United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 1991-09-25, as the publisher states.
Copy read on 2026-11-09. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 c774ab399d31cec6530d456f63727be96869b441edaafee5892432ce4a891e0c
No one has proposed a change to this act yet.
The landlord of an agricultural holding, whatever may be Power of his estate or interest in the holding, may for the purposes of this limited owners Act give any consent, make any agreement, or do or have done to to him any act which he might give or make or do or have done to him if he were absolute owner of the holding.
Propose a changeThe price of any entailed land sold under the provisions of the Entail Acts, when such price is entailed estate within the meaning of those Acts, may be applied by the heir of entail inrespect of the remaining portion of the entailed estate, or in respect of any other estate belonging to him and entailed upon the same series of heirs, in payment of any expenditure and expenses incurred by him in pursuance of this Act in carrying out or paying compensation for any old improvement specified in Part I or Part 11 of the Second or Third Schedule to this Act or any new improvement specified in Part I or Part II of the First Schedule thereto, or in discharge of any charge with which the estate is burdened in pursuance of this Act in respect of such an improvement.
Propose a change(1) Where on or after the first day of November, nineteen hundred and forty-eight, the landlord of an agricultural holding, not being the absolute owner of the holding, has paid to the tenant of the holding the amount due to him under this Act, or under custom or agreement, or otherwise, in respect of compensation for an old or a new improvement or in respect of compensation for disturbance, or has himself defrayed the cost of an improvement proposed to be executed by the tenant, the Secretary of State may, on the application of the landlord and after giving not less than fourteen days notice to the absolute owner of the holding, make in favour of the landlord a charging order charging and burdening the holding with an annuity to repay the amount of the compensation or of the cost of the improvement, as the case may be, together with the expenses of obtaining the charging order and recording it in the appropriate Register of Sasines; and the provisions of subsections (2) and (4) and of subsections (6) to (10) of section 65 of the Water (Scotland) Act, 1980, shall, with the following and any other necessary modifications, apply to any such charging order— (a) for any reference to the islands or district council there shall be substituted a reference to the Secretary of State; (b) for any reference to the period of thirty years there shall be substituted in the case of a charging order made in respect of compensation for, or of the cost of, an improvement a reference to the period within which the improvement will, in the opinion of the Secretary of State, have become exhausted; (c) for references to Part V of the said Act of 1980 there shall be substituted references to this Act. (2) An annuity constituted a charge by a charging order recorded in the appropriate Register of Sasines shall be a charge on the holding specified in the order and shall rank after all prior charges heritably secured thereon. (3) The creation of a charge on a holding under this section shall not be deemed to be a contravention of any prohibition against charging or burdening contained in the deed or instrument under which the holdin is held.
Propose a changeAny company now or hereafter incorporated by Parliament or incorporated under the Companies Act, 1948, and having power to advance money for the improvement of land, or for the cultivation and farming of land, may make an advance of money upon a charging order duly made and recorded under this Act, on such terms and conditions as may be agreed upon between the company and the person entitled to the order.
Propose a changeWhere the landlord or the tenant of an agricultural holding is a pupil or a minor or is of unsound mind, not having a tutor, curator or other guardian, the sheriff, on the application of any person interested, may appoint to him, for the purposes of this Act, a tutor or a curator, and may recall the appointment and appoint another tutor or curator if and as occasion requires.
Propose a changelt shall be no objection to any consent in writing or agreement in writing under this Act signed by the parties thereto or by any persons authorised by them that the consent or agreement has not been executed in accordance with the enactments regulating the execution of deeds in Scotland.
Propose a change(1) This Act shall apply to land belonging to His majesty in right of the Crown, subject to such modifications as may be prescribed; and for the purposes of this Act the Commissioners of Crown Lands or other the proper officer or body having charge of the land for the time being, or if there is no such officer or body, such person as His Majesty may appoint in writing under the Royal Sign Manual, shall represent His Majesty and shall be deemed to be the landlord. (2) Without prejudice to the provisions of the foregoing subsection it is hereby declared that the provisions of this Act apply to land notwithstanding that the interest of the landlord or the tenant thereof belongs to a government department or is held on behalf of His Majesty for the purposes of any government department; but in their application to any land belonging, or an interest in which is held as aforesaid, the said provisions shall have effect subject to such modifications as may be prescribed. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Any section of this Act under which any matter is referred to the decision of the Secretary of State shall, in its application to an agricultural holding of which the Secretary of State is himself the landlord or the tenant, have effect with the substitution of the Land Court for the Secretary of State, and any provision in any such section for an appeal to an arbiter from the decision of the Secretary of State shall not apply. (2) The provisions of this Act shall, in their application to any arbitration with regard to an agricultural holding of which the Secretary of State is himself the landlord or the tenant, have effect with the substitution of the Land Court for the Secretary of State.
