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Land Settlement (Scotland) Act 1919

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Sections 3 and 20.

FIRST SCHEDULEE+W+S+N.I. Provisions as to the Compulsory Acquisition of Land

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Modifications etc. (not altering text)

C1Functions of Secretary for Scotland now exercisable by Secretary of State: Secretaries of State Act 1926 (c. 18) s. 1

(1)Where under this Act the Board propose to acquire land compulsorily to provide for the compulsory acquisition of land by a local authority, the Board may prepare an Order putting in force as respects the land specified in the Order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreementE+W+S+N.I.

(2)The Order shall be in the prescribed form, and shall contain such provisions as may be prescribed for the purpose of carrying the Order into effect, and shall incorporate, with any necessary adaptations, the Lands Clauses Acts (except the provisions thereof relating to the sale of superfluous lands), and sections seventy to seventy-eight of the M1Railways Clauses Consolidation (Scotland) Act, 1845, and those Acts shall apply accordingly.E+W+S+N.I.

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Marginal Citations

(3)The Order shall be published by the Board in the prescribed manner, and such notice as may be prescribed shall be given both in the locality in which the land specified in the Order is situate, and to the owners or reputed owners, lessees or reputed lessees, and occupiers of that land.E+W+S+N.I.

(4)Any person having a right or interest in the land specified in the Order may, within the prescribed period, present in writing to the Board an objection to the making of the Order.E+W+S+N.I.

(5)If within that period no such objection has been so presented, or every such objection so presented has been withdrawn, the Board may . . . . . . F1 forthwith make the Order; but, if any such objection has been duly presented and has not been withdrawn, the Board shall take the same into consideration, and, after such inquiry (if any) as they think fit, may either withdraw the Order, without prejudice to the preparation and making of a new Order, or may make the Order with or without modification. . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

(6)In the case of an Order providing for the compulsory acquisition by leasing of land for allotments—E+W+S+N.I.

(a)The provisions of the M2Acquisition of Land (Assessment of Compensation) Act 1919, so far as applicable to compulsory leasing, shall apply with the necessary modifications; and

[F2(b)The official arbiter shall have 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 severance; 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;]

[F2(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 rent shall not be less than the rent formerly paid by the tenant;]

[F2(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;]

[F2(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 M3Railways 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.]

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Amendments (Textual)

F2(6)(b)—(e) substituted for (6)(b) by Allotments (Scotland) Act 1922 (c. 52), Sch. 2

Marginal Citations

(7)Any Order made under this schedule . . . . . . F3 shall have effect as if enacted by Parliament.E+W+S+N.I.

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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)

(8)(a)In construing, for the purposes of this schedule, or any Order made thereunder, any enactment incorporated with the Order, this Act together with the Order shall be deemed to be the Special Act, and the Board or the local authority, as the case may be, shall be deemed to be the promoters of the undertaking.E+W+S+N.I.

(b)In this schedule, the expression “land” includes water and any right or servitude to or over land or water, and “prescribed” means prescribed by the Secretary for Scotland.

Section 17.

SECOND SCHEDULEE+W+S+N.I. Minor and Consequential Amendments of the Act of 1911.

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Modifications etc. (not altering text)

C2The text of Sch. 2 and 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.

Enactment to be amended.Amendment.
Small Landholders (Scotland) Act, 1911 (1 & 2 Geo. 5. c. 49).
Section 7

At the end of subsection (6) the following words shall be inserted:— “ nor shall the rent payable in respect of a new holding constituted bya scheme made under this section be so altered for a like period ”.

In subsection (12) for the words “Land Court” there shall be substitutedthe word “Board”.

At the end of subsection (18) the following words shall beinserted:— “ and any other land which has been or may be acquired by the Board ”

Section 24In subsection (3) after the words “or the Land Court” there shall beinserted the words “or the Board” and after the words “from the LandCourt”, there shall be inserted the words “or from the Board”.
Section 35For the words “Land Court” there shall be inserted the word “Board.”

Section 23.

THIRD SCHEDULEE+W+S+N.I. Minor and Consequential Amendments of the Act of 1892.

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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.

Modifications etc. (not altering text)

C3The text of Sch. 2 and 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.

Enactment to be amended.Amendment.
The Allotments (Scotland) Act, 1892 (55 & 56 Vict. c. 54.)
Section 2For the word “county,” wherever occurring, there shall be substitutedthe word “parish”.
Section 3In paragraphs (a) and (b) of subsection (5), and in subsection (7),for the words “local authority,” wherever occurring, there shall besubstituted the words “Board of Agriculture for Scotland,” and for thewords “a provisional order,” wherever occurring, there shall besubstituted the words “an order”.
Section 12For the words “any parish in their county” there shall be substitutedthe word “parish”.
Section 14For the word “county,” wherever occurring, there shall be substitutedthe word “parish”.
Section 16In the definition of “local authority,” for the words “in a county thecounty council” there shall be substituted the words “elsewhere than aburgh the parish council”.

F4F4FOURTH SCHEDULEE+W+S+N.I.

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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