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Agriculture (Scotland) Act 1948

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This is the original version (as it was originally enacted).

16Section thirty-five (which confers on the tenant of a holding freedom of cropping and of disposal of the produce of his holding notwithstanding any custom or agreement) shall be amended in accordance with the provisions of this paragraph, that is to say—

(a)in subsection (1) references to the produce of the holding shall not include references to manure produced on the holding ;

(b)in subsection (2) for the words from " without prejudice " to the end of the subsection there shall be substituted the words " have the following remedies, but no ether, that is to say—

(a)should the case so require, he shall be entitled to obtain an interdict restraining the exercise of the tenant's rights under this section in that manner ;

(b)in any case, on the tenant quitting the holding on the termination of the tenancy, the landlord shall be entitled to recover damages for any injury to or deterioration of the holding attributable to the exercise by the tenant of his rights under this section,

and section forty-six of this Act shall have effect subject to the provisions of this section." ;

(c)for the purposes of any proceedings for an interdict brought under the said subsection (2) the question whether a tenant is exercising, or has exercised, his rights under the said section thirty-five in such a manner as to injure or deteriorate his holding, or to be likely to injure or deteriorate his holding, shall be determined by the Secretary of State after affording to the landlord and to the tenant an opportunity to make representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State ; and a certificate of the Secretary of State as to his determination of any such question as aforesaid shall for the purposes of any proceedings (including an arbitration) brought under the said section thirty-five be conclusive proof of the facts stated in the certificate ,"

(d)in subsection (4) any reference to the terms of any lease shall be construed as a reference to the terms of that lease as modified in pursuance of section twelve of this Act.

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