Propose a change(1) All expenses incurred by the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament. (2) All sums received by the Secretary of State under this Act, including sums received on his behalf by any person or body of persons exercising functions on behalf of the Secretary of State, shall be paid into the Exchequer.
Propose a change(1) Any person authorised by the Secretary of State in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, any of the powers conferred on the Secretary of State by this Act are to be exercised in relation to the land, or whether, and if so in what manner, any direction given under any such power has been complied with. (2) Any person authorised by the Secretary of State who proposes to exercise any power of entry or inspection conferred by this Act shall, if so required, produce some duly authenticated document showing his authority to exercise the power. (3) Admission to any land used for residential purposes shall not be demanded as of right in the exercise of any such power as aforesaid unless twenty-four hours notice of the intended entry has been given to the occupier of the land. (4) Save as provided by the last foregoing subsection, admission to any land shall not be demanded as of right in the exercise of any such power as aforesaid unless notice has been given to the occupier of the land that it is proposed to enter during a period, specified in the notice, not exceeding fourteen days and beginning at least twenty-four hours after the giving of the notice and the entry is made on the land during the period specified in the notice. (5) Any person who obstructs any person authorised by the Secretary of State exercising any such power as aforesaid shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale in the case of a first offence or level 2 on the standard scale in the case of a second or any subsequent offence.
Propose a change(1) Any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him, or left at his proper address, or sent to him by post in a registered letter. (2) Any such document required or authorised to be given to or served on an incorporated company or body shall be duly given or served if given to or served on the secretary or clerk of the company or body. (3) For the purposes of this section and of section twenty-six of the Interpretation Act, 1889, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question. (4) Unless or until the tenant of an agricultural holding shall have received notice that the person theretofore entitled to receive the rents and profits of the holding (hereinafter referred to as “the original landlord”) has ceased to be so entitled, and also notice of the name and address of the person who has become entitled to receive such rents and profits, any notice or other document served on or delivered to the original landlord by the tenant shall be deemed to have been served on or delivered to the landlord of the holding.
Propose a changeWhere any jurisdiction committed by this Act to the sheriff is exercised by the sheriff substitute, there shall be no appeal to the sheriff.
Propose a changeAny power conferred on the Secretary of State by this Act to make an order shall include a power, exercisable in the like manner and subject to the like conditions, to revoke or vary the order.
Propose a change(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— “absolute owner” means the owner or person capable of disposing by disposition or otherwise of the fee simple or dominium utile of the whole interest of or in land, although the land, or his interest therein, is burdened, charged, or encumbered; “agricultural holding” has the meaning assigned to it by section one of this Act; “agricultural unit” means land which is an agricultural unit for the purposes of the Agriculture (Scotland) Act, 1948; “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly; “building” includes any part of a building; “Defence Regulations” means Regulations made under the Emergency Powers (Defence) Acts, 1939 and 1940; “fixed equipment” includes any building or structure affixed to land and any works on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or of produce thereof, or amenity, and, without prejudice to the foregoing generality, includes the following things, that is to say— (a) all permanent buildings, including farm houses and farm cottages, necessary for the proper conduct of the agricultural holding; (b) all permanent fences, including hedges, stone dykes, gate posts and gates; (c) all ditches, open drains and tile drains, conduits and culverts, ponds, sluices, flood banks and main water courses; (d) stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding; (e) farm access or service roads, bridges and fords; (f) water and sewerage systems; (g) electrical installations including generating plant, fixed motors, wiring systems, switches and plug sockets; (h) shelter belts; and references to fixed equipment on land shall be construed accordingly; “former enactment relating to agricultural holdings” means Part I of the Agriculture (Scotland) Act, 1948, Part II of the Small Landholders and Agricultural Holdings (Scotland) Act, 1931, the Agricultural Holdings (Scotland) Act, 1923, and any enactment repealed by the last-mentioned Act; “Land Court” means the Scottish Land Court; “landlord” means any person for the time being entitled to receive the rents and profits or to take possession of any agricultural holding, and includes the executor, administrator, assignee, heir-at-law, legatee, disponee, next-of-kin, guardian, curator bonis or trustee in bankruptcy, of a landlord; “lease” means a letting of land for a term of years, or for lives, or for lives and years, or from year