Business Bulletin No. 10/2003
Friday 17 January 2003
Section G: Bills: Notices and Amendments
New amendments to Bills lodged on 16 January 2003
Agricultural Holdings (Scotland) Bill - Stage 2
After section 54
<Terms of leases
After section 10 (power of landlord to enter on holding) of the 1991 Act there is inserted-
"10A Assignation and subletting of tenancies
(1) A lease of an agricultural holding may be assigned by the tenant if, following notice under subsection (2), the landlord consents to a proposed assignation.
(2) The tenant must give the landlord a notice in writing of any intention of the tenant to assign the lease; and the notice must include the particulars of the proposed assignee, the terms upon which the assignation is to be made and the date on which it is to take effect.
(3) The landlord may withhold consent to the proposed assignation if there are reasonable grounds for doing so; and, in particular the landlord may withhold consent if not satisfied as to whether the proposed assignee-
(a) would have the ability to pay-
(i) the rent due under the lease; or
(ii) for adequate maintenance of the land; or
(b) has the skills or experience that would be required properly to manage and maintain the land in accordance with the rules of good husbandry.
(4) Any such withholding of consent (and the grounds for withholding it) is to be intimated in writing to the tenant within 30 days of the giving of the notice under subsection (2); and, if no such intimation is made, the landlord is (except where the landlord exercises the right under subsection (5) to acquire the tenant's interest in the tenancy) deemed to have consented to the proposed assignation.
(5) Where the landlord has been given notice under subsection (2), the landlord is entitled to acquire the tenant's interest in the tenancy provided that-
(a) the landlord gives the tenant notice-
(i) in writing; and
(ii) within 30 days of the giving of the notice under subsection (2),
of the landlord's intention to acquire that interest; and
(b) the terms upon which the landlord acquires that interest are no less favourable to the tenant than the terms upon which the proposed assignation was to have been made.
(6) Any lease or agreement between the landlord and tenant which purports to provide that the lease of an agricultural holding may not be assigned under this section shall be null and void.
(7) A tenant may sub-let the land comprised in a lease of an agricultural holding only on such basis as the lease expressly permits.".>
Land Reform (Scotland) Bill - Stage 3
166 In section 1, page 1, line 10, leave out <rights secured> and insert <statutory rights established>
167 In section 2, page 2, leave out lines 20 to 23
168 In section 6, page 4, line 23, after <2001,> insert <all>
169 In section 6, page 4, line 26, after <2001,> insert <all>
170 In section 10, page 6, line 20, at end insert-
<( ) persons are to be regarded as carrying on activities, otherwise than in the course of exercising access rights, in a way which is likely to affect the exercise of these rights by other persons;>
171 In section 15, page 10, line 4, after <regard> insert <to the extent to which there are existing facilities in their area for the purposes of assisting persons to exercise access rights; and
(b) have regard>
172 In section 16, page 10, line 15, after <than> insert-
173 In section 16, page 10, line 16, at end insert-
<( b) land which has been exempted by order made by the local authority under section (Power to exempt particular land from access rights)(1)(a) of this Act.>
174 In section 37, page 27, line 32, leave out <or (7)(c)>
175 In section 63, page 42, line 16, leave out <or (7)(c)>
Mental Health (Scotland) Bill Stage 2
Mrs Mary Mulligan
491 In section 55, page 33, line 17, at end insert <or, as the case may be, place>
Proposals for Members Bills
Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters names shown in bold. The member who lodged such a proposal has the right to introduce a Members Bill to give effect to that proposal under rule 9.14.
Bill Butler: Proposed Direct Elections to National Health Service Boards (Scotland) BillProposal for a Bill to require direct elections, for the public, to the majority of places on National Health Service Boards in Scotland (lodged 19 December 2002)
Supported by: Cathie Craigie, Margaret Jamieson, Scott Barrie, Jackie Baillie, Kate Maclean, Karen Whitefield, Mr Tom McCabe, Marilyn Livingstone, Paul Martin, Elaine Thomson, Helen Eadie, Johann Lamont, Pauline McNeill, Brian Fitzpatrick, Mr Michael McMahon, Karen Gillon, Janis Hughes, Dennis Canavan, Tommy Sheridan, John McAllion