Agricultural Holdings (Scotland) Act 1991

55 Provisions supplementary to s. 54. S

(1) Subject to subsection (2) below no sum shall be payable under section 54 of this Act in consequence of the termination of the tenancy of an agricultural holding or part of such a holding by virtue of a notice to quit where—

(a) the notice contains a statement that the carrying out of the purpose for which the landlord proposes to terminate the tenancy is desirable on any grounds referrred to in section 24(1)(a) to (c) of this Act and, if an application for consent in respect of the notice is made to the Land Court in pursuance of section 22(1) of this Act, the Court consent to its operation and state in the reasons for their decision that they are satisfied that termination of the tenancy is desirable on that ground;

(b) the notice contains a statement that the landlord will suffer hardship unless the notice has effect and, if an application for consent in respect of the notice is made to the Land Court in pursuance of section 22(1) of this Act, the Court consent to its operation and state in the reasons for their decision that they are satisfied that greater hardship would be caused by withholding consent than by giving it;

(c) the notice is one to which section 22(1) of this Act applies by virtue of section 25(3) of this Act and the Land Court consent to its operation and specify in the reasons for their decision the Case in Schedule 2 to this Act as regards which they are satisfied; or

(d) section 22(1) of this Act does not apply to the notice by virtue of section 29(4) of the M1 Agriculture Act 1967 (which relates to notices to quit given by the Secretary of State or a Rural Development Board with a view to boundary adjustments or an amalgamation).

(2) Subsection (1) above shall not apply in relation to a notice to quit where—

(a) the reasons given by the Land Court for their decision to consent to the operation of the notice include the reason that they are satisfied as to the matter referred to in section 24(1)(e) of this Act; or

(b) the reasons so given include the reason that the Court are satisfied as to the matter referred to in section 24(1)(b) of this Act or, where the tenant has succeeded to the tenancy as the near relative of a deceased tenant, as to the matter referred to in any of Cases 1, 3, 5 and 7 in Schedule 2 to this Act; but the Court state in their decision that they would have been satisfied also as to the matter referred to in section 24(1)(e) of this Act if it had been specified in the application for consent.

(3) In assessing the compensation payable to the tenant of an agricultural holding in consequence of the compulsory acquisition of his interest in the holding or part of it or the compulsory taking of possession of the holding or part of it, no account shall be taken of any benefit which might accrue to the tenant by virtue of section 54 of this Act.

(4) Any sum payable in pursuance of section 54 of this Act shall be so payable notwithstanding any agreement to the contrary.

(5) The following provisions of this Act shall apply to sums claimed or payable in pursuance of section 54 of this Act as they apply to compensation claimed or payable under section 43 of this Act—

• sections 43(6);

• section 50;

• section 74;

(6) No sum shall be payable in pursuance of section 54 of this Act in consequence of the termination of the tenancy of an agricultural holding or part of such a holding by virtue of a notice to quit where—

(a) the relevant notice is given in pursuance of section 25(2)(a), (b) and (d) of this Act;

(b) the landlord is terminating the tenancy for the purpose of using the land for agriculture only; and

(c) the notice contains a statement that the tenancy is being terminated for the said purpose.

(7) If any question arises between the landlord and the tenant as to the purpose for which a tenancy is being terminated, the tenant shall, notwithstanding section 61(1) of this Act, refer the question to the Land Court for determination.

(8) In this section—

(a) references to section 54 of this Act do not include references to it as applied by section 56 of this Act; and

(b) for the purposes of subsection (1)(a) above, the reference in section 24(1)(c) of this Act to the purposes of the enactments relating to allotments shall be ignored.

Marginal Citations

M1 1967 c. 22.