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Community Empowerment (Scotland) Act 2015

Compensation for loss of crops

443.Section 135 provides that where an allotment lease is terminated by way of resumption and the tenant loses crops due to the resumption, the local authority is liable to compensate the tenant for the loss of crops (subsections (1) and (2)). The Scottish Ministers are required to make regulations about determining liability for, and the amount of, compensation (subsection (3) and (4)). Before these regulations are made the Scottish Ministers must consult with local authorities and any other person with an interest (subsection (5)). A tenant has a right of appeal to the sheriff against a local authority decision in respect of compensation for loss of crops (subsection (6)).

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