Agricultural Holdings legislation is an increasingly complex area. If you require
advice on rural matters, please contact [url=mailto:hugh.smith@shepwedd.co.uk]Hugh
Smith[/url], Partner in Shepherd+ Wedderburn who specialises in rural property
matters. Recent regulations modifying the tenant farmers' Right to Buy provisions
contained in Part 2 of the Agricultural Holdings (Scotland) Act 2003 are a
case in point. Part 2 confers rights to buy land on agricultural tenants of
a "1991 Act tenancy", (a tenancy of an agricultural holding under
the Agricultural Holdings (Scotland) Act 1991) to which the provisions of the
2003 Act apply.
These new Regulations amend the already complicated provisions in Part 2
of the 2003 Act to provide for its application to general partners or former
general partners, of tenants which are limited partnerships, who may exercise
tenants' rights under that Part by virtue of the provisions in the 2003 Act
(Part 6) concerning the rights of certain persons where the tenant is a partnership.
Specifically, they provide that references to the tenant are to be taken
to include any general partner or former general partner with rights under
Part 6 of the 2003 Act, and in particular, for notices to be given to general
partners in addition to tenants. Modifications are also made for situations
where there is more than one general partner, to the effect that the consent
of all of them is required to the registration of an interest in acquiring
land under Part 2 of the 2003 Act. General partners or joint tenants who are
associates of landlords are prevented from acting in a way designed to avoid
the operation of the right to buy.
These regulations are available from the HMSO website at:
http://www.hmso.gov.uk/legislation/scotland/ssi2004/20040557.htm
