Small Landholders (Scotland) Act 1911

16Amendment of law as to enlargement of holdings

(1)The provisions of the Act of 1886, relative to the enlargement of holdings, are hereby extended to an application for enlargement of a holding by a single landholder or two or more landholders, and shall apply in the case of an application by a single landholder as nearly as may be in the same manner and to the same effect as in the case of an application by two or more landholders :

Provided that all applications for enlargement under section eleven of the Act of 1886 shall be made to the Board, and subsections (7), (8), (9j, (10), (11), (12), (13), (16), (17), and (18) of the section of this Act relative to the. constitution of new holdings shall, with the necessary modifications, apply as fully for the purpose of applications for enlargement as for the purpose of the constitution of new holdings ; and the expressions " application" and " applicants," where occurring in section twelve or section twenty-one of the Act of 1886, shall be construed as meaning an application from the Board under subsection (9) aforesaid and the persons referred to in such application.

(2)Section thirteen of the Act of 1886 with the exception of subsection (3) (e) thereof shall cease to have effect, provided that land shall not be deemed available land for the enlargement of a holding otherwise than by agreement, unless it is land in respect of which a person would be admissible to registration otherwise than by agreement as a new holder under this Act, and, if arable land, unless it lies contiguous or near to land already in the occupancy of the landholder making the application; and provided further that a holding shall not be enlarged so that the rent or acreage thereof shall exceed the rent or acreage competent for a new holding under this Act.