to year; “livestock” includes any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land; “market garden” means a holding, cultivated, wholly or mainly, for the purpose of the trade or business of market gardening; “new improvement” has the meaning assigned to it by subsection (2) of section forty-seven of this Act; “old improvement” has the meaning assigned to it by subsection (2) of section thirty-six of this Act; “1923 Act improvement” and “1931 Act improvement” have the meanings respectively assigned to them by subsection (1) of section thirty-six of this Act; “pasture” includes meadow; “prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; “produce” includes anything (whether live or dead) produced in the course of agriculture; “tenant” means the holder of land under a lease and includes the executor, administrator, assignee, heir-at-law, legatee, disponee, next-of-kin, guardian, curator bonis, or trustee in bankruptcy, of a tenant; “termination”, in relation to a tenancy, means the termination of the lease by reason of effluxion of time or from any other cause; “Whitsunday” and “Martinmas” in relation to any lease entered into on or after the first day of November, nineteen hundred and forty-eight, mean respectively the twenty-eighth day of May and the twenty-eighth day of November. (2) The provisions ot the Fifth and Sixth Schedules to the Agriculture (Scotland) Act, 1948, (which have effect respectively for the purpose of determining for the purposes of that Act whether the owner of agricultural land is fulfilling his responsibilities to manage it in accordance with the rules of good estate management and whether the occupier of such land is fulfilling his responsibilities to farm it in accordance with the rules of good husbandry) shall have effect for the purposes of this Act as they have effect for the purposes of that Act. (3) References in this Act to the farming of land include references to the carrying on in relation to the land of any agricultural activity. (4) References in this Act to the use of land for agriculture include, in relation to land forming part of an agricultural unit, references to any use of the land in connection with the farming of the unit. (5) References to the terms, conditions, or requirements of a lease of or of an agreement relating to an agricultural holding shall be construed as including references to any obligations, conditions or liabilities implied by the custom of the country in respect of the holding. (6) The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improvements or under any agreement made in pursuance of this Act. (7) Anything which by or under this Act is required or authorised to be done by, to or in respect of the landlord or the tenant of an agricultural holding may be done by, to or in respect of any agent of the landlord or of the tenant.
Propose a changeThe enactments specified in the Seventh Schedule to this Act shall have effect subject to the amendments specified in that Schedule.
Propose a change(1) References, in whatever terms, in any enactment, other than an enactment contained in this Act, in the Agricultural Holdings (Scotland) Acts, 1923 and 1931, or in Part I of the Agriculture (Scotland) Act, 1948, to a holding within the meaning of the Agricultural Holdings (Scotland) Act, 1923, or of the Agricultural Holdings (Scotland) Acts, 1923 to 1948, shall be construed as references to an agricultural holding as defined by section one of this Act. (2) The foregoing subsection shall not apply to an enactment in so far as its operation is material for the purposes of the provisions of the said Acts of 1923 and 1931 or the said Act of 1948 to the extent to which they are excepted from the repeal of enactments effected by this Act.
Propose a changeThe compensation in respect of an improvement made or out begun before the first day of January, nineteen hundred and nine (being the date of the commencement of the Agricultural Holdings (Scotland) Act, 1908), or made upon an agricultural holding held under a lease, other than a lease from year to year, current on the first day of January, eighteen hundred and eighty-four, shall be such (if any) as could have been claimed if the Agricultural Holdings (Scotland) Acts, 1923 to 1948, and this Act had not passed, but the procedure for the ascertainment and recovery thereof shall be such as is provided by this Act, and the amount so ascertained shall be payable, recoverable and chargeable as if it were compensation under this Act.
Propose a changeSubject to the provisions of the next following section the enactments specified in the first and second columns of the Eighth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Propose a changeIn a case where the tenant of an agricultural holding has quitted the holding before the commencement of this Act, or quits it after the commencement of this Act in consequence of a notice to quit given (whether by him or his landlord) before the first day of November, nineteen hundred and forty-eight, or in consequence of a renunciation of the tenancy in pursuance of an agreement in writing made before that day, the provisions of this Act, so far as relating to the rights of landlords and tenants to compensation (including the provisions relating to the determination of compensation where a holding is divided, the apportionment of compensation in such a case and the payment of expenses caused by such an apportionment), and the payment and recovery of compensation shall not apply, and in lieu thereof the enactments specified in the Eighth Schedule to this Act, so far as relating to the matters aforesaid, shall continue to apply and shall accordingly be excepted from the operation of the last foregoing section.
