Almost 3 years after the Agricultural Holdings (Scotland) Act 2003 received Royal Assent, the Executive has finally produced Explanatory Notes to the Act.

The Act creates new types of tenancy for agricultural holdings – the short limited duration tenancy and the limited duration tenancy.  Existing 1991 Act tenancies remain and can continue to be created and can also, with the agreement of both parties, be converted to limited duration tenancies.  1991 Act tenancies will have a right of pre-emption over the land that is subject to the tenancy when it comes up for sale. Provision is made in relation to use of land for non-agricultural purposes, and concerning compensation for disturbance and diversification, and as well as dealing with the rights of tenants who are partnerships or limited liability partnerships, the Act also makes changes to the powers and remit of the Land Court.

The Explanatory Notes are now available from the OPSI website at: http://www.opsi.gov.uk/legislation/scotland/en2003/2003en11.htm

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