Explanatory Notes

Agricultural Holdings (Scotland) Act 2003

2003 asp 11

17 April 2003

Introduction

Part 4:  Compensation under Agricultural Tenancies

Section 58:  Compensation not payable where direction as to permanent pasture

187.This section makes similar provision in respect of SLDTs and LDTs as does section 51 of the 1991 Act in respect of 1991 Act tenancies. It provides that no compensation is payable to the tenant in respect of anything done by the tenant in pursuance of any direction as to permanent pasture given by virtue of section 15 (see subsection (1)(a)), nor for any improvement of the type specified in Part III of Schedule 5 to the 1991 carried out for the purposes of any requirement in relation to permanent pasture provided for by virtue of section 15 (see subsection (2)). It also restricts the compensation that can be paid to an outgoing tenant where land is ploughed up in pursuance of a direction as to permanent pasture given by virtue of section 15 (see subsection (1)(b)).