- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)In section 22 (restriction on operation of notices to quit) of the 1991 Act, in paragraph (b) of subsection (2), for the words from “has” to the end there is substituted “requires to be obtained, and has been obtained, under the enactments relating to town and country planning”.
(2)In section 24 (consents for the purposes of section 22) of that Act—
(a)in subsection (2)—
(i)the words from “that” in the second place where it appears to the end become paragraph (a); and
(ii)after that paragraph there is added “; or
(b)where the notice is to quit the whole of the holding, that use of the land for the purpose for which the landlord proposes to terminate the tenancy would not create greater economic and social benefits to the community than would exist were the tenancy not terminated.”; and
(b)after subsection (4) there is added—
“(5)For the purposes of subsection (2)(b) above—
(a)“the community”—
(i)shall be defined by reference to the postcode unit (or postcode units) pertaining to the holding and the vicinity of the holding; and
(ii)comprises the persons from time to time resident in that postcode unit (or any of those postcode units);
(b)“economic benefits” shall be defined by reference to an increase, or the potential for increase, in employment or income;
(c)“social benefits” shall be defined by reference to the likely—
(i)sustaining of, or increase in, the population; and
(ii)improvement of amenities and services.
(6)In subsection (5)(a) above, “postcode unit” means an area, determined by the Registrar General for Scotland, in relation to which a single postcode is used to facilitate the identification of postal service delivery points in the area.
(7)The Land Court shall, for the purposes of its determining the matters referred to in subsection (2)(b) above, have regard to such representations as it considers may assist in its consideration of those matters.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: