Apr 24 2013
SCOTTISH GOVERNMENT LOSES SALVESEN RIDDELL APPEAL
The Scottish Tenant Farmers Association has recorded its extreme disappointment that the UK Supreme Court has refused the Scottish Government’s appeal against the Court of Session’s ruling in the Salvesen Riddell case. The UK’s highest law court has now confirmed that the provision in S72 of the Agricultural Holdings Act in 2003 to give additional protection to tenants in Limited Partnerships contravenes ECHR and is outside the competence of the Scottish Parliament.
In recognising the complexity of the legislation the Supreme Court has given the Scottish Government a year to correct the defective legislation and to find solutions for the competing interests of the individuals involved. The Government will be working closely with the Parliament and industry stakeholders in identifying a suitable way forward.
Commenting on the Court’s ruling STFA chairman Christopher Nicholson said; “This news will come as a bitter blow to those tenants, families and businesses who will be affected by the court’s ruling. The original legislation was enacted in a genuine attempt to put a stop to Limited partnerships being terminated and it is very disappointing that, 10 years on, we are now told that the law is not competent.
“Our priority will now be to try and safeguard the interests of tenants who are affected by the legislation. Tenants who have used the legislation in good faith must not be penalised further and it is important that the rights of the 500 or so tenants still in Limited Partnerships are not prejudiced by this decision. We have already been in discussion with government officials to this end and will be working closely with them and other stakeholders in the coming weeks and months. “