Propose a change(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.
Propose a changeSubject to the provisions of subsection (2) of section twelve and subsection (1) of section sixty-eight of this Act in particular, and to any other provision of this Act which otherwise expressly provides, nothing in this Act shall prejudicially affect any power, right or remedy of a landlord, tenant or other person, vested in or exercisable by him by virtue of any other Act or law, or under any custom of the country, or otherwise, in respect of a lease or other contract, or of any improvements, deteriorations, away-going crops, fixtures, tax, rate, teind, rent or other thing.
Propose a change(1) This Act may be cited as the Agricultural Holdings (Scotland) Act, 1949. (2) This Act shall extend to Scotland only.
Propose a changeSections 11, 47, 50, 51, 52, 53, 63, 65, 79, 81, 86 Part I Improvements to which consent of landlord is required 1 Laying down of permanent pasture. 2 Making of water-meadows or works of irrigation. 3 Making of gardens. 4 Planting of orchards or fruit bushes. 5 Warping or weiring of land. 6 Making of embankments and sluices against floods. 7 Making or planting of osier beds. 8 Haulage or other work done by the tenant in aid of the carrying out of any improvement made by the landlord for which the tenant is liable to pay increased rent. PART II Improvements in respect of which notice to landlord is required 9 Land drainage. 10 Construction of silos. 11 Making or improvement of farm access or service roads, bridges and fords. 12 Making or improvement of watercourses, ponds or wells, or of works for the application of water power for agricultural or domestic purposes or for the supply of water for such purposes. 13 Making or removal of permanent fences, including hedges, stone dykes and gates. 14 Reclaiming of waste land. 15 Renewal of embankments and sluices against floods. 16 Provision of stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding. 17 Provision or laying on of electric light or power, including the provision of generating plant, fixed motors, wiring systems, switches and plug sockets. 18 Erection, alteration or enlargement of buildings, and making or improvement of permanent yards, loading banks and stocks. 19 Erection of hay or sheaf sheds, sheaf or grain drying racks, and implement sheds. 20 Provision of fixed threshing mills, barn machinery and fixed dairying plant. 21 Improvement of permanent pasture by cultivation and re-seeding. 22 Provision of means of sewage disposal. 23 Repairs to fixed equipment, being equipment reasonably required for the efficient farming of the holding, other than repairs which the tenant is under an obligation to carry out. Part III Improvements in respect of which consent of, or notice to, landlord is not required 24 Protecting fruit trees against animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Clay burning. 27 Claying of land. 28 Liming (including chalking) of land. 29 Marling of land. 30 Eradication of bracken, whins or broom growing on the holding at the commencement of the tenancy and, in the cases of arable land, removal of tree roots, boulders, stones or other like obstacles to cultivation. 31 Application to land of purchased manure and fertiliser, whether organic or inorganic. 32 Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuff not produced on the holding by horses, cattle, sheep, pigs or poultry. 33 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years prior to the termination of the tenancy, in so far as the value of the temporary pasture on the holding at the time of quitting exceeds the value of the temporary pasture on the holding at the commencement of the tenancy for which the tenant did not pay compensation.
Propose a changeSections 36, 39, 40 41 42, 44, 63, 65, 81, 86. Part I Improvements for which compensation is payable if consent of landlord was obtained to their execution 1 Erection, alterations, or enlargement of buildings. 2 Formation of silos. 3 Laying down of permanent pasture. 4 Making and planting of osier beds. 5 Making of water meadows or works of irrigation. 6 Making of gardens. 7 Making or improvernent of roads or bridges. 8 Making or improvement, of watercourses, ponds, wells, or reservoirs, or of works for the application of water power or for supply of water for agricultural or domestic purposes. 9 Making or removal of permanent fences. 10 Planting of hops. 11 Planting of orchards or fruit bushes. 12 Protecting young fruit trees. 13 Reclaiming of waste land. 14 Warping or weiring of land. 15 Embankments and sluices against floods. 16 Erection of wirework in hop gardens. 17 Provision of permanent sheep dipping accommodation. 18 In the case of arable land the removal of bracken, gorse, tree roots, boulders, or other like obstructions to cultivation. Part II Improvement for which compensation is payable if notice was given to landlord before execution thereof 19 Drainage. Part III Improvements for which compensation is payable without consent of, or notice to, landlord of their execution 20 Chalking of land. 21 Clay-burning. 22 Claying of land or spreading blaes upon land. 23 Liming of land. 24 Marling of land. 25 Application to land of purchased artificial or other purchased manure. 26 Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn, cake, or other feeding stuff not produced on the holding. 27 Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed oil the holding, of corn proved by satisfactory evidence to have been produced and consumed on the holding. 28 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years prior to the termination of the tenancy, in so far as the value of the temporary pasture on the holding at the time of quitting exceeds the value of the temporary pasture on the holding at the commencement of the tenancy for which the tenant did not pay compensation. 29 Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute.
