The SFGS Farmland Premium Scheme 2003

Restriction on approval of applications: resumed land

6.  The Scottish Ministers shall not approve an application which relates to land, possession of which was obtained from a tenant of that land by means of–

(a) a notice to quit to which section 22(2)(b) of the Agricultural Holdings (Scotland) Act 1991(1) applied;

(b) a notice to quit in respect of which a counter notice could have been served under section 22(1) of the Agricultural Holdings (Scotland) Act 1991 unless–

(i) no such counter notice was served; or

(ii) the Scottish Land Court consented to the operation of the notice to quit on the grounds set out in section 24(1)(d) of that Act (with or without other grounds);

(c) an authorisation given by the Scottish Land Court under section 20(1) of the Crofters (Scotland) Act 1993 to resume a croft or part of a croft;

(d) an authorisation given by the Scottish Land Court under section 20(4) of the Crofters (Scotland) Act 1993 to resume any land forming part of a common grazing; or

(e) a notice served pursuant to a resumption clause in a lease.

(1)

1991 c. 55.