- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where a tenancy under which land let, whether before or after the passing of this Act, by a local authority, an association, or any other person for use by the tenant as an allotment garden, or to a local authority or association for the purpose of being sublet for such use, is terminated as to the whole or any part of the land comprised in the tenancy—
(a)by resumption of possession under paragraph (b) or paragraph (c) of subsection (1) of section one of the Allotments (Scotland) Act, 1922; or
(b)where the lessor is himself a tenant, by the termination of his tenancy; or
(c)where the lessor is a local authority or association who have let the land under section ten of the Allotments (Scotland) Act, 1922, by the termination of the right of occupation of the authority;
the tenant shall, notwithstanding any agreement to the contrary, be entitled, on removing from the land or that part thereof, as the case may be, to recover from the lessor compensation for the disturbance of an amount determined in accordance with subsection (2) of this section.
(2)The amount of any compensation recoverable under this section shall be—
(a)where the tenancy terminates as to the whole of the land, an amount equal to one year’s rent of the land at the rate at which rent was payable immediately before the termination of the tenancy;
(b)where the tenancy terminates as to part of the land, an amount bearing to the amount mentioned in the foregoing paragraph the same proportion that the area of that part bears to the area of the whole of the land.
(3)Compensation under this section shall be in addition to any compensation to which the tenant may be entitled under the M1Allotments (Scotland) Act, 1922.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Click 'View More' or select 'More Resources' tab for additional information including: