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Land Compensation (Scotland) Act 1973

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45 Compensation in respect of crofts, etc.S

(1)This section has effect where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—

(a)acquire the interest of the landlord in an agricultural holding which is a croft; or

(b)take possession of a croft.

(2)In assessing the compensation payable by the acquiring authority to the landlord of a croft in connection with any such acquisition of an interest as is mentioned in subsection (1)(a) above—

(a)there shall be disregarded any right of the landlord to apply to the Scottish Land Court under section 12 of the M1Crofters (Scotland) Act 1955 for authority to resume the croft and any such authority already granted which would not be or would not have been effective if in that section the reference to resuming the croft did not include a reference to its being resumed for the purpose of its being required by the acquiring authority; and

(b)if the crofter has surrendered his croft under the said section 12 by reason of an authority which is to be so disregarded it shall be assumed that he has not done so.

(3)In assessing the compensation payable by the acquiring authority to the crofter in connection with any such taking of possession of a croft as is mentioned in subsection (1)(b) above, there shall be disregarded any right of the landlord to apply to the Scottish Land Court under the said section 12 for authority to resume the croft or any such authority already granted which would not be or would not have been effective if the said section 12 were construed in accordance with subsection (2)(a) above.

(4)If the compensation payable to the crofter as determined in accordance with subsection (3) above is less than it would have been if that subsection had not been enacted, it shall be increased by the amount of the deficiency.

(5)This section shall apply to part of a croft as it applies to an entire croft.

(6)This section shall apply to the holding or part of the holding of a landholder as it applies to a croft or part of a croft except that for any reference to a croft, crofter or section 12 of the M2Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, landholder or section 2 of the M3Crofters Holdings (Scotland) Act 1886.

(7)This section shall apply to the holding or part of the holding of a statutory small tenant as it applies to a croft or part of a croft except that—

(a)for any reference to a croft, crofter or section 12 of the Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, statutory small tenant or section 32(15) of the M4Small Landholders (Scotland) Act 1911;

(b)in subsection (2)(b), for the words “crofter has surrendered his croft under the said section 12” there shall be substituted the words “landlord has resumed the holding under the said section 32(15)”;

(c)after subsection (3) there shall be inserted the following subsection—

(3A)The compensation payable to the statutory small tenant shall be reduced by an amount equal to any payment which the acquiring authority are liable to make to him, in respect of the taking of possession in question, under section 12 of the Agriculture (Miscellaneous Provisions) Act 1968 (additional payments by acquiring authority in circumstances described in subsection (1)(b) above).;

(d)in subsection (4), for the words “subsection (3)” there shall be substituted the words “subsections (3) and (3A)”.

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