Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991)
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Change 1
99 General savings.
(1) Nothing in this Act shall affect any order, rule, regulation, record, appointment, application or complaint made, approval, consent or direction given, proceeding or assignation taken, notice served or given, certificate issued, condition imposed or thing done under a former enactment relating to agricultural holdings but any such order, rule, regulation, record, appointment, application, complaint, approval, consent, direction, proceeding, assignation, notice, certificate, condition, or thing which is in force at the commencement of this Act, shall continue in force, and so far as it could have been made, given, taken, served, issued, imposed or done under the corresponding provision of this Act shall (save where it is material only for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section) have effect as if it had been made, given, taken, served, issued, imposed or done under that corresponding provision: Provided that this subsection shall not apply to any such regulations or directions as are mentioned in the two next following subsections. (2) Nothing in this Act shall affect any regulations having effect for the purposes of section seventy-one or eighty of the Agriculture (Scotland) Act, 1948, which are in force at the commencement of this Act, but any such regulations shall continue to have effect for those purposes and shall also have effect for the purposes of sections seventy-two or seventy-one of this Act, as the case may be, as if they had been made by virtue of those sections respectively. (3) Nothing in this Act shall affect any direction given under subsection (1) of section five of the Agricultural Holdings (Scotland) Act, 1923, or the corresponding provision of an enactment repealed by that Act, by the Board or the Department of Agriculture for Scotland or by the Secretary of State, but any such direction which is in force at the commencement of this Act shall continue in force and shall (save where it is material only for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section) have efrect as if it were a direction of the Secretary of State under subsection (1) of section sixty-six of this Act. (4) Any notice deemed to have been given by the Secretary of State under the Second Schedule to the Agriculture (Scotland) Act, 1948, shall be deemed to have been given under subsection (2) of section twenty-eight of this Act. (5) Any provision of the Agricultural Holdings (Scotland) Act, 1923 or Part I of the Agriculture (Scotland) Act, 1948, or of any other enactment which (whatever its terms) has the effect of requiring a matter to be determined by arbitration under the said Act of 1923, shall be construed as having the effect of requiring that matter to be determined by arbitration under this Act, and an arbitration under the said Act of 1923 uncompleted at the commencement of this Act may be carried on and completed as if it had been begun under this Act: Provided that, in the application of the Sixth Schedule to this Act to an arbitration for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section, paragraph 12 of the said Sixth Schedule shall have effect with the substitution, for references to this Act, of references to those enactments. (6) Notwithstanding subsection (1) of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals) any reference which is or is to be construed as a reference to a former enactment relating to agricultural holdings or an enactment repealed by the Agricultural Holdings (Scotland) Act, 1908 (other than a reference in such an enactment or this Act or such a reference as is mentioned in subsection (1) of section ninety-five of this Act or adapted by the last foregoing subsection) shall, so far as the operation of the enactment in which the reference occurs is material for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section, be construed in like manner as if this Act had not passed, and otherwise shall (save where the context otherwise requires) be construed as a reference to the corresponding provision of this Act. (7) Any document referring to a former enactment relating to agricultural holdings or an enactment repealed by the Agricultural Holdings (Scotland) Act, 1908, shall, so far as it or its operation is material for the purposes of the enactment specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section, be construed in like manner as if this Act had not passed, and otherwise shall be construed as referring to the corresponding provision of this Act. (8) Nothing in this Act shall affect the provisions of the Allotments (Scotland) Act, 1922, or be construed as repealing— (a) section twenty-six of the Agriculture (Miscellaneous War Provisions) Act, 1940 (which excludes the operation of the Agricultural Holdings (Scotland) Acts, 1923 and 1931, in relation to certain tenancies granted during the war period); (b) section fifteen of the Agriculture (Miscellaneous Provisions) Act, 1943 (which relieves occupiers of agricultural land from liabilities and loss of compensation resulting from directions given under Defence Regulations); or (c) any enactment contained in Part II of the Agriculture (Scotland) Act, 1948. (9) Any person holding office or acting or serving under or by virtue of a former enactment relating to agricultural holdings shall continue to hold his office or to act or serve as if he had been appointed by or by virtue of the corresponding provision of this Act. (10) Notwithstanding subsection (2) of section thirty-eight of the Interpretation Act, 1889, rights to compensation conferred by this Act shall be in lieu of rights to compensation conferred by any former enactment relating to agricultural holdings. (11) Save to the extent to which it is otherwise provided by subsections (6) and (10) of this section, the mention of particular matters in this section shall not be taken to affect the general application of section thirty-eight of the Interpretation Act, 1889.
