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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Land Reform (Scotland) Act 2016 (Commencement No. 12) Regulations 2020 No. 428 (C. 40) URL: http://www.bailii.org/scot/legis/num_reg/2020/ssi_2020428_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
Land Reform
Made
9th December 2020
Laid before the Scottish Parliament
11th December 2020
Coming into force
28th February 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 130(2) of the Land Reform (Scotland) Act 2016( 1).
1. These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 12) Regulations 2020 and come into force on 28 February 2021.
2.—(1) 28 February 2021 is the day appointed for the coming into force, for all remaining purposes, of the provisions of the Land Reform (Scotland) Act 2016 referred to in paragraph (2).
(2) The provisions are—
(a) section 110 (tenant’s offer to relinquish 1991 Act tenancy),
(b) section 111 (tenant’s offer to relinquish 1991 Act tenancy: consequential modifications).
GRAEME DEY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
9th December 2020
(This note is not part of the Regulations)
These Regulations bring into force sections 110 and 111 of the Land Reform (Scotland) Act 2016 (“the Act”). The Bill for the Act received Royal Assent on 22 April 2016. Sections 125 to 127, 130 and 131 came into force the following day.
Section 110 of the Act inserts a new Part 3A into the Agricultural Holdings (Scotland) Act 1991 (“the 1991 Act”) to provide for a process whereby a 1991 Act tenant can relinquish their tenancy to the landlord in exchange for compensation or, if the landlord does not buy them out, can assign the tenancy to a new entrant or to a person progressing in farming, for the tenancy’s market value.
Section 110 of the Act was partially brought into force by the Land Reform (Scotland) Act 2016 (Commencement No. 3, Transitory and Saving Provisions) Regulations 2016, for the limited purpose of making regulations under sections 32B(1), 32D(1) and (2), 32G(3)(b), 32J(5) and 32Q(8) of the 1991 Act.
Section 111 of the Act makes consequential modifications to the 1991 Act and the Agricultural Holdings (Scotland) Act 2003 (“the 2003 Act”) in light of new Part 3A of the 1991 Act and allows the Scottish Ministers to modify by regulations, the effect of the new Part 3A process in relation to tenants in certain types of tenancy.
Section 111 of the Act was partially brought into force by the Land Reform (Scotland) Act 2016 (Commencement No. 3, Transitory and Saving Provisions) Regulations 2016, for the limited purpose of making regulations under section 74A of the 2003 Act.
Regulation 2 appoints 28 February 2021 for the coming into force of sections 110 and 111 of the Act for all remaining purposes.
(This note is not part of the Regulations)
The following provisions of the Act have been brought into force by commencement regulations made before the date of these Regulations.
| Provisions of the Act | Date of Commencement | Instrument No. |
|---|---|---|
| Sections 1 and 2 | 1 October 2016 | S.S.I. 2016/193 |
| Section 3 | 1 October 2017 | S.S.I. 2016/193 |
| Section 4(1) to (5) | 1 November 2016 | S.S.I. 2016/250 |
| Section 4(6) to (8) | 1 April 2017 | S.S.I. 2016/250 |
| Section 5 | 1 November 2016 | S.S.I. 2016/250 |
| Section 6 | 1 April 2017 | S.S.I. 2016/250 |
| Section 7 | 1 November 2016 | S.S.I. 2016/250 |
| Sections 8 and 9 | 1 April 2017 | S.S.I. 2016/250 |
| Sections 10, 11, and 12(1), (2), (3)(a), (4) and (5) | 1 November 2016 | S.S.I. 2016/250 |
| Section 12(3)(b) (partially) | 1 November 2016 | S.S.I. 2016/250 |
| Sections 13 to 20 | 1 November 2016 | S.S.I. 2016/250 |
| Section 21(1) and (2) | 1 November 2016 | S.S.I. 2016/250 |
