Agricultural holdings and tenant farming guide

Agricultural holdings legislation

The following legislation provides the basis for the legal framework for the tenant farming sector in Scotland.

• Agricultural Holdings (Scotland) Act 2012
•  The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 
•  Agricultural Holdings (Scotland) Act 2003 
•  Agricultural Holdings (Scotland) Act 1991

The Land Reform (Scotland) Act 2016, received Royal Assent on 22 April 2016 and brought forward a number of the recommended changes to current agricultural holdings legislation proposed by the Agricultural Holdings Legislation Review Group in their Final Report. 

As was always planned, Part 10 of the  Act is being implemented in phases.  This measured approach to implementation is important due to the complex and sensitive issues involved in some elements and the need to consult with stakeholders as and when required.

The following commencement orders are now in force.

• The Land Reform (Scotland) Act 2016 (Commencement No.3, Transitory and Saving Provisions) Regulations 2016
• The Land Reform (Scotland) Act 2016 (Consequential and Savings Provisions) Regulations 2016    
• The Land Reform (Scotland) Act 2016 (Commencement No.5 and Transitory Provisions) Regulations 2017
• The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) (Modern Limited Duration Tenancies) Miscellaneous Amendments Regulations 2017
• The Agricultural Holdings (Modern Limited Duration Tenancies and Consequential etc. Provisions) (Scotland) Regulations 2017
• The Agricultural Holdings (Scotland) Act 1991 (Variation of Schedule 5) Order 2019
• The Agricultural Holdings (Relinquishment and Assignation) (Application to Relevant Partnerships) (Scotland) Regulations 2021 (legislation.gov.uk)
• The Land Reform (Scotland) Act 2016 (Commencement No. 12) Regulations 2020
• The Agricultural Holdings (Relinquishment and Assignation) (Scotland) Regulations 2020