Scottish Land & Estates has responded to the consultation on the proposed draft Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014, which follows the decision in the Salvesen case. A number of concerns have been raised, including whether all affected landlords have been afforded equal treatment by the proposed draft Order.
The submission underlines that the organisation:
- Has concerns as to whether all affected landlords have been afforded equal treatment by the proposed draft Order.
- Has reservations that all aspects of the proposed draft Order are fully compliant with ECHR.
- Considers that the interests of those in Groups 4 and 5 have not fully or adequately been addressed. In particular there are concerns in respect of those landlords who may have extended the Limited Partnership agreement in the context of the ongoing review of Agricultural Holdings legislation.
- Welcomes the statement that the Scottish Government will fund the costs of any mediation.
- Believes that there will be a number of claims for compensation by landowners who have suffered loss as a direct consequence of the defective legislation and that there may be a greater number of affected landowners and tenants than shown in the papers supporting the draft Order.