Propose a changeSections 36, 39, 40 41, 42, 43, 44, 63, 65, 81, 86. Part I Improvements for which compensation is payable if consent of landlord was obtained to their execution 1 Erection, alteration, or enlargement of buildings. 2 Laying down of permanent pasture. 3 Making and planting of osier beds. 4 Making of water meadows or works of irrigation. 5 Making of gardens. 6 Planting of orchards or fruit bushes. 7 Protecting young fruit trees. 8 Warping or weiring of land. 9 Making of ernbankments and sluices against floods. Part II Improvements for which compensation is payable if notice was given to landlord before execution thereof 10 Drainage. 11 Formation of silos. 12 Making or improvement of roads or bridges. 13 Making or improvement of watercourses, ponds or wells, or of works for the application of water power or for the supply of water for agricultural or domestic purposes. 14 Making or removal of permanent fences. 15 Reclaiming of waste land. 16 Repairing or renewal of embankments and sluices against floods. 17 Provision of sheep dipping accommodation. 18 The provision of electrical equipment other than moveable fittings and appliances. Part III Improvements for which compensation is payable without consent of, or notice to, landlord of their execution 19 Chalking of land. 20 Clay-burning. 21 Claying of land or spreading blaes upon land. 22 Liming of land. 23 Marling of land. 24 Eradication of bracken, whins, or gorse growing on the holding at the commencement of a tenancy and in the case of arable land the removal of tree roots, boulders, stones or other like obstacles to cultivation. 25 Application to land of purchased artificial or other purchased manure. 26 Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding, of corn, cake, or other feeding stuff not produced on the holding. 27 Consumption on the holding by cattle, sheep, or pigs, or by horses other than those regularly employed on the holding of, corn proved by satisfactory evidence to have been produced and consumed on the holding. 28 Laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years prior to the termination of the tenancy, in so far as the value of the temporary pasture on the holding at the time of quitting exceeds the value of the temporary pasture on the holding at the commencement of the tenancy for which the tenant did not pay compensation. 29 Repairs to buildings, being buildings necessary for the proper cultivation or working of the holding, other than repairs which the tenant is himself under an obligation to execute.
Propose a changeSections 65, 66, 79, 86. 1 Planting of standard or other fruit trees permanently set out. 2 Planting of fruit bushes permanently set out. 3 Planting of strawberry plants. 4 Planting os asparagus, rhubarb, and other vegetable crops which continue productive for two or more years. 5 Erection, alteration or enlargement of buildings for the purpose of the trade or business of a market gardener.
Propose a changeSection 4. 1 The names of the parties. 2 Particulars of the holding with sufficient description, by reference to a map or plan, of the fields and other parcels of land comprised therein to identify the extent of the holding. 3 The term or terms for which the holding or different parts thereof is or are agreed to be let. 4 The rent and the dates on which it is payable. 5 An undertaking by the landlord in, the event of damage by fire to any building comprised in the holding to reinstate or replace the building if its reinstatement or replacement is required for the fulfilment of his responsibilities to manage the holding in accordance with the rules of good estate management, and (except where the interest of the landlord is held for the purposes of a government department or a person representing His Majesty under section eighty-six of this Act is deemed to be the landlord, or where the landlord has made provision approved by the Secretary of State for defraying the cost of any such reinstatement or replacement as aforesaid) an undertaking by the landlord to insure to their full value all such buildings against damage by fire. 6 An undertaking by the tenant, in the event of the destruction by fire of harvested crops grown on the holding for consumption thereon, to return to the holding the full equivalent manurial value of the crops destroyed, in so far as the return thereof is required for the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry, and (except where the interest of the tenant is held for the purposes of a government department or where the tenant has made provision approved by the Secretary of State in lieu of such insurance) an undertaking by the tenant to insure to their full value all dead stock on the holding and all such harvested crops as aforesaid against damage by fire.
