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Agricultural Holdings (Scotland) Act 2003

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This is the original version (as it was originally enacted).

41Imposition of conditions by Land Court

This section has no associated Explanatory Notes

(1)Where 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 40(4)(a), 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 the Land Court determines that a condition imposed by the landlord under section 40(10) 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.

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