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Allotments (Scotland) Act 1922

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10 Powers of entry on unoccupied land.S

(1)A [F1local 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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