Community Empowerment (Scotland) Act 2015

126 Termination of lease of allotment or allotment site

(1) Despite any provision to the contrary in the lease of an allotment or an allotment site, a local authority may terminate the lease of the whole or part of the allotment or allotment site on a specified date; but may do so only if the authority has given the tenant of the allotment or the allotment site notice of the termination in accordance with subsection (2).

(2) Notice is given in accordance with this subsection if—

(a) it is in writing, and

(b) it is given—

(i) if subsection (3) applies, at least one month before the specified date,

(ii) if subsection (4) applies, at least one year before the specified date.

(3) This subsection applies if, following the expiry of the period of 3 months beginning with the date on which the lease commenced, the tenant has failed to a material extent to comply with any provision of the regulations made under section 115(1).

(4) This subsection applies if the Scottish Ministers have consented to—

(a) the disposal of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 117,

(b) the change of use of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 117 or 118,

(c) the renunciation by the local authority of its lease of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 118.

(5) Before sending any notice under subsection (1), a local authority must—

(a) no later than one month before giving any notice under that subsection, write to the tenant to inform the tenant that the authority is proposing to give notice of termination under that subsection and give reasons for the authority’s proposal,

(b) allow the tenant the opportunity to make representations to the authority in relation to the authority’s proposal,

(c) take account of any representations received by it by virtue of paragraph (b), and

(d) either—

(i) write to the tenant to inform the tenant that the authority no longer proposes to give notice under subsection (1) for the reasons referred to in paragraph (a), or

(ii) give notice under subsection (1) for those reasons.

(6) A tenant who is aggrieved by a notice given under subsection (1) may appeal to the sheriff within 21 days of the date of the notice.

(7) If subsection (4) applies, an appeal under subsection (6) may be made on a point of law only.

(8) A notice under subsection (1) has no effect until—

(a) the period within which an appeal may be made under subsection (6) has elapsed without an appeal being made, or

(b) where such an appeal is made, the appeal is withdrawn or finally determined.

(9) The decision of the sheriff on appeal under this section is final.

(10) The Scottish Ministers may by regulations make further provision as to the procedure to be applied in connection with the exercise of the power conferred by subsection (1).

(11) Where, under subsection (2) of section 128, a local authority sends a copy of the notice mentioned in that subsection to a person, the authority need not also send a notice under subsection (1) of this section.

(12) In this section, “specified” means specified in the notice under subsection (1).