This item was published during the term of a previous administration that ended in April 2007
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Parliament approves Agricultural Holdings Bill
12/03/2003
The Agricultural Holdings (Scotland) Bill - viewed
by the Executive as a key part of its land reform agenda -
was today passed by the Scottish Parliament by 93 votes to
15.
Environment and Rural Development Minister Ross Finnie
welcomed the decision by MSPs to back the legislation and
said the Bill would provide new opportunities to
reinvigorate the tenanted farm sector.
Mr Finne said:
"This Bill is the most ambitious piece of legislation to
affect the tenanted farm sector in Scotland for over fifty
years. It offers tenants and landowners a firm and secure
basis to address new opportunities to gear their businesses
to meet the challenges of the 21st century.
"Central to the Bill is the creation of new types of
agricultural tenancy which, I believe, address many of the
inequities and anomalies which have been a blight on the
industry's progress for generations.
"Without the establishment of the Scottish Parliament
this issue which affects 16,000 tenant farmers in Scotland,
would never have been addressed and scrutinised.
"Today's debate demonstrated the commitment and
importance both the Parliament and the Executive attach to
developing a vibrant tenanted farm sector in Scotland.
"The Scottish Executive is proud of this ambitious piece
of legislation which has been developed with the industry.
Today's decision by the Parliament fulfils our
determination to reform land ownership in Scotland in order
to offer rural communities the chance to take greater
control of their own development."
The Agricultural Holdings (Scotland) Bill was introduced
to the Scottish Parliament on September 16, 2002.
It addresses:
- new limited duration tenancies to provide for a
safe vehicle for landowners to let land and encourage
small landowners to enter the market, giving greater
flexibility and diversification opportunities for
tenant farmers.
- cheaper and easier procedures for resolving
disputes
- a new pre-emptive Right to Buy for tenants when the
landowner wishes to sell.
- anomalies in the tenanted farmer sector such
as potential avoidance mechanisms in the form
of limited partnerships
- the operation of the Rent Review process which was
felt to have insufficient regard to the economic
conditions in which farming operates
- the use of write down or post lease agreements
which often worked against the tenants interests
- problems in ensuring smooth succession of the
tenancy to the next generation which often left
tenanted businesses unable to plan ahead
The
Agricultural Holdings (Scotland) Bill now awaits Royal
Assent and a Commencement Order in which it will come into
force.