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ANNEX A EXPLANATORY DOCUMENT

THE PUBLIC SERVICES REFORM (AGRICULTURAL HOLDINGS) (SCOTLAND) ORDER 2011 PROPOSED EXPLANATORY DOCUMENT Contents 1. Introduction 2. Background and policy objective 3. Conversion of a Short Limited Duration Tenancy to a Limited Duration Tenancy 4. Reduction of the minimum term of a Limited Duration Tenancy from 15 years to 10 years 5. Fixed Equipment 6. Two-man rule 7. Changes to the requirements for the annulment of "post lease agreements" under section 5 8. Amendment to section 13 of the 1991 Act, for the purposes of clarification

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therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise. Next steps in the process Where respondents have given permission for their response to be made public and after we have checked that they contain no potentially defamatory material, responses will be made available to the public in the Scottish Government Library (see the attached Respondent Information Form at Section L). These will be made available to the public in the Scottish Government Library by end of January 2011 and on the Scottish Government consultation web pages by end of January 2011. You can make arrangements to view responses by contacting the SG Library on 0131-2444552. Responses can be copied and sent to you, but a charge may be made for this service. What happens next? Following the closing date, all responses will be analysed and considered along with any other available evidence to help us reach a decision on the Proposed Amendments to the Agricultural Holdings (Scotland) Acts 1991 and 2003. We aim to issue a report on this consultation process by end of January 2011. It is intended to introduce a Scottish Statutory Instrument (SSI) to the Scottish Parliament for their approval to amend the Agricultural Holdings (Scotland) Acts of 1991 and 2003 and seek Parliamentary approval by the end of March 2011. The amendments will become effective once the SSI has been signed by the Cabinet Secretary for Rural Affairs and the Environment. Comments and complaints If you have any comments about how this consultation exercise has been conducted, please send them to: Agricultural Holdings Land Tenure Branch Rural Communities Division CSpur Saughton House Broomhouse Drive EDINBURGH EH11 3XD AgriculturalHoldings(S).scotland.gsi.gov.uk

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CONSULTATION QUESTIONNAIRE

The provisions contained within the Agricultural Holdings (Scotland) Acts of 1991 and 2003 provides tenant farmers and their landlords with a framework for agreeing leasing arrangements for farm land in Scotland. These Scottish Government amendments to the current agricultural tenancy legislation could provide the tenant farming sector of the agricultural industry in Scotland over the coming years with a greater level of security, and a greater level of confidence in the working relationships between a tenant farmer and their landlord. Part One - Agricultural Holdings (Scotland) Act 2003 (asp 11) Question 1 Do you agree with the Scottish Government proposed amendment not to alter the maximum length of a tenancy term for a Short Limited Duration Tenancy (SLOT) but allowing for the conversation of the tenancy lease to a Limited Duration Tenancy (LDT)?

No

Please provide any further comments to support your answer in the box below

ANY

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Question 2 Do you agree with the Scottish Government proposed amendment that the minimum length of a tenancy term for a Limited Duration Tenancy (LDT) should be reduced from 15 years to 10 years?

Yes

"S No

Please provide any further comments to support your answer in the box below

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Question 3 Do you agree with the Scottish Government proposed amendment to rewrite section 16 (Fixed Equipment etc) to the effect that clear agreement will be reached between landlord and tenant farmer and specified in the LOT or SLOT lease arrangement stating the exact nature of the farming enterprise to be conducted on the land to be let and any fixed equipment as provided or to be provided by the landlord under the lease?

Yes

Please provide any further comments to support your answer in the box below

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Part Two - Agricultural Holdings (Scotland) Act 1991 Question 4 Do you agree with the Scottish Government proposed amendment that the statutory procedures set out in section 5 (Fixed equipment and insurance premiums) should be adjusted to ensure that a tenant who wishes to have a post lease agreement nullified must notify the landlord of that fact in writing no later than 6 months before the rent is reviewed in accordance with the terms of the tenancy or is determined in accordance with section 13?

Yes ^--^ No,

Please provide any further comments to support your answer in the box below

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Question 5 Do you agree with the Scottish Government proposed amendment that for the purposes of clarification in section 13 (Variation of Rent) (1) after the word 'Act' the phrase 'following notice in writing served on the other party' should be inserted? [Yes, v_^

No

Please provide any further comments to support your answer in the box below

Question 6 Do you agree with the Scottish Government proposed amendment that all references to the 'two man unit' in Schedule 2 (Grounds for consent to operation of Notices to Quit a tenancy where section 25(3) applies) should be deleted where appropriate and replaced by a new definition 'viable unit'?

Yes

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Please provide any further comments to support your answer in the box below

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Note

This Questionnaire is provided for the convenience of consultees. Responses to the consultation, however, will be accepted in any format and consultees are not required to use this form when commenting on the proposals set out in the consultation document.

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