Land Settlement (Scotland) Act 1919

6 Duty of Board with respect to Sale or lease of land. U.K.

(1) Land acquired by the Board under the Small Holding Colonies Acts, 1916 and 1918, shall be sold or let by the Board at such price or rent as in the opinion of the Board is reasonable.

(2) The Board may give to the tenant of a small holding an option to purchase the holding on such terms as may be agreed and may be consistent with the provisions of this section, and on any such sale any increase in the value of the land due to improvements executed by and at the expense of the tenant shall not be taken into account as affecting the price to be paid for the land.

(3) A tenant of a holding provided by the Board on land acquired by the Board who has been in occupation thereof for a period of not less than six years shall, on notice of his desire to purchase the holding being given to the Board at any time before the tenant has received notice to quit, be entitled to require the sale to him of the holding at the expiration of one month from the date of the notice at the then value of the holding, exclusive of any increase of the value thereof due to any improvement executed thereon by and at the expense of the tenant, and thereupon the Board shall in the first instance sell the holding to the tenant accordingly, [F1 unless it appears to the Secretary of State that there are good and sufficient reasons for refusing the requirements of the tenant.]

(4) The value of the holding shall, in default of agreement, be determined by the Scottish Land Court.

(5) Before selling any land which, in the opinion of the Board, is not required for the purposes of this Act, the Board shall, subject as hereinafter provided, offer the land to the person from whom it was purchased or his successor in title at a price to be determined, failing agreement, by the Scottish Land Court:

Provided that, if in the opinion of the Board the land is suitable for afforestation, the Board shall in the first instance consult the Forestry Commission and shall give the Forestry Commissioners an opportunity of acquiring such land.

[F2 (6) Subsections (3) and (4) above shall not apply to crofts as defined in section 3 of the Crofters Scotland Act 1955.]

Textual Amendments

F1 Words substituted by S.R. & O. 1939/782 (Rev. XV, p. 172: 1939 II, p. 2933)

F2 S. 6(6) added by Crofting Reform (Scotland) Act 1976 (c. 21, SIF 2:4), s. 22(1), Sch. 2 para. 2

Modifications etc. (not altering text)

C1 S. 6(3)(4) modified (S.) (6.6.1997) by 1997 c. 26, s. 6(1); S.I. 1997/1430, art. 1.

C2 S. 6(3) modified (S.) (6.6.1997) by 1997 c. 26, s. 6(2); S.I. 1997/1430, art. 1.

C3 S. 6(3) applied (S.) (6.6.1997) by 1997 c. 26, s. 6(3); S.I. 1997/1430, art. 1.