Search Legislation

Agricultural Holdings (Scotland) Act 1991

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 85

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Agricultural Holdings (Scotland) Act 1991, Section 85. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

85 Interpretation.S

(1)In this Act, unless the context otherwise requires—

  • the 1911 Act” means the M1Small Landholders (Scotland) Act 1911;

  • the 1949 Act” means the M2 Agricultural Holdings (Scotland) Act 1949;

  • agricultural holding” (except in sections 68 to 72 of this Act) and “agricultural land” have the meanings assigned to them by section 1 of this Act;

  • agricultural unit” means land which is an agricultural unit for the purposes of the M3Agriculture (Scotland) Act 1948;

  • agriculture” includes horticulture, fruit growing; seed growing; dairy farming; livestock breeding and keeping; the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds; and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes: and “agricultural” shall be construed accordingly;

  • building” includes any part of a building;

  • [F1enactment” includes an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament;]

  • fixed equipment” includes any building or structure affixed to land and any works on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or of produce thereof, or amenity, and, without prejudice to the foregoing generality, includes the following things, that is to say—

    (a)

    all permanent buildings, including farm houses and farm cottages, necessary for the proper conduct of the agricultural holding;

    (b)

    all permanent fences, including hedges, stone dykes, gate posts and gates;

    (c)

    all ditches, open drains and tile drains, conduits and culverts, ponds, sluices, flood banks and main water courses;

    (d)

    stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding;

    (e)

    farm access or service roads, bridges and fords;

    (f)

    water and sewerage systems;

    (g)

    electrical installations including generating plant, fixed motors, wiring systems, switches and plug sockets;

    (h)

    shelter belts,

    and references to fixed equipment on land shall be construed accordingly;

  • improvement” shall be construed in accordance with section 33 of this Act, and “new improvement”, “old improvement”, “1923 Act improvement” and “1931 Act improvement” have the meanings there assigned to them;

  • Land Court” means the Scottish Land Court;

  • Lands Tribunal” means the Lands Tribunal for Scotland;

  • landlord” means any person for the time being entitled to receive the rents and profits or to take possession of an agricultural holding, and includes the executor, assignee, legatee, disponee, guardian, curator bonis [F2or tutor of a landlord or the trustee or interim trustee in the sequestration of a landlord's estate;]

  • lease” means a letting of land for a term of years, or for lives, or for lives and years, or from year to year;

  • livestock” includes any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land;

  • market garden” means a holding, cultivated, wholly or mainly, for the purpose of the trade or business of market gardening;

  • prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

  • produce” includes anything (whether live or dead) produced in the course of agriculture;

  • tenant” means the holder of land under a lease of an agricultural holding and includes the executor, assignee, legatee, disponee, guardian, tutor [F3or curator bonis of a tenant or the trustee or interim trustee in the sequestration of a tenant's estate;]

  • termination”, in relation to a tenancy, means the termination of the lease by reason of effluxion of time or from any other cause;

(2)Schedules 5 and 6 to the M4Agriculture (Scotland) Act 1948, (which have effect respectively for the purpose of determining for the purposes of that Act whether the owner of agricultural land is fulfilling his responsibilities to manage it in accordance with the rules of good estate management and whether the occupier of such land is fulfilling his responsibilities to farm it in accordance with the rules of good husbandry) shall [F4, subject to subsections (2A) and (2B) below,] have effect for the purposes of this Act as they have effect for the purposes of that Act.

[F5(2A)For the purposes of this Act, conservation activities are to be treated as being in accordance with the rules of good husbandry if they are carried out in accordance with—

(a)an agreement entered into under any enactment by the tenant; or

(b)the conditions of—

(i)any grant for the purpose of such activities paid out of the Scottish Consolidated Fund; or

(ii)such other grant of a public nature as may be prescribed.

(2B)For the purposes of this Act, such use of the land or part of the land, or such change to the land, for a purpose that is not an agricultural purpose as has been permitted under section 40 or 41 of the Agricultural Holdings (Scotland) Act 2003 (asp 11) is to be treated as being in accordance with the rules of good husbandry.]

(3)References in this Act to the farming of land include references to the carrying on in relation to the land of any agricultural activity.

(4)References to the terms, conditions, or requirements of a lease of or of an agreement relating to, an agricultural holding shall be construed as including references to any obligations, conditions or liabilities implied by the custom of the country in respect of the holding.

(5)Anything which by or under this Act is required or authorised to be done by, to or in respect of the landlord or the tenant of an agricultural holding may be done by, to or in respect of any agent of the landlord or of the tenant.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources