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Land Compensation (Scotland) Act 1973

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31 Right to farm loss payment where person displaced from agricultural unit.S

(1)Where land constituting or included in an agricultural unit is land in respect of which the person in occupation of the unit has an owner’s interest, then if—

F1[(a)in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired;]

(b)not more than three years after the date of displacement he begins to farm another agricultural unit (“the new unit”) elsewhere in Great Britain,

he shall, subject to the provisions of this section and section 33 below, be entitled to receive a payment (hereafter referred to as a “farm loss payment”) from the acquiring authority.

(2)In subsection (1) above “owner’s interest” means the interest of an owner or a lessee under a lease [F2where his interest is as a lessee for a year or from year to year or a greater interest,], or the interest of a crofter or a landholder [F3, and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify].

F4[(2A)The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3)For the purposes of this section a person is displaced from land in consequence of the compulsory acquisition of his interest therein if, and only if, he gives up possession thereof—

(a)on being required to do so by the acquiring authority [F5or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority];

(b)on completion of the acquisition; or

[F6(c)where the acquiring authority permit him to remain in possession of the land under a lease, or a right or permission relating to land but not amounting to an estate or interest therein, of a kind not making him–

(i)where the owner’s interest for the purposes of subsections (1) and (2) above was that of tenant under a lease constituting a short limited duration tenancy or a limited duration tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11), a tenant of such a tenancy with a duration not less than that of the unexpired term of the tenancy which constituted the owner’s interest as at the date on which he gave up possession; or

(ii)in any other case, a tenant of a lease constituting a 1991 Act tenancy within the meaning of that Act,]

and references in this section and section 32 below to the date of displacement are references to the date on which the person concerned gives up possession as aforesaid.

(4)No farm loss payment shall be made to any person unless on the date on which he begins to farm the new unit he is in occupation of the whole of that unit in right of an interest as owner thereof or a lease thereof, not having been entitled to any such interest or lease before the date on which the acquiring authority were authorised to acquire his interest in the land acquired.

(5)No farm loss payment shall be made by virtue of the displacement of a person from any land if he is entitled to a payment under section 12 of the M1Agriculture (Miscellaneous Provisions) Act 1968 in consequence of the acquisition of an interest in, or the taking of possession of, that land.

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section applies if the date of displacement is on or after 17th October 1972.

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Amendments (Textual)

F1S. 31(1)(a) substituted (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(1), Sch. 2, Pt.I) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I, para. 14(2) (with s. 84(5)); S.I. 1991/2092, art. 3

F2Words in s. 31(2) substituted (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(1), Sch. 2, Pt. I) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I, para. 14(3)(a) (with s. 84(5)); S.I. 1991/2092, art.3

F3Words in s. 31(2) inserted (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(1), Sch. 2, Pt. I) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I, para. 14(3)(b) (with s. 84(5)); S.I. 1991/2092, art.3

F4S. 31(2A) inserted (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(1), Sch. 2, Pt. I) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I, para. 14(4) (with s. 84(5)); S.I. 1991/2092, art. 3

F5Words in s. 31(3)(a) added (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(1), Sch. 2, Pt. I) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. I para. 14(5) (with s. 84(5)); S.I. 1991/2092, art. 3

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