Part 3

Use of agricultural land: diversification

Imposition of conditions by Land Court
41
1
Where , on an application made by the landlord under section 40A(2), the Land Court determines that an objection by the landlord to a notice of diversification is unreasonable—
a
the objection is of no effect; and
b
the land may be used—
i
as mentioned in paragraph (a) of subsection (4) of section 40; and
ii
from such date as the Court may fix,
subject to any conditions imposed under subsection (2).
2
Where, by virtue of subsection (1), the land may be used as mentioned in section 40(4)(a) or (5A) , the Land Court may impose on the tenant such reasonable conditions in relation to the use of the land as so mentioned as it considers appropriate.
3
Where , on the application of the tenant, the Land Court determines that a condition imposed by the landlord under section 40(10) or, as the case may be, (14) is unreasonable, the Court may—
a
remove the condition; and
b
in its place, impose on the tenant such reasonable conditions as it considers appropriate.
S. 41 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(c) (with Sch.)
Words in s. 41(1) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(a), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)
Words in s. 41(2) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(b), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)
Words in s. 41(3) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(c)(i), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)
Words in s. 41(3) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 121(4)(c)(ii), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 12)