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Land Settlement (Scotland) Act 1919

Status:

This is the original version (as it was originally enacted).

FIRST SCHEDULEProvisions as to the Compulsory Acquisition of Land

(1)Where under this Act the Board propose to acquire land compulsorily or 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 agreement.

(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 Railways Clauses Consolidation (Scotland) Act, 1845, and those Acts shall apply accordingly.

(3)The Order shall be published b)' 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.

(4)Any person having a right or interest hi 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.

(5)If within that period no such objection has been so presented, or every such objection so presented has been withdrawn, the Board may, subject to the approval of the Secretary for Scotland, forthwith make the Order ; but, if any such objection has been duly presented and has not been withdrawn, the Board shall take the same into consideration, and, after such inquiry (if any) as they think fit, may either withdraw the Order, without prejudice to the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, subject to the approval aforesaid.

(6)In the case of an Order providing for the compulsory acquisition by leasing of land for allotments—

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

(b)the provisions of section twenty-six of the Local Government (Scotland) Act, 1894, shall apply with the necessary modifications ; and in such application references to a parish and to a parish council shall include references respectively to a burgh and to a town council ; references to the county council and to the Local Government Board for Scotland shall be construed as references to the Board ; references to section twenty-five of the said Act of 1894 shall be construed as references to this schedule ; and the reference to allotments last occurring in subsection (1) of the said section twenty-six shall include a reference to common pasture.

(7)Any Order made under this schedule with the approval of the Secretary for Scotland shall have effect as if enacted by Parliament.

(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.

(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.

SECOND SCHEDULEMinor and Consequential Amendments of the Act or 1911

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 pay-able in respect of a new holding constituted " by a scheme made under this section be so " altered for a like period ".

In subsection (12) for the words " Land Court " there shall be substituted the word

Board.

At the end of subsection (18) the following words shall be inserted:—

and any otherland which has been or may be acquired by "the Board".

Section 24

In subsection (3) after the words " or the Land " Court," there shall be inserted the words

or the Board,

and after the words " from " the Land Court", there shall be inserted the words

or from the Board.

Section 35

For the words "Land Court" there shall be substituted the word

Board.

THIRD SCHEDULEMinor and Consequential Amendments of the Act of 1892

Enactment to be amended.Amendment.
The Allotments (Scotland) Act, 1892 (55 & 56 Vict. c54).
Section 2

For the word " county," wherever occurring, there shall be substituted the word

parish.

Section 3

.In paragraphs (a) and (b) of subsection (5), and in subsection (7). for the words " local authority," wherever occurring, there shall be substituted the words

Board of Agriculture '

for Scotland," and for the words " a provisional order," wherever occuring, there shall be substituted the words

an order,

Section 12

For the words " any parish in their county " there shall be substituted the word

parish.

Section 14

j For the word " county," wherever occurring, there shall be substituted the word

parish.

Section 16

In the definition of " local authority," for the words "in a county the county council" there shall be substituted the words

elsewherethan in a burgh the parish council".

FOURTH SCHEDULEEnactments Repealed

Session and Chapter.Short Title.Extent of Repeal.
55 & 56 Vict. c. 54.The Allotments (Scotland) Act, 1892.

In subsection (1) of section two, the words "in some parish," the words "for the labouring population," the words " in any parish," and the words " belonging to the labouring population ".

Subsections (2), (3) and (4) of section three.

Section four.

Subsection (2) of section seven. Section ten.

In section eleven, the proviso to subsection (2), and subsection (3).

In section twelve, the word "labouring ".

Section thirteen.

57 & 58 Vict. c. 58.The Local Government (Scotland) Act, 1894.In section twenty-four, the first paragraph of subsection (4).
1 & 2 Geo. 5. c. 49.The Small Landholders (Scotland) Act, 1911.

Subsection (6) of section four.

Subsections (2), (3), (4) and (5) of section seven.

In subsection (7) of section seven, the words " upon consideration of " a report by the Commissioner " for Small Holdings ".

In section seventeen, the words " subject to the like procedure " and right of alternative arbitration as provided in subsection " (11) of section seven of this " Act".

6 & 7 Geo. 5. c. 38.The Small Holding Colonies Act, 1916.

In section one, as respects Scotland, the words " During the continuance of the present war " and a period of twelve months " thereafter," and the word " experimental ".

Paragraph (c) of section eleven.

8 & 9 Geo. 5. c. 26.The Small Holding Colonies (Amendment) Act, 1918.Section one from " and paragraph (c) " to " the same in feu."
9 & 10 Geo. 5. c. 57.The Acquisition of Land (Assessment of Compensation) Act, 1919.In section eleven, paragraph (a) of subsection (1).

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