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(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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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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