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Allotments (Scotland) Act 1922

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1 Termination of tenancies of allotment gardens. S

(1)Where land is let by a local authority, an association, or any other person, for use by the tenant as an allotment garden, the tenancy of the land or any part thereof shall not (except as hereinafter provided) be terminable by the lessor by notice to remove or by resumption of possession, notwithstanding any agreement to the contrary, except by—

(a)a six months’ or longer notice in writing to remove expiring on or before the first day of May or on or after the first day of November in any year; or

(b)resumption of possession after three months, or longer notice in writing to the tenant, under a power of resumption contained in or affecting the lease, on account of the land being required for building, mining, or any other industrial purpose, or for roads or sewers necessary in connection with any of those purposes; or

(c)resumption of possession under a power of resumption of possession contained in the lease in the case of land let by a corporation or company being the owners or lessees of a railway, dock, canal, water, or other public undertaking on account of the land being required by the corporation or company for any purpose (not being the use of land for agriculture) for which it was acquired or held by the corporation or company, or appropriated under any statutory provision, F1. . .

(d)resumption of possession on account of any irritancy of the lease by the tenant or any breach by the tenant of the regulations made by a local authority under the Allotments Acts.

(2)Where land is let to a local authority or to an association for the purpose of being sub-let for use as allotment gardens, this section shall apply to the tenancy of the authority or association as well as to the tenancies of the sub-tenants.

(3)(a)This section shall apply to a tenancy current at the date of the passing of this Act, but not so as to affect the operation of any notice to remove given, possession resumed, or proceedings for resumption commenced before that date.

(b)Where under any lease entered into before the date of the passing of this Act a tenancy to which this section applies is either by express provision or by implication made terminable by the lessor by notice to remove expiring on a date between the first day of May and the first day of November, the tenancy shall be terminable by him on the first day of November, and any such notice to remove given in accordance with the lease shall have the effect of a notice to remove on that date.

(4)This section shall not apply to land held by or on behalf of the [F2Secretary of State for Defence or Minister of Supply] and so let as aforesaid, when possession of the land is required for naval, military or air force purposes [F3or for purposes of the Ministry of Supply, as the case may be.]

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Amendments (Textual)

F1Words in s. 1(1)(c) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

Modifications etc. (not altering text)

C1Functions of Minister of Supply under s. 1(4) now exercisable by Secretary of State, S.I. 1953/1673 (1953 I, p. 1222), 1957/561 (1957 I, p. 1435), 1959/1826 (1959 I, p. 1791), 1964/490, 2048 and 1970/1537

C2S. 1(1)(a) amended with the substitution of “twelve months” for “six months” by Allotments (Scotland) Act 1950 (c. 38), s. 1(1)

2 Compensation on removing from allotment gardens. S

(1)Where land is let by a local authority, an association, or any other person for use by the tenant as an allotment garden, the tenant shall, subject to the provisions of this section and notwithstanding any agreement to the contrary, be entitled at the termination of the tenancy, on removing from the land to recover from the lessor compensation for crops growing upon the land in the ordinary course of the cultivation of the land as an allotment garden, and for manure applied to the land such compensation to be based on the value of the growing crops and manure to an incoming tenant.

(2)A tenant whose tenancy is terminated by the termination of the tenancy of his lessor shall be entitled to recover from his lessor such compensation (if any) as would have been recoverable if his tenancy had been terminated by notice of removal given by his lessor.

[F4(3)Compensation under this section shall be recoverable only if the tenancy is terminated by the lessor by notice to remove or by resumption of possession under paragraph (b) or paragraph (c) of subsection (1) of the immediately preceding section.]

(4)Where under any lease entered into after the date of the passing of this Act land is let to a local authority or to an association for the purpose of being sub-let for use as allotment gardens, this section shall, except so far as is otherwise provided by the lease, apply not only to the tenancy of the sub-tenants but also to the tenancy of the local authority or association and that notwithstanding that the crops have been grown and the manure applied by the sub-tenants.

(5)This section shall apply to a tenancy (other than the tenancy of a local authority or association) current at the date of the passing of this Act, but not so as to affect the operation of any notice to remove given, possession resumed, or proceedings for resumption commenced before that date.

(6)This section shall apply to the termination of the tenancy of the whole or any part of the land the subject of a lease.

