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Agriculture (Scotland) Act 1948

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This is the original version (as it was originally enacted).

SECOND SCHEDULEApplications for Certificates of Bad Husbandry

1An application to the Secretary of State for a certificate under paragraph (a) of subsection (1) of section five of this Act shall not be made at any time while a warning notice is in force under this Act in relation to the tenant's farming of the holding to which the application relates.

2Any such application shall be made in the prescribed manner, and before it is made the landlord shall give notice in writing to the tenant of the proposed application.

3Where such an application is made the Secretary of State shall, after affording to the landlord and to the tenant an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, either—

(a)give notice in writing to the landlord and to the tenant that he proposes to grant or refuse the certificate, or

(b)serve a warning notice under section twenty-seven of this Act on the tenant in relation to the farming of the holding to which the application relates ;

and if before the expiration of the prescribed period from the making of the application the Secretary of State has not given or served one or other of such notices as aforesaid, he shall be deemed to have given notice in writing to the landlord and to the tenant that he proposes to refuse the certificate.

4Within one month of notice of a proposal being given or being deemed to have been given under the last foregoing paragraph the landlord may require that the Secretary of State's proposal to refuse a certificate shall be referred to the Land Court or the tenant may require that the Secretary of State's proposal to grant a certificate shall be so referred ; and the provisions in that behalf of Part VI of this Act shall apply accordingly.

5Where a holding forms part only of an agricultural unit, an opportunity of making representations shall be afforded under paragraph 3 of this Schedule to every person who for any of the purposes of Part II of this Act is the owner of land comprised in the unit, and sub-paragraph (b) of that paragraph shall have effect with the substitution for the reference to the holding of a reference to the unit.

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