LANDLORD AND TENANT Citation and commencement 1 These Regulations may be cited as Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 and shall come into force on the day after they are made. Interpretation 2 1 In these Regulations– “the 2003 Act ” means the Agricultural Holdings (Scotland) Act 2003; and “Part 2” means Part 2 of the 2003 Act (tenant’s right to buy land). 2 In these Regulations, the expressions “limited partnership”, “limited partner” and “general partner” are to be construed in accordance with the Limited Partnerships Act 1907 . Modification of tenant’s right to buy land – general 3 1 For the purposes of Part 2 as it applies to– a a general partner of a limited partnership tenant of a 1991 Act tenancy who may exercise or enforce any right of a tenant under that Part by virtue of section 72(2) of the 2003 Act (rights of certain persons where tenant is a limited partnership); or b a former general partner of such a tenant and tenancy who becomes the tenant in their own right under section 72(6) of the 2003 Act, the modifications in paragraphs (2) to (4) below shall apply. 2 Unless the context otherwise requires, and subject to paragraphs (3) and (4) and regulation 4 below, references in Part 2 to the “tenant” and the “tenant’s interest” shall include references to any general partner (or former general partner) and any general partner’s (or former general partner's) interest for the purposes of giving effect to Part 6 of the Act or these Regulations. 3 Section 25(3) of the 2003 Act (contents of notice registering a tenant’s interest) is modified to apply as if after paragraph (a) there were inserted– aa the particulars of any general partner of a limited partnership tenant; . 4 The following provisions shall apply as if the notice which must be given to the tenant in each case must be given to any general partner (or former general partner) of a limited partnership tenant in addition to the tenant:– i section 25(5) (Keeper sending extract of registration); ii section 25(6) (intimation of standard security); iii section 25(10) (intimation of rescinding or sending of amendment of registration); and iv section 26(1)(a) (notice of proposal to transfer land). Two or more general partners 4 Subject to regulation 5(1) below, where two or more general partners of a limited partnership tenant of a 1991 Act tenancy may by virtue of section 72(2) of the 2003 Act or these Regulations exercise or enforce a right to register an interest in acquiring land under section 25 of the 2003 Act, Part 2 is modified to apply as if there were inserted after section 25(3)(b) of that Act– bb where there are two or more general partners of a tenant under the lease, the fact that each of them consents to the making of the application to register their interest in acquiring the land. . Associates of the landlord as general partners or joint tenants 5 1 Where there are two or more general partners of a limited partnership tenant of a 1991 Act tenancy who may exercise or enforce any right of a tenant under Part 2 by virtue of section 72(2) of the 2003 Act, the consent or agreement of a general partner who is an associate of the landlord shall not be required to exercise or enforce such a right. 2 Where a general partner has become a joint tenant under section 72(6) of the 2003 Act together with another general partner as joint tenant, the consent or agreement of another joint tenant who is an associate of the landlord shall not be required to exercise or enforce any right of the tenant under Part 2. 3 In this regulation, “associate of the landlord” bears the meaning it is given by section 70(8) of the 2003 Act. LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd December 2004