Landlord And Tenant Citation, commencement and interpretation 1 1 These Regulations may be cited as the Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017 and come into force on 30th November 2017. 2 In these Regulations— “1991 Act tenancy” has the same meaning as in section 93 of the 2003 Act (interpretation) ; “the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003; “the 2016 Act ” means the Land Reform (Scotland) Act 2016; and “limited duration tenancy” has the same meaning as in section 93 of the 2003 Act . Appointed day 2 1 30th November 2017 is the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table). 2 Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 30th November 2017 only for that purpose. Saving provision: conversion from 1991 Act tenancy to limited duration tenancy 3 1 Despite its repeal by section 90(2) of the 2016 Act, section 2 of the 2003 Act (conversion from 1991 Act tenancy to limited duration tenancy) continues to have effect in respect of— a an agreement between a landlord and a tenant under a 1991 Act tenancy to terminate that tenancy, where— i that agreement is in accordance with section 2(1)(a) of the 2003 Act; ii that agreement was made before 30th November 2017; and iii the date specified in that agreement as being the date on which the termination is to have effect is on or after 30th November 2017; and b a lease constituting a limited duration tenancy entered into in order to comply with section 2(1)(b) of the 2003 Act, which— i is for a term of not less than 25 years; ii comprises or includes the same land as that comprised in the 1991 Act tenancy being terminated by an agreement to which paragraph (1)(a) applies; and iii has effect from the date on which the termination under that agreement has effect. 2 Where section 2 of the 2003 Act continues to have effect by virtue of paragraph (1), the modification made by paragraph 3 of schedule 2 of the 2016 Act has no effect in relation to— a an agreement to which paragraph (1)(a) applies; or b a lease constituting a limited duration tenancy to which paragraph (1)(b) applies. Saving provision: limited duration tenancies 4 Despite its repeal by section 85(2) of the 2016 Act, section 5 of the 2003 Act (limited duration tenancies) continues to have effect in relation to a limited duration tenancy in existence immediately before 30th November 2017. Transitory provision: modern limited duration tenancies 5 Until the coming into force of section 92 of the 2016 Act (repairing tenancies: creation) for all purposes, section 5A(1)(c) of the 2003 Act (modern limited duration tenancies) is to be read as if “or a repairing tenancy” were omitted. Transitory provision: Sheriff Courts (Scotland) Act 1907 6 Until the coming into force of section 92 of the 2016 Act for all purposes, section 37A of the Sheriff Courts (Scotland) Act 1907 (removings: exception for certain tenancies) is to be read as if for “, modern limited duration tenancies or repairing tenancies” there were substituted “or modern limited duration tenancies”. Transitory provision: Succession (Scotland) Act 1964 7 Until the coming into force of section 92 of the 2016 Act for all purposes, section 16 of the Succession (Scotland) Act 1964 (provisions relating to leases) is to be read as if— a in subsection (4A), for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; b in subsection (4C), for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; and c in subsection (9)— i in the definition of “agricultural lease”, for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; and ii for “, “modern limited duration tenancy” and “repairing tenancy”” there were substituted “and “modern limited duration tenancy””. Transitory provision: Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 8 Until the coming into force of section 92 of the 2016 Act for all purposes, section 7(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (interpretation of sections 4 to 6) is to be read as if, in the definition of “agricultural lease”, for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”. Transitory provision: Crofters (Scotland) Act 1993 9 Until the coming into force of section 92 of the 2016 Act for all purposes, the Crofters (Scotland) Act 1993 is to be read as if— a in section 3A(9)(a)(ii) (new crofts), for “, modern limited duration tenancy or repairing tenancy” there were substituted “or modern limited duration tenancy”; b in section 29(1)(b) (miscellaneous provisions regarding subleases of crofts), for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; and c for section 29B(b) (status of tenant under a short lease) there were substituted— b the tenant under a lease constituting— i a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) ; ii a short limited duration tenancy within the meaning of that Act; iii a limited duration tenancy within the meaning of that Act; or iv a modern limited duration tenancy within the meaning of that Act. . Transitory provision: Children (Scotland) Act 1995 10 Until the coming into force of section 92 of the 2016 Act for all purposes, section 76(11)(a) of the Children (Scotland) Act 1995 (exclusion orders) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”. Transitory provision: Town and Country Planning (Scotland) Act 1997 11 Until the coming into force of section 92 of the 2016 Act for all purposes, section 35(7) of the Town and Country Planning (Scotland) Act 1997 (notice etc. of applications to owners and agricultural tenants) is to be read as if, in the definition of “agricultural land”, for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”. Transitory provision: Agricultural