(7)Except as provided by this section or by the lease, the tenant of land under a tenancy to which this section applies shall not be entitled to recover compensation from the lessor at the termination of the tenancy, and the provisions of the Agricultural Holdings (Scotland) Acts, 1908 to 1921, relating to compensation shall not apply to any tenancy to which this section applies.

(8)The tenant of any land under a tenancy to which this section applies may, before the termination of the tenancy, remove any fruit trees or bushes provided and planted by the tenant and any erection, fencing, or other improvement erected or made by the tenant, making good any injury caused by such removal.

(9)(a)The compensation under this section from the lessor on the termination of a tenancy to which this section applies, and such further compensation (if any) as is recoverable from the lessor under the lease, shall, in default of agreement, be determined by an arbiter appointed in default of agreement by the sheriff having jurisdiction in the place where the allotment garden is situated upon an application by letter from either or any of the parties addressed to the sheriff clerk.

(b)Any such agreement or determination with respect to compensation may, if any sum payable thereunder is not paid within fourteen days from the date of the agreement or determination, be competently recorded for execution in the books of council and session or sheriff court books, and shall be enforceable in like manner as a recorded decree arbitral.

(c)The proper expenses of the arbitration shall be borne by such of the parties or by the parties in such proportions as the arbiter shall direct, but be recoverable by the arbiter from any of the parties, and any amount paid by any of the parties in excess of the amount (if any) directed by the arbiter to be borne by him shall be recoverable from the other party or parties and may be deducted from any compensation payable to such party or parties.

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(11)For the purposes of this section, and the immediately preceding section of this Act—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(b)Where land is let to a local authority or association and is sub-let by the authority or association, notice from the lessor to the authority or association shall have effect also as notice at the same time to every sub-tenant of the authority or association affected thereby, but it shall be the duty of the authority or association forthwith to serve by post intimation of the notice upon each such sub-tenant.

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Amendments (Textual)

Modifications etc. (not altering text)

3 Application to Crown lands. S

The foregoing provisions of this Act shall not apply to any land of which possession was taken by or on behalf of any Government department under the enactments relating to the Defence of the Realm or the regulations made thereunder, and possession of which has been continued by virtue of any enactment, or to any land forming part of a royal park; but, save as aforesaid, the foregoing provisions of this Act shall apply to lands vested in His Majesty in right of the Crown, and, except as otherwise herein-before in this Act expressly provided, to land vested in any Government department for public purposes.

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Modifications etc. (not altering text)

4 Rights of tenant who has paid compensation to outgoing tenant.S

Where a tenant of an allotment has paid compensation to an outgoing tenant for any fruit trees or bushes or other improvement, he shall have the same rights to removal or compensation as he would have had under the Allotments Acts if the trees or bushes had been provided and planted or the improvement had been made by him.

5 Restriction on tenancy of allotment gardens.S

A local authority may let to one person two or more allotment gardens if their aggregate extent does not exceed forty poles, but, save as aforesaid, one person shall not hold more than one allotment garden provided by a local authority and an allotment garden so provided shall not be sub-let.

6 Provisions relating to land leased for allotments.S

(1)Where land is acquired on lease by a local authority for use as allotments—

(a)The local authority may let to one person an allotment or allotments (not being an allotment garden or allotment gardens) exceeding one acre, but, if the land is taken on lease compulsorily, either not exceeding in the whole four acres of pasture, or one acre of arable and three acres of pasture, or not exceeding four pounds in annual value:

(b)The local authority may permit to be erected on an allotment (not being an allotment garden) a stable, byre or barn: Provided that such stable byre or barn shall not, unless erected with the assent in writing of the landlord, be the subject of compensation, but may be removed by the tenant on the termination of the tenancy:

(c)The local authority shall not, without the assent in writing of the landlord, break up or permit to be broken up any permanent pasture on the land acquired on lease, unless entitled by the lease so to do: Provided that, in the case of land so acquired after the date of the passing of this Act, the Board may authorise the local authority without such assent to break up or permit to be broken up permanent pasture thereon, if the Board are satisfied that no other land equally suitable for allotments is reasonably available:

