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Agricultural Holdings (Scotland) Act 1991

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[F132GAppointment of valuer by Tenant Farming CommissionerS

(1)This section applies where the Tenant Farming Commissioner receives a copy of a notice of intention to relinquish.

(2)The Commissioner must, before the expiry of the period mentioned in subsection (3), appoint a person, who meets the requirements mentioned in subsection (4), to—

(a)carry out the assessment mentioned in section 32J(1), and

(b)calculate the amount to be payable by the landlord to the tenant as compensation for the tenant quitting the tenancy were the landlord to accept the notice of intention to relinquish.

(3)The period is—

(a)the period of 14 days beginning with the date on which the notice is served, or

(b)such other period specified by the Scottish Ministers by regulations.

(4)The requirements referred to in subsection (2) are that the person appears to the Commissioner—

(a)to be independent of the landlord and the tenant, and

(b)to possess qualifications, knowledge and experience suitable for assessing the—

(i)value of agricultural land, both with vacant possession and where subject to agricultural holdings, and

(ii)compensation that may be payable to tenants and landlords of such holdings.

(5)A person appointed under subsection (2) is the “valuer”.

(6)The Tenant Farming Commissioner must give notice in writing to the tenant and the landlord of the name and address of the valuer appointed under subsection (2).

(7)Regulations under subsection (3)(b) are subject to the negative procedure.]

Textual Amendments

F1Pt. 3A inserted (23.12.2016 for specified purposes) by Land Reform (Scotland) Act 2016 (asp 18), ss. 110(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.

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