

    “22. Provision of means of sewage, waste or pollutant disposal, or provision of means of managing water on land.”.

    (4) After paragraph 23 , insert—

    “23 A. Erection of structures for the management or storage of slurries or manures.

    23 B. Provision of means of storing silage.

    23 C. Works to dwellings.”.

    Variation of Part III of schedule 5 of the 1991 Act

  3. —(1) Part III of schedule 5 of the 1991 Act (improvements for which no consent or notice is required) is varied in accordance with paragraphs (2) to (4).

    (2) For paragraph 29 , substitute—

    “29. Eradication of bracken, whins or broom growing on the holding at the commencement of the tenancy.”.

    (3) After paragraph 29 , insert—

    “29 A. Removal of tree roots, boulders, stones or other similar obstacles to cultivation from arable land or from permanent grass land.”.

    (4) For paragraph 30 , substitute—

    “30. Application to land of soil improvers...

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