(d)If the land acquired on lease shall, at any time during the tenancy thereof by the local authority, be shown to the satisfaction of the Board to be required by the landlord for the purpose of working and winning the mines, minerals, or surface minerals thereunder, or for feuing for building, or for any road or work to be used in connection with such working or winning or feuing, it shall be lawful for the landlord of such land to resume possession thereof upon giving to the local authority twelve months’ previous notice in writing of his intention so to do, and upon such resumption the landlord shall pay to the authority and to the holders of allotments on the land for the time being such compensation for loss sustained by them respectively and arising directly from such resumption as may be agreed between the landlord and the authority, or in default of agreement determined under and in accordance with the provisions of the Second Schedule to the M1Agricultural Holdings (Scotland) Act, 1908;

Where land is let to a local authority for the purpose of being sub-let for use as allotment gardens, the foregoing provision shall have effect subject to the provisions of this Act relating to the termination of tenancies of allotment gardens and to compensation on removing therefrom, and to determination of questions arising on resumption of land:

(e)In this subsection the word “landlord” means the person for the time being entitled to receive the rent of the land acquired on lease by the local authority.

(2)Where land is acquired by a local authority for use as allotments under an order for the compulsory leasing of the land—

(a)The lease shall be for a period of not less than ten nor more than thirty-five years:

(b)On the termination of the tenancy of the local authority, the compensation (if any) due by the landlord for improvements, or by the authority for depreciation, shall be determined, in default of agreement, by arbitration under and in accordance with the provisions of the Second Schedule to the Agricultural Holdings (Scotland) Act, 1908:

(c)The order shall not authorise the compulsory taking on lease of any mines or minerals, or confer the right to take, sell, or carry away any stone, gravel, sand, or clay:

(d)The paragraphs set out in the Sevcond Schedule to this Act shall besubstituted for paragraph (b) of provision (6) of the First Schedule to the Act of 1919.

(3)Nothing in the Allotments Acts contained shall authorise a local authority to acquire on lease for use as allotments any land which is already owned or occupied as a small holding within the meaning of the M2Small Holdings Act, 1892, or under the Small Landholders (Scotland) Acts, 1886 to 1919.

(4)The Board shall, in their annual report, include a statement of any proceedings under this section.

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Modifications etc. (not altering text)

C7The text of S. 6(2)(d) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

7 Provisions relating to common pasture.S

Where a local authority are satisfied that having regard to the wants and circumstances of the population of [F7their area] it is desirable to acquire land for affording common pasture, the authority may, subject to the provisions of this section, by purchase or leasing, acquire land suitable for that purpose whether within or without [F7their area], and the provisions of the Allotments Acts shall, so far as applicable in that behalf and with the necessary modifications, apply as if the word “allotments” in those Acts included common pasture, and as if the word “rent” included a charge for turning out an animal:

Provided that—

(a)The regulations made by the local authority under the Allotments Acts may extend to regulating the turning out of animals on the common pasture, to defining the persons (being persons resident within [F7their area]) entitled to turn them out, the number of animals to be turned out, and the conditions under which animals may be turned out, and fixing the charges to be made for each animal, and otherwise to regulating the common pasture:

(b)The land acquired by a local authority by compulsory leasing for common pasture and held by the authority for that purpose at any one time shall not exceed twenty acres.

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Amendments (Textual)

8 Amendment of statutory provisions as to compulsory acquisition of land for allotments.S

(1)Notwithstanding anything contained in any other enactment, counsel shall not be heard in any arbitration under the Allotments Acts, or as to compensation payable for lands acquired for allotments under those Acts, unless the Board otherwise direct.

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For section twenty of the Act of 1919 (which relates to land for allotments) there shall be substituted the following section:—

(1)If a local authority are unable by agreement to acquire by purchasesuitable land for allotments at a reasonable price, the authority mayapply to the Board for an order providing for the compulsoryacquisition of such land by purchase :

(2)If a local authority are unable by agreement to obtain on leasesuitable land for allotments at a reasonable rent and subject toreasonable conditions, the authority may apply to the Board for anorder providing for the compulsory acquisition of such land by leasing:

Provided that, in the case of land which has been acquired for thepurposes of a railway, dock, canal, water, or other publicundertaking, such leasing shall be subject to a condition enabling thecorporation or company to resume possession of the land when requiredby the corporation or company for the purpose (not being the use ofland for agriculture) for which it was so acquired:

(3)For the purposes of any application under this section, the provisionsof the First Schedule to this Act shall have effect.

