Table 1 below compares the existing and new wording (added wording emphasised in column 2):
Table 1: Proposed changes to Section 40(9) of the 2003 Act1: Current wording of Section 40(9)2: New wording as amended by the BillThe landlord may object to the notice of diversification if (and only if)—(a)the landlord reasonably considers that the intended use of the land for the non-agricultural purpose (including any proposed changes to the land) would—(i)lessen significantly the amenity of the land or the surrounding area;(ii)substantially prejudice the use of the land for agricultural purposes in the future;(iii)be detrimental to the sound management of the estate of which the land consists or forms part; or(iv)cause the landlord to suffer undue hardship;(b)where the notice specifies an intention to use the land for a non-agricultural or business purpose and sets out how these changes are to be financed and managed, the landlord reasonably considers that it fails to demonstrate that the proposed changes are, or, as the case may be, the business (so far as relating to the land) is, viable; or(c)the tenant has failed to provide information reasonably requested by the landlord within the specified timescales.The landlord may object to the notice of diversification if (and only if)—(a)the landlord reasonably considers that the intended use of the land for the non-agricultural purpose (including any proposed changes to the land) would—(i)lessen significantly the amenity of the land or the surrounding area;(ii)substantially prejudice the use of the whole of the land comprised in the lease for the purpose of sustainable and regenerative agriculture in the future;(iii)be substantially detrimental to the sound management of the estate of which the land consists or forms part; or(iv)cause the landlord to suffer undue hardship;(b)where the notice specifies an intention to use the land for a non-agricultural or business purpose and sets out how these changes are to be financed and managed, the landlord reasonably considers that it fails to demonstrate that the proposed changes are, or, as the case may be, the business (so far as relating to the land) is, viable; or(c)the tenant has failed to provide information reasonably requested by the landlord within the specified timescales.If the landlord objects to the notice of diversification or sets conditions for carrying out the diversification (as per Section 40(11) of the 2003 Act), the Bill provides that they must explain why they consider the grounds for objecting or the conditions for carrying out the diversification to be reasonable.
The Bill gives Scottish...