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Cabinet Secretary on ARTB and Limited Partnerships

This week Richard Lochhead appeared before the Rural Affairs, Climate Change and Environment Committee (RACCE) to discuss the proposed Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014, which results from the UK Supreme Court’s ruling on the Salvesen v Riddell court case.

During the session Mr Lochhead said: “The committee might recall that I said—on the record—in September 2013 that “consideration of the absolute right to buy will be restricted to secure agricultural tenancies under the Agricultural Holdings (Scotland) Act 1991.”—[Official Report, Rural Affairs, Climate Change and Environment Committee, 18 September 2013; c 2557.] In November 2013, I said that “consideration will be limited to traditional secure 1991 agricultural tenancies”.

I make it clear that those who have extended limited partnerships as part of a voluntary agreement, and those who remain in limited partnership 1991 act tenancies, are not to be included in the scope of the review of the absolute right to buy and secure agricultural tenancies under the 1991 act.

I accept that, in group 2, some tenants have ended up with a secure 1991 act tenancy, but that outcome has been judged to be unlawful and is being addressed by the remedy. I also provide assurance that, if the landlord does not convert a secure 1991 act tenancy into a non-secure tenancy, we will exempt the farm from the absolute right to buy, if that measure is introduced as a result of the on-going review of agricultural holdings legislation”.

The Official report of the meeting can be accessed here...


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