Land Compensation (Scotland) Act 1973

56 Requirement to surrender croft, etc.: right to opt for notice of entry compensation. S

(1) This section has effect where—

(a) the person in occupation of an agricultural holding is a crofter and is required by an order of the Scottish Land Court under section 12 of the M1 Crofters (Scotland) Act 1955 to surrender his croft; and

(b) the crofter is so required—

(i) after an acquiring authority have served notice to treat on the landlord of the croft or, being an authority possessing compulsory purchase powers, have agreed to acquire his interest in the croft, and

(ii) where the Court have been satisfied under the said section 12 that the landlord desires to resume the croft for a reasonable purpose which is a purpose other than an agricultural purpose.

(2) If the crofter required by such an order to surrender his croft elects that this subsection shall apply to the order and gives up possession of the croft to the acquiring authority on or before the date on which the croft is required to be surrendered in accordance with the order—

(a) section 114 of the M2 Lands Clauses Consolidation (Scotland) Act 1845 (compensation for tenants from year to year, etc.) shall have effect as if the crofter had not been so required to surrender his croft and the acquiring authority had taken possession of the croft in pursuance of a notice of entry under paragraph 3 of Schedule 2 to the M3 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 on the day before that on which the croft is required to be surrendered in accordance with the order; and

(b) any provision of an order under section 12 of the M4 Crofters (Scotland) Act 1955 relating to the compensation to a crofter shall not have effect in relation to the surrender of the croft by reason of the order.

(3) No election under subsection (2) above shall be made or, if already made, continue to have effect in relation to any land to which such an order relates if, before the date on which the croft is required to be surrendered in accordance with the order, an acquiring authority take possession of that land in pursuance of an enactment providing for the taking of possession of land compulsorily.

(4) Any election under subsection (2) above shall be made by notice in writing served on the acquiring authority not later than the date on which possession of the croft is given up.

(5) This section shall have effect in relation to an order to surrender part of a croft as it has effect in relation to an order to surrender an entire croft and references to a croft shall be construed accordingly.

(6) The reference in subsection (1)(b)(i) above to a notice to treat served by an acquiring authority includes a reference to a notice to treat deemed to have been so served under any of the provisions mentioned in section 49(5) above.

(7) This section shall apply to a landholder as it applies to a crofter except that for any reference to a croft, crofter or section 12 of the M5 Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, landholder or section 2 of the M6 Crofters Holdings (Scotland) Act 1886.

(8) This section shall apply to a statutory small tenant subject to the modifications set out in Part I of Schedule 1 to this Act; and in accordance with this subsection this section shall have effect in relation to a statutory small tenant as set out in Part II of that Schedule.

Marginal Citations

M1 1955 c. 21.

M2 1845 c. 19.

M3 1947 c. 42.

M4 1955 c. 21.

M5 1955 c. 21.

M6 1886 c. 29.