Propose a changeSections 75, 76, 99. Appointment of arbiter 1 A person agreed upon between the parties or, in default of agreement, appointed on the application in writing of either of the parties by the Secretary of State from among the members of the panel constituted under this Act for the purpose, shall be appointed arbiter. 2 If a person appointed arbiter dies, or is incapable of acting, or for seven days after notice from either party requiring him to act fails to act, a new arbiter may be appointed as if no arbiter had been appointed. 3 Neither party shall have the power to revoke the appointment of the arbiter without the consent of the other party. 4 Every appointment, notice, revocation and consent under the foregoing provisions of this Schedule must be in writing. Particulars of Claim 5 Each of the parties to the arbitration shall within twenty-eight days from the appointment of the arbiter deliver to him a statement of that party’s case with all necessary particulars; and (a) no amendment or addition to the statement or particulars delivered shall be allowed after the expiration of the said twenty-eight days except with the consent of the arbiter; (b) a party to the arbitration shall be confined at the hearing to the matters alleged in the statement and particulars so delivered and any amendment thereof or addition thereto duly made. Evidence 6 The parties to the arbitration, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbiter on oath or affirmation in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbiter all samples, books, deeds, papers, accounts, writings, and documents, within their possession or power respectively which may be required or called for, and do all other things which during the proceedings the arbiter may require. 7 The arbiter shall have power to administer oaths, and to take the affirmation of parties and witnesses appearing, and witnesses shall, if the arbiter thinks fit, be examined on oath or affirmation. Award 8 The arbiter shall make and sign his award within three months of his appointment or within such longer period as may, either before or after the expiry of the aforesaid period be agreed to in writing by the parties, or be fixed by the Secretary of State. 9 The arbiter may, if he thinks fit, make an interim award for the payment of any sum on account of the sum to be finally awarded. 9A An arbiter appointed by the Secretary of State or the Land Court in an arbitration under section 7(1) of this Act shall, in making his award, state in writing his findings of fact and the reasons for his decision and shall make such statement available to the Secretary of State and the parties. 10 The award , and any statement made under paragraph 9A of this Schedule, shall be in such form as may be specified by statutory instrument made by the Secretary of State. 11 The arbiter shall— (a) state separately in his award the amounts awarded in respect of the several claims referred to him; and (b) on the application of either party, specify the amount awarded in respect of any particular improvement or any particular matter the subject of the award. 12 Where by virtue of this Act compensation under an agreement is to be substituted for compensation under this Act for improvements, the arbiter shall award compensation in accordance with the agreement instead of in accordance with this Act. 13 The award shall fix a day not later than one month after delivery of the award for the payment of the money awarded as compensation, expenses or otherwise. 14 Subject to section 75(1A) of this Act, the award to be made by the arbiter shall be final and binding on the parties and the persons claiming under them respectively. 15 The arbiter may correct in an award any clerical mistake or error arising from any accidental slip or omission. Expenses 16 The expenses of and incidental to the arbitration and award shall be in the discretion of the arbiter, who may direct to and by whom and in what manner those expenses or any part thereof are to be paid, and the expenses shall be subject to taxation by the auditor of the sheriff court on the application of either party, but that taxation shall be subject to review by the sheriff. 17 The arbiter shall, in awarding expenses, take into consideration the reasonableness or unreasonableness of the claim of either party whether in respect of amount or otherwise, and any unreasonable demand for particulars or refusal to supply particulars, and generally all the circumstances of the case, and may disallow the expenses of any witness whom he considers to have been called unnecessarily and any other expenses which he considers to have been incurred unnecessarily. 18 It shall not be lawful to include in the expenses of and incidental to the arbitration and award, or to charge against any of the parties, any sum payable in respect of remuneration or expenses to any person appointed by the arbiter to act as clerk or otherwise to assist him in the arbitration unless such appointment was made after submission of the claim and answers to the arbiter and with either the consent of the parties to the arbitration or the sanction of the sheriff. Statement of case 19 Subject to paragraph 20A of this Schedule, the arbiter may at any stage of the proceedings, and shall, if so directed by the sheriff (which direction may be given on the application of either party), state a case for the opinion of the sheriff on any question of law arising in the course of the arbitration. 20 Subject to paragraph 20A of this Schedule, the opinion of the sheriff on any case stated under the last foregoing paragraph shall be final unless, within such time and in accordance with such conditions as may be specified by act of sederunt, either party appeals to the Court of Session, from whose decision no appeal shall lie. 20A Where the arbiter in any arbitration under section 7(1) of this Act has been appointed by the Secretary of State or the Land Court paragraphs 19 and 20 of this Schedule shall not apply as regards the arbitration and instead the arbiter may at any stage of the proceedings state a case (whether at the request of either party or on his own initiative) on any question of law arising in the course of the arbitration for the opinion of the Land Court, whose decision shall be final. Removal of arbiter and setting aside of award 21 Where an arbiter has misconducted himself the sheriff may remove him. 22 When an arbiter has misconducted himself, or an arbitration or award has been improperly procured, the sheriff may set the award aside. Forms 23 Any forms for proceedings in arbitrations under this Act which may be specified by statutory instrument made by the Secretary of State shall, if used, be sufficient.