| Sections 21(3), and 22(1), (2), (3)(a)(ii) and (iii) and (b), (4) and (5) | 1 April 2017 | S.S.I. 2016/250 |
| Section 22(3)(a)(i) | 1 October 2017 | S.S.I. 2016/250 |
| Sections 23 to 26 | 1 April 2017 | S.S.I. 2016/250 |
| Sections 27(1), (2)(a) to (f) and (h) to (i) and (3) to (9) | 1 April 2017 | S.S.I. 2016/250 |
| Sections 28 to 38 | 1 April 2017 | S.S.I. 2016/250 |
|
Section 39 (partially) Section 39 (for all remaining purposes) |
17 May 2018 16 December 2020 |
|
| Section 40 (partially) | 17 May 2018 | S.S.I. 2018/138 |
| Section 40 (for all remaining purposes) | 10 January 2020 | S.S.I. 2019/420 |
| Section 41 | 17 May 2018 | S.S.I. 2018/138 |
| Section 42 (partially) | 17 May 2018 | S.S.I. 2018/138 |
| Section 42 (for all remaining purposes) | 10 January 2020 | S.S.I 2019/420 |
| Section 44 | 1 November 2016 | S.S.I. 2016/250 |
| Sections 45 to 51 | 26 April 2020 | S.S.I. 2020/20 |
| Section 52 (partially) | 23 April 2018 | S.S.I. 2018/99 |
| Sections 52(1), (10)(a), (10)(c), (11), (12) and (13) | 27 June 2018 | S.S.I. 2018/138 |
| Section 52(2) to (9) | 26 April 2020 | S.S.I. 2020/20 |
| Section 52(10)(b) (for all remaining purposes) | 27 June 2018 | S.S.I. 2018/138 |
| Section 53 | 27 June 2018 | S.S.I. 2018/138 |
| Sections 54 to 73 | 26 April 2020 | S.S.I. 2020/20 |
| Sections 74 to 82 | 28 June 2016 | S.S.I. 2016/193 |
| Sections 83 and 84 | 31 December 2016 | S.S.I. 2016/372 |
| Section 85(1) and (3) (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Section 85 (for all remaining purposes) | 30 November 2017 | S.S.I. 2017/299 |
| Sections 86 to 88 | 30 November 2017 | S.S.I. 2017/299 |
| Section 89 (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Section 89 (for all remaining purposes) | 30 November 2017 | S.S.I. 2017/299 |
| Sections 90 and 91 | 30 November 2017 | S.S.I. 2017/299 |
| Section 92 (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Section 98 (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Section 100 (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Section 101 (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Section 102 (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Sections 103 and 104 | 23 December 2016 | S.S.I. 2016/365 |
| Section 105 | 30 November 2017 | S.S.I. 2017/299 |
| Sections 107 and 108(2) and (3)(a)(ii) and (b) | 23 December 2016 | S.S.I. 2016/365 |
| Section 108 (for all remaining purposes) | 30 November 2017 | S.S.I. 2017/299 |
| Section 109 | 23 December 2016 | S.S.I. 2016/365 |
| Section 110 (partially) | 23 December 2016 | S.S.I. 2016/365 |
| Section 111(2) and (4) partially | 23 December 2016 | S.S.I. 2016/365 |
| Sections 112 to 118 | 13 June 2017 | S.S.I. 2017/20 |
|
Sections 119 to 124 Section 128 |
23 December 2016 16 December 2020 |
S.S.I 2020/383 |
| Section 129(1) and schedule 1 | 27 June 2018 | S.S.I. 2018/138 |
| Section 129(2) and schedule 2 so far as they relate to paragraphs 1 to 6, 8 and 9 of schedule 2 | 30 November 2017 | S.S.I. 2017/299 |
| Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 (partially). | 23 December 2016 | S.S.I. 2016/365 |
| Section 129(2) and schedule 2 so far as they relate to paragraph 7(1) of schedule 2 (partially) | 30 November 2017 | S.S.I. 2017/299 |
| Section 129(2) and schedule 2 so far as they relate to paragraph 7(2) to (16)(a) and (17) to (28) and (30)(a) of schedule 2 | 30 November 2017 | S.S.I. 2017/299 |
| Section 129(2) and schedule 2 so far as they relate to paragraphs 7(16)(b) and 14 to 19 of schedule 2 | 23 December 2016 | S.S.I. 2016/365 |
| Section 129(2) and schedule 2 so far as they relate to paragraph 7(29) and (30)(b) of schedule 2 (partially) | 23 December 2016 | S.S.I. 2016/365 |
