Textual Amendments
F1Pt. 3A inserted (23.12.2016 for specified purposes, 28.2.2021 in so far as not already in force) by Land Reform (Scotland) Act 2016 (asp 18), ss. 110(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2; S.S.I. 2020/428, reg. 2
Modifications etc. (not altering text)
(1)This section applies where the Tenant Farming Commissioner receives a copy of a notice of intention to relinquish.
(2)The Commissioner must, before the expiry of the period mentioned in subsection (3), appoint a person, who meets the requirements mentioned in subsection (4), to—
(a)carry out the assessment mentioned in section 32J(1), and
(b)calculate the amount to be payable by the landlord to the tenant as compensation for the tenant quitting the tenancy were the landlord to accept the notice of intention to relinquish.
(3)The period is—
(a)the period of 14 days beginning with the date on which the notice is served, or
(b)such other period specified by the Scottish Ministers by regulations.
(4)The requirements referred to in subsection (2) are that the person appears to the Commissioner—
(a)to be independent of the landlord and the tenant, and
(b)to possess qualifications, knowledge and experience suitable for assessing the—
(i)value of agricultural land, both with vacant possession and where subject to agricultural holdings, and
(ii)compensation that may be payable to tenants and landlords of such holdings.
(5)A person appointed under subsection (2) is the “valuer”.
(6)The Tenant Farming Commissioner must give notice in writing to the tenant and the landlord of the name and address of the valuer appointed under subsection (2).
(7)Regulations under subsection (3)(b) are subject to the negative procedure.
(1)This section applies where the tenant or the landlord objects to the person appointed under section 32G(2) by the Tenant Farming Commissioner on one or more of the grounds mentioned in subsection (2).
(2)Those grounds are that the person—
(a)is not independent of the landlord or, as the case may be, the tenant, or
(b)does not possess the qualifications, knowledge and experience mentioned in section 32G(4)(b).
(3)The tenant or, as the case may be, the landlord may apply to the Land Court to appoint a person as the valuer in place of the person appointed by the Tenant Farming Commissioner.
(4)An application under subsection (3)—
(a)must—
(i)be made before the expiry of the period of 14 days beginning with the date of the notice under section 32G(6), and
(ii)state the ground of objection to the person appointed by the Tenant Farming Commissioner, and
(b)may propose a person to be appointed as the valuer in place of that person.
(5)The Land Court may, on an application under subsection (3)—
(a)reject the objection, or
(b)appoint a person as the valuer (whether a person proposed in the application or not).
(6)The decision of the Land Court on an application under subsection (3) is final.
(1)The tenant is responsible for meeting the expenses, incurred in carrying out functions under this Part, of a valuer appointed—
(a)by the Tenant Farming Commissioner under section 32G(2), or
(b)by the Land Court under section 32H(5)(b).
(2)Where, in the case of a valuer appointed under section 32G(2), those expenses have been met by the Tenant Farming Commissioner, the Commissioner is entitled to recover them from the tenant.]