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Agriculture (Scotland) Act 1948

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This is the original version (as it was originally enacted).

2In section three (which relates to the giving of notice to the landlord as to improvements comprised in Part II of the First Schedule)—

(a)in subsection (1) the words " more than six nor " shall be omitted and for the words

may agree

there shall be substituted the words

may enter into an agreement in writing;

(b)subsection (3) shall cease to have effect ;

(c)in subsection (4) after the word " agree," there shall be inserted the words

in writing;

(d)after subsection (4) there shall be added the following subsections—

(5)Subject to the provisions of the next following subsection, compensation under this Act shall not be payable in respect of an improvement comprised in Part II of the First Schedule to this Act if, within one month after receiving notice under subsection (1) of this section from the tenant of his intention to execute the improvement, the landlord gives notice in writing to the tenant that he objects to the execution of the improvement or to the manner in which the tenant proposes to do the intended work.

(6)Where notice of objection has been given as aforesaid, the tenant may, after giving notice in writing to the landlord of his intention so to do, apply to the Board for approval of the execution of the improvement, and on any such application—

(a)the Board may, after affording to the tenant and to the landlord an opportunity of making representations to the Board, whether in writing or on being heard by a person appointed by the Board, approve the carrying out of the improvement either unconditionally or upon such terms, whether as to reduction of the compensation which would be payable if the Board approved unconditionally or as to other matters, as appear to the Board to be just, or may withhold their approval, and in either case forthwith after coming to a decision on the application shall give notice in writing of their decision to the landlord and to the tenant;

(b)if the Board grant their approval, the landlord may, within one month after receiving notice of the Board's decision, serve notice in writing on the tenant undertaking himself to execute the improvement ;

(c)where the Board grant their approval, then if either no notice is served by the landlord under the last foregoing paragraph, or such a notice is served but on an application made by the tenant in that behalf the Board, after affording to the tenant and to the landlord such an opportunity as aforesaid, determine that the landlord has failed to execute the improvement within a reasonable time, the tenant may execute the improvement and shall be entitled to compensation under this Act in respect thereof as if notice of objection had not been given by the landlord, and any terms subject to which the approval was given shall have effect as if they were contained in an agreement in writing between the landlord and the tenant.

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