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Amendments (Textual)

F8S. 8(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

Modifications etc. (not altering text)

C8The text of S. 8(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9S

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Amendments (Textual)

10 Powers of entry on unoccupied land.S

(1)A [F10local authority] may, after giving such notice of intention to enter as is hereinafter provided—

(a)enter upon any unoccupied land for the purpose of providing allotment gardens thereon;

(b)adapt any such land for use of such purpose;

(c)let any such land for use by the tenant as an allotment garden, or to any association for the purpose of subletting for such use but so that any tenancy created by the council or by the association shall terminate at the date when the occupation of the council is terminated under this section;

(d)on the termination of such occupation remove any erection or work of adaptation, making good any injury to the land caused by such removal.

(2)Before entry under this section the council shall give not less than fourteen days’ notice in writing to the owner of the land in such manner as notices may be given to an owner under regulations for the time being in force with respect to the compulsory leasing of land under the Allotments Acts.

(3)The right of occupation of the council may be terminated—

(a)by not less than six months’ notice in writing to that effect given by the council to the owner in manner aforesaid, and expiring on or before the first day of May, or on or after the first day of November in any year; or

(b)by not less than one month’s notice in writing given by the owner to the council in any case where the land is required for any purpose other than the use of the land for agriculture.

(4)A tenant to whom land is let by a council or association under this section, and whose tenancy is terminated by the termination of the right of occupation of the council, shall, unless otherwise agreed in the lease, be entitled to recover from the council or association, as the case may be, such compensation (if any) as would have been recoverable if his tenancy had been terminated by notice to remove given by the council or association, as the case may be, and have the same rights with respect to the removal of fruit trees or bushes or improvements as if his tenancy had been so terminated.

(5)Any person who is interested in any land on which entry is made by a council under this section, and who suffers any loss by reason of the exercise of the powers conferred by this section, shall, if he makes a claim not later than one year after the termination of the right of occupation, be entitled to be paid by the council such amount as may represent the loss; and such amount shall, in default of agreement, be determined by an arbiter appointed in default of agreement by the Board: Provided that such amount may be paid by the council by way of periodical payments to be determined as aforesaid and that a periodical payment of compensation in the nature of rent shall not exceed the rental value of the land as defined by this section.

(6)For the purposes of this section, the expression “unoccupied land” means land in respect of which no person is entered as tenant or occupier in the valuation roll in force at the date of the notice of intended entry and which has not been let and occupied subsequent to the making up of the valuation roll, and before the date of the notice.

The expression “rental value” means the annual rent which a tenant might reasonably be expected to pay for the land if the land had continued in the same condition as at the date when entry was made under this section.

(7)This section shall not apply to land which has been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking or to land which is or forms part of any area dedicated or appropriated as a public park, garden, or pleasure ground, or for use for the purposes of public recreation.

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Amendments (Textual)

11 Determination of questions arising on resumption of land.S

(1)Where land has been let to a local authority or to an association for the purpose of being sub-let for use as allotment gardens, or is occupied by a council under the powers of entry conferred by this Act, and the lessor, or the person who but for such occupation would be entitled to the possession of the land, proposes, in accordance with the provisions of this Act, to resume possession of the land for any particular purpose, notice in writing of the purpose for which resumption is required shall be given to the local authority or association or council.

(2)The local authority or association or council may, by a counter notice served within ten days after receipt of such notice on the person requiring possession, demand that the question as to whether resumption of possession is required in good faith for the purpose specified in the notice shall be determined by arbitration under and in accordance with the provisions of the Second Schedule to the M3Agricultural Holdings (Scotland) Act, 1908.

(3)Possession of the land shall not be resumed until after the expiration of the said period of ten days or the determination of such question as aforesaid where such determination is demanded under this section.

(4)This section shall not apply to any case where resumption of possession is required by a corporation or company being the owners or lessees of a railway, dock, canal, water, or other public undertaking.

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Marginal Citations

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11S

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Amendments (Textual)

13 Time limit for serving notice to treat for compulsory acquisition of land.S

(1)Where under the Allotments Acts an order has been made for the compulsory acquisition of any land, and notice to treat thereunder is not served by the acquiring authority within three months after the making of the said order, then the order, so far as it relates to land in respect of which notice to treat has not been so served, shall become null and void.

