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Agricultural Holdings (Scotland) Act 2003

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This is the original version (as it was originally enacted).

33Appointment of valuer

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(1)Where the price is not agreed between the seller and the tenant, the land is, except where subsection (2) applies, to be valued by a valuer appointed by agreement between the seller and the tenant or by a person nominated by them.

(2)This subsection applies where the land in respect of which the tenant is exercising a right to buy forms part of an estate comprising other land in respect of which any other tenant has given notice under section 29(2) or (4) of the tenant’s intention to buy.

(3)Where subsection (2) applies, the land mentioned in that subsection is to be valued by a valuer appointed by agreement between—

(a)the seller; and

(b)at least half of the tenants mentioned in that subsection,

or by a person nominated by them.

(4)Where there is no agreement as to the appointment of a valuer under subsection (1) or (3), the valuer is to be appointed by the Land Court or by a person nominated by the Court.

(5)In this Part, “valuer” includes two valuers with an oversman.

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