Propose a changeSection 94 The Small Landholders and Agricultural Holdings (Scotland) Act, 1931 In section twenty-six, for subsection (2) there shall be substituted the following subsection:— (2) This Part of this Act may be cited as the Small Landholders (Scotland) Act, 1931, and shall be construed as one with the Small Landholders (Scotland) Acts, 1886 to 1919, and those Acts and this Part of this Act may be cited together as the Small Landholders (Scotland) Acts, 1886 to 1931. The Hill Farming Act, 1946 The Hill Farming Act, 1946, shall, in its application to Scotland, have effect with the substitution for section nine thereof of the following section— Operation of the Agricultural Holdings (Scotland) Act, 1949, in relation to improvement schemes. 9 (1) Subject to the provisions of this section, the Agricultural Holdings (Scotland) Act, 1949, shall apply to improvements for which provision is made by an approved hill farming land improvement scheme as it applies to other improvements. (2) Where a tenant of an agricultural holding within the meaning of the said Act of 1949 has carried out thereon an improvement specified in Part I or Part II of the First Schedule to that Act in accordance with provision in such a scheme for the carrying out of the improvement and for the tenant’s being responsible for doing the work, being provision included in the scheme at the instance or with the consent of the landlord, then— (a) in the case of an improvement specified in the said Part I, the landlord shall be deemed to have consented as mentioned in section fifty of that Act in relation to the improvement; or (b) in the case of an improvement specified in the said Part II, the tenant shall be deemed to have given notice to the landlord as mentioned in section fifty-one of that Act in relation to the improvement and the landlord shall be deemed to have received the notice and to have given no such notice to the tenant as is mentioned in section fifty-two of that Act objecting to the carrying out of the improvement or to the manner in which the tenant proposes to carry out the work; and any agreement as to compensation or otherwise made between the landlord and the tenant in relation to the improvement shall have effect as if it had been such an agreement on terms as is mentioned in the said section fifty or the said section fifty-one as the case may be. (3) If on the ground of work being badly done the appropriate Minister withholds or reduces the improvement grant in respect of an improvement, he may direct that any right conferred by section eight of the Agricultural Holdings (Scotland) Act, 1949, to have the rent of an agricultural holding increased shall not be exercisable in respect of the improvement, or shall be exercisable only to such extent as may be specified in the direction, and any such direction given after that right has been exercised shall be retrospective and any excess rent paid shall be repaid accordingly. (4) In assessing the amount of any compensation payable, whether under the said Act of 1949 or under custom or agreement, to the tenant of an agricultural holding, if it is shown to the satisfaction of the person assessing the compensation that the improvement or cultivations in respect of which the compensation is claimed was or were wholly or in part the result of or incidental to work in respect of the cost of which an improvement grant has been paid or will be payable, the amount of the grant shall be taken into account as if it had been a benefit allowed to the tenant in consideration of his executing the improvement or cultivations, and the compensation shall be reduced to such extent as that person considers appropriate.
