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Agricultural Holdings (Scotland) Act 2003

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Chapter 3SCompensation where compulsory acquisition of land

54Compensation where compulsory acquisition of landS

(1)Subject to subsection (4), this subsection applies where, in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily, any person (the “acquiring authority”) acquires the interest of the tenant under, or takes possession of the land or any part of the land comprised in a lease constituting, a short limited duration tenancy [F1, a limited duration tenancy or a modern limited duration tenancy] .

(2)Where subsection (1) applies, compensation for disturbance is payable by the acquiring authority to the tenant of an amount equal to four times the annual rent of the land or, in the case of part of the land, four times the annual rent proportionate to that part.

(3)For the purposes of subsection (2), the tenant is deemed not to be the tenant in so far as, immediately before the acquiring of the interest or the taking of possession mentioned in subsection (1), the tenant was not in possession, nor entitled to take possession, of any of the land.

(4)Subsection (1) does not apply—

(a)where the acquiring authority requires the land or part of the land for the purposes of agricultural research or experiment or of demonstrating agricultural methods; or

(b)where the Scottish Ministers acquire the land or part of the land under section 57(1)(c) or 64 of the Agriculture (Scotland) Act 1948 (c. 45).

(5)For the purposes of subsection (4)(a), where an acquiring authority exercises, in relation to any land, power to acquire or take possession of land compulsorily which is conferred on the authority by virtue of section 189 of the Town and Country Planning (Scotland) Act 1997 (c. 8) or section 7 of the New Towns (Scotland) Act 1968 (c. 16), the authority is deemed not to require the land for any purpose mentioned in that subsection.

(6)Schedule 8 to the 1991 Act has effect in relation to payments under subsection (2) as it does in relation to payments under section 56 (additional payments in consequence of compulsory acquisition etc.) of that Act, but as if—

(a)the references to sections 54 and 56 of that Act were references to that subsection;

(b)the references to sections 13 and 15 of that Act were references to sections 9 and 10 of this Act respectively; and

(c)any reference to, or in relation to, statutory small tenants were omitted.

(7)Any reference in this section to the acquisition of property is a reference to the vesting of the property in the person acquiring it.

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Amendments (Textual)

Commencement Information

I1S. 54 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(d) (with Sch.)

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