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Agricultural Holdings (Scotland) Act 2003
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68Restoration of agricultural holding following mineral exploitation
This section has no associated Explanatory Notes
After section 29 (notice to quit part of holding to be valid in certain cases) of the 1991 Act there is inserted—
“29AHolding to be restored in certain circumstances
(1)Subsection (2) below applies where the tenancy of part of an agricultural holding has been terminated by reason of a notice to quit which is rendered valid by virtue of subsections (1)(b) and (2)(f) of section 29 of this Act.
(2)Where—
(a)this subsection applies; and
(b)the land which formed that part has subsequently been made suitable for, and is available for, agricultural use,
that land shall, if the conditions in subsection (3) below are fulfilled, be restored to the holding.
(3)The conditions are that—
(a)the tenancy of the holding continues in force with the same landlord and tenant under the lease; and
(b)any compensation paid to the tenant in consequence of the termination was calculated on the basis that the holding would be restored under this section.”.
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