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Agriculture (Scotland) Act 1948

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This is the original version (as it was originally enacted).

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37Service of notices on agents

Without prejudice to the general provisions of Part VII of this Act as to the service of notices, any warning notice and any other notice required or authorised by the provisions of this Part of this Act relating to warning notices or to the giving of directions to be served on an owner or occupier shall, where an agent or servant of the owner or occupier is responsible for the control of the management or farming, as the case may be, of the land in question, be duly served if served on that agent or servant:

Provided that where by virtue of this subsection any notice is served in connection with a direction to entrust the management of land to a person approved by the Secretary of State a copy of the notice shall be served on the owner.

38Interpretation of references in Part II to "owner" and "manager"

(1)In this Part of this Act, the expression " owner ", subject to the provisions of the next following subsection, means the person who for the time being is the proprietor of the dominium utile or, in the case of land other than feudal land, is the owner thereof.

(2)Where, in relation to all or any of the provisions of this Part of this Act.—

(a)all persons appearing to the Secretary of State to be concerned agree, with the approval of the Secretary of State, that some person shall be treated as the owner of land other than the person who would be so treated apart from the agreement, or

(b)on an application in that behalf the Land Court determine, having regard to, the respective interests of the persons interested in the land, that some person shall be treated as the owner of the land other than the person who would be so treated apart from the determination,

that person shall be so treated, but without prejudice to a subsequent agreement or determination or to his ceasing to be so treated if the Secretary of State withdraws his approval under paragraph (a) of this subsection.

(3)Any question arising under this Part of this Act whether two parcels of land are being managed by the same person shall be determined, if the management of either or both of the parcels is under the control of an agent or servant, by reference to the person by whom the agent or servant is employed and not by reference to the agent or servant.

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