99 General savings.
(1) Nothing in this Act shall affect any order, rule, regulation, record, appointment, application or complaint made, approval, consent or direction given, proceeding or assignation taken, notice served or given, certificate issued, condition imposed or thing done under a former enactment relating to agricultural holdings but any such order, rule, regulation, record, appointment, application, complaint, approval, consent, direction, proceeding, assignation, notice, certificate, condition, or thing which is in force at the commencement of this Act, shall continue in force, and so far as it could have been made, given, taken, served, issued, imposed or done under the corresponding provision of this Act shall (save where it is material only for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section) have effect as if it had been made, given, taken, served, issued, imposed or done under that corresponding provision: Provided that this subsection shall not apply to any such regulations or directions as are mentioned in the two next following subsections. (2) Nothing in this Act shall affect any regulations having effect for the purposes of section seventy-one or eighty of the Agriculture (Scotland) Act, 1948, which are in force at the commencement of this Act, but any such regulations shall continue to have effect for those purposes and shall also have effect for the purposes of sections seventy-two or seventy-one of this Act, as the case may be, as if they had been made by virtue of those sections respectively. (3) Nothing in this Act shall affect any direction given under subsection (1) of section five of the Agricultural Holdings (Scotland) Act, 1923, or the corresponding provision of an enactment repealed by that Act, by the Board or the Department of Agriculture for Scotland or by the Secretary of State, but any such direction which is in force at the commencement of this Act shall continue in force and shall (save where it is material only for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section) have efrect as if it were a direction of the Secretary of State under subsection (1) of section sixty-six of this Act. (4) Any notice deemed to have been given by the Secretary of State under the Second Schedule to the Agriculture (Scotland) Act, 1948, shall be deemed to have been given under subsection (2) of section twenty-eight of this Act. (5) Any provision of the Agricultural Holdings (Scotland) Act, 1923 or Part I of the Agriculture (Scotland) Act, 1948, or of any other enactment which (whatever its terms) has the effect of requiring a matter to be determined by arbitration under the said Act of 1923, shall be construed as having the effect of requiring that matter to be determined by arbitration under this Act, and an arbitration under the said Act of 1923 uncompleted at the commencement of this Act may be carried on and completed as if it had been begun under this Act: Provided that, in the application of the Sixth Schedule to this Act to an arbitration for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section, paragraph 12 of the said Sixth Schedule shall have effect with the substitution, for references to this Act, of references to those enactments. (6) Notwithstanding subsection (1) of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals) any reference which is or is to be construed as a reference to a former enactment relating to agricultural holdings or an enactment repealed by the Agricultural Holdings (Scotland) Act, 1908 (other than a reference in such an enactment or this Act or such a reference as is mentioned in subsection (1) of section ninety-five of this Act or adapted by the last foregoing subsection) shall, so far as the operation of the enactment in which the reference occurs is material for the purposes of the enactments specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section, be construed in like manner as if this Act had not passed, and otherwise shall (save where the context otherwise requires) be construed as a reference to the corresponding provision of this Act. (7) Any document referring to a former enactment relating to agricultural holdings or an enactment repealed by the Agricultural Holdings (Scotland) Act, 1908, shall, so far as it or its operation is material for the purposes of the enactment specified in the Eighth Schedule to this Act so far as continued in force by virtue of the last foregoing section, be construed in like manner as if this Act had not passed, and otherwise shall be construed as referring to the corresponding provision of this Act. (8) Nothing in this Act shall affect the provisions of the Allotments (Scotland) Act, 1922, or be construed as repealing— (a) section twenty-six of the Agriculture (Miscellaneous War Provisions) Act, 1940 (which excludes the operation of the Agricultural Holdings (Scotland) Acts, 1923 and 1931, in relation to certain tenancies granted during the war period); (b) section fifteen of the Agriculture (Miscellaneous Provisions) Act, 1943 (which relieves occupiers of agricultural land from liabilities and loss of compensation resulting from directions given under Defence Regulations); or (c) any enactment contained in Part II of the Agriculture (Scotland) Act, 1948. (9) Any person holding office or acting or serving under or by virtue of a former enactment relating to agricultural holdings shall continue to hold his office or to act or serve as if he had been appointed by or by virtue of the corresponding provision of this Act. (10) Notwithstanding subsection (2) of section thirty-eight of the Interpretation Act, 1889, rights to compensation conferred by this Act shall be in lieu of rights to compensation conferred by any former enactment relating to agricultural holdings. (11) Save to the extent to which it is otherwise provided by subsections (6) and (10) of this section, the mention of particular matters in this section shall not be taken to affect the general application of section thirty-eight of the Interpretation Act, 1889.
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