Holdings (Scotland) Act 2003 12 1 Until the coming into force of section 92 of the 2016 Act for all purposes, in the 2003 Act — a section 10(1) (increase in rent: landlord’s improvements) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; b section 11 (variation of rent by Land Court) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; c section 12(1)(b) (right of tenant to withhold rent) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; d section 13(1) (written leases and revision of certain leases) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; e section 14 (freedom of cropping and disposal of produce) is to be read as if for “, modern limited duration tenancies and repairing tenancies” there were substituted “and modern limited duration tenancies”; f section 15 (permanent pasture) is to be read as if for “, modern limited duration tenancies and repairing tenancies” there were substituted “and modern limited duration tenancies”; g section 19 (resumption and irritancy: supplementary) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; h section 21(1) (bequest of lease) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; i in section 22 (right of landlord to object to acquirer of tenancy)— i subsection (1) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; and ii subsection (3) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; j section 23 (effect of termination of tenancy where tenant deceased) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; k section 39 (use of land for non-agricultural purposes) is to be read as if for subsection (1) there were substituted— 1 A— a 1991 Act tenancy, b tenancy under a lease constituting a limited duration tenancy, or c tenancy under a lease constituting a modern limited duration tenancy, does not cease to be such a tenancy by reason only that the land is used for a non-agricultural purpose. ; l section 42 (tenant’s right to timber) is to be read as if for subsection (1) there were substituted— 1 The tenant under— a a 1991 Act tenancy, b a limited duration tenancy, or c a modern limited duration tenancy, has, for so long as the tenancy continues to have effect, the right to cut timber from any trees planted on the land by the tenant on or after the coming into force of this section; and any such timber belongs to the tenant. ; m section 70(1)(b) (rights of certain persons where tenant is a partnership) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; n in section 77 (resolution of disputes by Land Court)— i subsection (2) is to be read as if for paragraph (a) there were substituted— a whether— i a short limited duration tenancy, ii a limited duration tenancy, iia a modern limited duration tenancy, or iii a tenancy to which section 3 applies, exists or has been terminated; ; and ii subsection (4) is to be read as if for “, a modern limited duration tenancy or a repairing tenancy” there were substituted “or a modern limited duration tenancy”; and o section 81(a) (clauses in leases as to resolution of disputes) is to be read as if “, a repairing tenancy” were omitted. 2 Until the coming into force of section 95(2) of the 2016 Act (repairing tenancies: fixed equipment) for all purposes, in the 2003 Act — a section 11 (variation of rent by Land Court) is to be read as if for “, 16A or 16B” there were substituted “or 16A”; and b in section 13 (written leases and the revision of certain leases)— i subsection (1)(b)(ii) is to be read as if for “, section 16A or, as the case may be, section 16B” there were substituted “or, as the case may be, section 16A”; ii subsection (2)(b) is to be read as if for “, 16A or, as the case may be, 16B” there were substituted “or, as the case may be, 16A”; iii subsection (4)(a) is to be read as if for “, section 16A or, as the case may be, section 16B” there were substituted “ or, as the case may be, section 16A”; and iv subsection (5) is to be read as if for “, 16A or, as the case may be, 16B” there were substituted “or, as the case may be, 16A”. 3 Until the coming into force of section 96(2) of the 2016 Act (repairing tenancies: resumption of land by landlord) for all purposes, section 19(a) of the 2003 Act (resumption and irritancy: supplementary) is to be read as if “or 17A” were omitted. 4 Until the coming into force of section 106(2) of the 2016 Act (assignation of repairing tenancies), section 77(4) of the 2003 Act (resolution of disputes by Land Court) is to be read as if “, 7D(1) or 7D(7)” were omitted. Transitory provision: Antisocial Behaviour etc. (Scotland) Act 2004 13 Until the coming into force of section 92 of the 2016 Act (repairing tenancies: creation) for all purposes, section 83(6)(f)(i) of the Antisocial Behaviour etc. (Scotland) Act 2004 (registration of certain landlords: application for registration) is to be read as if for “, modern limited duration tenancy or repairing tenancy” there were substituted “or modern limited duration tenancy”. Transitory provision: Housing (Scotland) Act 2006 14 Until the coming into force of section 92 of the 2016 Act for all purposes, section 12(1)(c) of the Housing (Scotland) Act 2006 (tenancies to which repairing standard duty applies) is to be read as if for sub-paragraph (i) there were substituted— i on land comprised in a lease constituting— A a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) ), B a short limited duration tenancy (within the meaning of that Act), C a limited duration tenancy (within the meaning of that Act), or D a modern limited duration tenancy (within the meaning of that Act), and. . FERGUS EWING A member of the Scottish Government St Andrew’s House, Edinburgh 14th September 2017