LEGISLATION aimed at correcting a legal issue with land tenancies came into force yesterday.
The Supreme Court ruled last year that the Agricultural Holdings (Scotland ) Act 2003 must be amended, because a subsection of that act breached the rights of landlords under the European Convention on Human Rights.
This related to situations where dissolution notices were served in limited partnership arrangements during the narrow window from September 16, 2002 to June 30, 2003.
The 2003 act allowed full 1991 agricultural tenancies to exist under certain circumstances. The Remedial Order is estimated to apply to fewer than 25 cases.
In those cases where full 1991 tenancies were created, affected landlords will have the option of converting to a tenancy held under section 73 of the 2003 act. This type of tenancy allows landlords, if they wish, to recover vacant possession following a three year notice period.
Any affected landlord wishing to convert to a section 73 tenancy must serve notice of this by November 28, 2015.
If no action is taken, the tenancy will remain a full 1991 agricultural tenancy.
Cabinet secretary for rural affairs Richard Lochhead said: "I am fully aware of the stress this has caused and hope that the passing of this order provides clarity to those who have been waiting for answers and whose lives have been put on hold whilst this has been pending.
"In order to help reach fair and balanced outcomes, the Scottish Government is funding independent mediation for the small number of landlords and tenants affected, and I urge all affected parties to take up this offer."
l Meanwhile, an Agriculture and Horticulture Development Board proposal to freeze levy rates for the second year running has been approved by UK Ministers. The sectors in Scotland affected by the freeze are dairy (DairyCo), cereals and oilseeds (HGCA) and potatoes (Potato Council)
Market round-up
The Cumberland and Dumfriesshire Farmers Mart sold 18 prime heifers in Dumfries on Wednesday to a top of 240.5p per kg and an average of 220.1p.
There were 41 cattle presented in the rough ring when beef cows averaged 135p and dairy cows levelled at 106.7p.
The firm also sold 591 prime hoggs to a top of £110 per head and 253p per kg to average 214p (+4.6p on the week).
The 247 cast sheep forward saw heavy ewes sell to £132.50 for Texels and average £88.33 (+£6.51), while light ewes peaked at £78.50 for Blackfaces and levelled at £55.04 (-£1.90).
United Auctions sold 1016 store heifers at Stirling on Wednesday to a top of 271.2p and an average of 224p (+5.7p), while 1239 store bullocks peaked at 297.5p and levelled at 238.9p (+13.7p). Fifty-five store, B&W bullocks sold to 188p and averaged 143.3p (-6.6p).
In the rough ring 123 cows averaged 137.6p.
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