Propose a changeSections 97, 98, 99. Session and Chapter | Short Title | Extent of Repeal 13 & 14 Geo. 5. c. 10. | The Agricultural Holdings (Scotland) Act, 1923. | The whole Act. 13 & 14 Geo. 5. c. 25. | The Agriculture (Amendment) Act, 1923. | The whole Act. 19 & 20 Geo. 5. c. 25. | The Local Government (Scotland) Act, 1929. | In section forty-eight, the words from “or by an arbiter” to the end of the section. 21 & 22 Geo. 5. c. 42. | The Agricultural Marketing Act, 1931. | In section nineteen, in paragraph (6) the words “or other occupier of an agricultural holding”, and the words from “or by an arbiter” to the end of the paragraph. 21 & 22 Geo. 5. c. 44. | The Small Landholders and Agricultural Holdings (Scotland) Act, 1931. | Part II. In section forty-one, in subsection (1) the words from “and the Small Landholders Acts” to the end of the subsection. 1 Edw. 8 and 1 Geo. 6. c. 70. | The Agriculture Act, 1937. | Section five, so far as it relates to agricultural holdings. 2 & 3 Geo. 6. c. 48. | The Agricultural Development Act, 1939. | In section thirty, subsection (2) so far as it relates to agricultural holdings. 6 & 7 Geo. 6. c. 16. | The Agriculture (Miscellaneous Provisions) Act, 1943. | Section twenty-one. 9 & 10 Geo. 6. c. 73. | The Hill Farming Act, 1946. | In section thirty-nine, in subsection (1), paragraph (c). 11 & 12 Geo. 6. c. 45. | The Agriculture (Scotland) Act, 1948. | Part I, . . . In section eighty-four, the words “The Agricultural Holdings (Scotland) Acts 1923 and 1931, or”. The First and Second Schedules. In the Third Schedule, in paragraph 2, the words from “or a direction” to “permanent pasture” where those words first occur, and in paragraph 4, the words from the beginning to “this Act”. The Fourth and Ninth Schedules.
Propose a changePart I Grounds for Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984 Case 1 The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency. Case 2 (a) The holding or any agricultural unit of which it forms part is not a two-man unit; (b) the landlord intends to use the holding for the purpose of effecting an amalgamation within two years after the termination of the tenancy; and (c) the notice specifies the land with which the holding is to be amalgamated. Case 3 The tenant is the occupier (either as owner or tenant) of agricultural land which— is a two-man unit; is distinct from the holding and from any agricultural unit of which the holding forms part; and has been occupied by him since before the death of the person from whom he acquired right to the lease of the holding, and the notice specifies the agricultural land. Part II Grounds for Consent to Operation of Notice to Quit a Tenancy Let On or After 1 January 1984 Case 4 The tenant does not have sufficient financial resources to enable him to farm the holding with reasonable efficiency. Case 5 The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency: Provided that this Case shall not apply where the tenant has been engaged, throughout the period from the date of death of the person from whom he acquired right to the lease, in a course of relevant training in agriculture which he is expected to complete satisfactorily within four years from the said date and has made arrangements to secure that the holding will be farmed with reasonable efficiency until he completes that course. Case 6 (a) The holding or any agricultural unit of which it forms part is not a two-man unit; (b) the landlord intends to use the holding for the purpose of effecting an amalgamation within two years after the termination of the tenancy; and (c) the notice specifies the land with which the holding is to be amalgamated. Case 7 The tenant is the occupier (either as owner or tenant) of agricultural land which— is a two-man unit; is distinct from the holding; and has been occupied by him throughout the period from the date of giving of the notice, and the notice specifies the land. Part III Supplementary 1 For the purposes of section 26A of this Act and this Schedule— “amalgamation” means a transaction for securing that agricultural land which is comprised in a holding to which a notice to quit relates and which together with other agricultural land could form an agricultural unit, shall be owned and occupied in conjunction with that other land; “near relative” in relation to a deceased tenant of an agricultural holding means a surviving spouse or child of that tenant, including a child adopted by him in pursuance of an adoption order (as defined in section 23(5) of the Succession (Scotland) Act 1964); and “two-man unit” means an agricultural unit which in the opinion of the Land Court is capable of providing full-time employment for an individual occupying it and at least one other man. 2 For the purposes of determining whether land is a two-man unit, in assessing the capability of the unit of providing employment it shall be assumed that the unit is farmed under reasonably skilled management, that a system of husbandry suitable for the district is followed and that the greater part of the feeding stuffs required by any livestock kept on the unit is grown there. 3 For the purposes of Case 7 of this Schedule, occupation of agricultural land— (a) by a company which is controlled by the tenant shall be treated as occupation by the tenant; and (b) by a Scottish partnership shall, notwithstanding section 4(2) of the Partnership Act 1890, be treated as occupation by each of its partners.
Propose a change