[F132UAssignation where landlord does not accept notice of intention to relinquishS
(1)This section applies where the tenant serves notice of intention to relinquish and the landlord—
(a)serves notice of declinature,
(b)fails to serve notice of acceptance before the expiry of the period of 28 days mentioned in section 32Q(4), or
(c)serves notice of acceptance but—
(i)serves notice of withdrawal before the expiry of the period of 6 months mentioned in section 32Q(5), or
(ii)fails to pay the amount of compensation required before the expiry of that period in accordance with section 32Q(2)(b).
(2)The tenant may, before the expiry of the period of 1 year beginning with the date mentioned in subsection (3), assign the lease of the holding to an individual who is a new entrant to, or who is progressing in, farming.
(3)That date is—
(a)the date notice of declinature is served,
(b)where the landlord fails to serve notice of acceptance before the expiry of the period of 28 days mentioned in section 32Q(4), the date falling at the end of that period,
(c)the date notice of withdrawal is served, or
(d)where the landlord fails to pay the amount of compensation required before the expiry of the period of 6 months mentioned in section 32Q(5), the date falling at the end of that period.]
Textual Amendments
F1Pt. 3A inserted (23.12.2016 for specified purposes, 28.2.2021 in so far as not already in force) by Land Reform (Scotland) Act 2016 (asp 18), ss. 110(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2; S.S.I. 2020/428, reg. 2