(2)Where an order has so become null and void as respects any land, no order authorising the compulsory acquisition of that land or any part of such land shall be made within three years after the expiration of the said three months, unless it is proved to the satisfaction of the Board that there are special reasons justifying the failure to exercise the powers under the original order.

14 Power to Board to let land for allotments.S

The Board may let land acquired by the Board for small holdings for use by the tenant as an allotment, or to a local authority or association for the purpose of being sub-let for such use.

15 Access to allotments.S

It shall be the duty of a local authority providing allotments to make provision for access thereto by suitable roads or paths, where such means of access are not already available, and by regulations made under the Allotments Acts to require that access to the allotments shall be had only by such roads or paths.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12S

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Amendments (Textual)

17 Rating of allotments.S

(1)A local authority providing land for allotments may, with respect to any assessment imposed and levied by such local authority, resolve, and with respect to any assessment imposed and levied by any other authority, by notice to that authority, require, that the local authority providing the land shall, with respect to such assessment, be deemed to be the occupiers of the land, notwithstanding that the land or part thereof may be let, and in such case that local authority shall for the purposes of such assessment be deemed to be the occupiers of the land until the resolution is revoked, or the notice is withdrawn, as the case may be.

(2)The foregoing subsection shall apply to an association providing land for allotments with respect to any assessment in like manner as it applies to a local authority so providing land with respect to an assessment imposed and levied by another authority, if at the request of the association the authority by whom the assessment is imposed and levied agree that it shall so apply.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

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Amendments (Textual)

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14S

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Amendments (Textual)

19 Interpretation. S

(1)In this Act unless the context otherwise requires—

  • The expression “the Board” means the Board of Agriculture for Scotland;

  • The expression “allotment garden” means an area not exceeding forty poles which is wholly or mainly cultivated by the occupier for the production of vegetable crops for consumption by himself or his family and is not let to the occupier during his continuance in any office, appointment, or employment held under the landlord or let along with any dwellinghouse;

  • The expression “the Allotments Acts” means the M4Allotments (Scotland) Act, 1892, as amended or applied by any subsequent enactment including this Act;

  • The expression “local authority” means [F15a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] acting under the Allotments Acts;

  • The expression “association” means an association formed for the purposes of creating or promoting the creation of allotments;

  • The expression “lessor” means any person for the time being entitled to receive the rent or to resume possession of the land;

  • The expression “lease” means a letting or sub-letting of or agreement for letting or sub-letting land and the expressions “let” and “sub-let” have corresponding meanings;

  • The expression “the Act of 1892” means the Allotments (Scotland) Act, 1892;

  • F16. . .

  • F17. . .

  • The expression “industrial purpose” shall not include use for agriculture;

  • The expression “agriculture” includes forestry, horticulture, and the keeping and breeding of livestock;

  • F18. . .

  • F19. . ..

(2)(a)In the Allotments Acts, except the provisions thereof hereinafter specified, unless the context otherwise requires, the expression “allotment” includes an allotment garden.

(b)The excepted provisions referred to in the foregoing paragraph are—

In the Act of 1892, subsections (3) and (6) of section seven and the proviso to subsection (2) of section eight.

(3)Where land is used by the tenant thereof as an allotment garden, then for the purposes of this Act, unless the contrary is proved—

(a)the land shall be deemed to have been let to him to be used as an allotment garden; and

(b)where the land has been sub-let to him by a local authority or association which holds the land under a lease, the land shall be deemed to have been let to that council or association for the purpose of being sub-let for such use as aforesaid.

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Amendments (Textual)

F16Definition of "the Act of 1894" in s. 19(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

F17Definition of "the Act of 1919" in s. 19(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

F18Definition of "sinking fund charges" in s. 19(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

F19Words in s. 19(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

Modifications etc. (not altering text)

C9Functions of certain parish councils under Allotments Acts now exercisable by district councils: Local Government (Scotland) Act 1929 (c. 25), s. 1

Marginal Citations

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

21 Short title and extent.S

(1)This Act may be cited as the Allotments (Scotland) Act, 1922 F21. . ..

(2)This Act shall extend to Scotland only.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F21Words in s. 21(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

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