(1)Where [F1, on an application made by the landlord under section 40A(2),] the Land Court determines that an objection by the landlord to a notice of diversification is unreasonable—
(a)the objection is of no effect; and
(b)the land may be used—
(i)as mentioned in paragraph (a) of subsection (4) of section 40; and
(ii)from such date as the Court may fix,
subject to any conditions imposed under subsection (2).
(2)Where, by virtue of subsection (1), the land may be used as mentioned in section [F240(4)(a) or (5A)] , the Land Court may impose on the tenant such reasonable conditions in relation to the use of the land as so mentioned as it considers appropriate.
(3)Where [F3, on the application of the tenant,] the Land Court determines that a condition imposed by the landlord under section 40(10) [F4or, as the case may be, (14)] is unreasonable, the Court may—
(a)remove the condition; and
(b)in its place, impose on the tenant such reasonable conditions as it considers appropriate.
Textual Amendments
F1Words in s. 41(1) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(a), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)
F2Words in s. 41(2) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(b), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)
F3Words in s. 41(3) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(c)(i), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)
F4Words in s. 41(3) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(c)(ii), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)
Commencement Information
I1S. 41 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(c) (with Sch.)