Allotments (Scotland) Act 1922 (repealed)

Section 6.

SCHEDULE 2 S

Modifications etc. (not altering text)

C1 The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Provisions to be substituted for paragraph (b) of Provision (6) of the First Schedule of the Act of 1919.

“(b) The official arbiter shall have the power to determine any question—

(i) as to the terms and conditions of the proposed lease; or

(ii) as to the amount of compensation for severence ; or

(iii) as to the compensation payable to any tenant in respect of the land taken forming part of any existing tenancy ; or

(iv) as to the apportionment of the rent between the land acquired by the local authority and the land retained by the tenant : or

(v) as to any other matter incidental to the taking on lease of the land by the authority, or the surrender thereof at the end of their tenancy:

but the arbiter, in fixing the rent, shall not make any allowance in respect of the lease being compulsory.

(c) Any compensation awarded to a tenant in respect of any depreciation of the value to him of the residue of his holding (caused by the withdrawal from the holding) of the land taken on lease by the local authority shall, as far as possible, be provided for by taking such compensation into account in fixing, as the case may require, the rent to be paid by the authority for the land taken on lease by them, and the apportioned rent, if any, to be paid by the tenant for that portion of the holding which is not taken on lease by the authority. Provided always that during the unexpired period of the tenant’s lease the sum in cumulo of the apportioned portions of the rent shall not be less than the rent formerly paid by the tenant.

(d) The award of the arbiter or a copy thereof, together with a report signed by him as to the condition of the land taken on lease by the local authority, shall be deposited and preserved with the public books and papers of the authority, and any person interested shall, at all reasonable times, be at liberty to inspect the same, and to take copies thereof.

(e) The order may incorporate or apply, with any adaptations which may be prescribed by the Board, such of the provisions of the Lands Clauses Acts (including those relating to the acquisition of land otherwise than by agreement) and of sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845, as appear to the Board sufficient for carrying into effect the order, and for the protection of the persons interested in the land, and of the local authority, and those Acts shall apply accordingly; but it shall not be necessary for the order to incorporate or apply any other provisions of those Acts.”