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Agriculture (Miscellaneous War Provisions) Act 1940

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This is the original version (as it was originally enacted).

31Application to Scotland

This Act shall apply to Scotland subject to the following modifications:—

(1)In this Part of this Act—

(a)for any reference to the Minister of Agriculture and Fisheries there shall be substituted a reference to the Secretary of State;

(b)for references to the Agricultural Holdings Act, 1923, and to a contract of tenancy within the meaning of that Act, there shall be respectively substituted references to the Agricultural Holdings (Scotland) Acts, 1923 and 1931, and to a lease within the meaning of those Acts;

(c)for any reference to the War Agricultural Executive Committee for a county or a county borough there shall be substituted a reference to the Agricultural Executive Committee for any area to which the Secretary of State has delegated any of his powers under regulations made under the Emergency Powers (Defence) Act, 1939;

(d)for any reference to such a council as is mentioned in section twenty-one of the Land Settlement (Facilities) Act, 1919, there shall be substituted a reference to a local authority within the meaning of section twenty-two of the Land Settlement (Scotland) Act, 1919;

(e)the expression " owner " has the like meaning as in the Public Health (Scotland) Act, 1897.

(2)Section twenty-three of this Act shall have effect as if—

(a)for any reference in subsection (6) to an arbitrator there were substituted a reference to the Scottish Land Court, and

(b)for subsection (7) the following subsection were substituted:—

(7)It shall be competent for the Secretary of State to make in favour of himself a charging order for any amount payable to him under subsection (5) of this section charging and burdening the land in respect of which the amount is payable, and the provisions of section twenty-two of the Housing (Scotland) Act, 1925, shall, with the following and any other necessary modifications, apply to any such charging order:—

(a)for any reference to an annuity there shall be substituted a reference to the amount charged;

(b)for references to Part I of the said Act of 1925 there shall be substituted references to this Act;

(c)subsections (4) and (6) of the said section twenty-two shall not apply.

(3)Section twenty-six of this Act shall have effect as if for any reference in subsection (2) to an arbitrator there were substituted a reference to the Scottish Land Court.

(4)Part III of this Act shall not apply.

(5)For the purpose of determining any appeal to them or any question required to be determined by them under this Act, the Scottish Land Court shall have the like powers as they have under the Small Landholders (Scotland) Acts, 1886 to 1931, for the purpose of the determination of matters referred to the said Court thereunder, and those Acts shall apply accordingly subject to any necessary modifications.

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