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Allotments (Scotland) Act 1922

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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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C1The 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.

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