Allotments (Scotland) Act 1922 (repealed)

19 Interpretation. S

(1) In this Act unless the context otherwise requires—

• The expression “the Board” means the Board of Agriculture for Scotland;

• The expression “allotment garden” means an area not exceeding forty poles which is wholly or mainly cultivated by the occupier for the production of vegetable crops for consumption by himself or his family and is not let to the occupier during his continuance in any office, appointment, or employment held under the landlord or let along with any dwellinghouse;

• The expression “the Allotments Acts” means the M1 Allotments (Scotland) Act, 1892, as amended or applied by any subsequent enactment including this Act;

• The expression “local authority” means [F1 an island or a district]council acting under the Allotments Acts;

• The expression “association” means an association formed for the purposes of creating or promoting the creation of allotments;

• The expression “lessor” means any person for the time being entitled to receive the rent or to resume possession of the land;

• The expression “lease” means a letting or sub-letting of or agreement for letting or sub-letting land and the expressions “let” and “sub-let” have corresponding meanings;

• The expression “the Act of 1892” means the Allotments (Scotland) Act, 1892;

• The expression “the M2 Act of 1894” means the Local Government (Scotland) Act, 1894;

• The expression “the M3 Act of 1919” means the Land Settlement (Scotland) Act, 1919;

• The expression “industrial purpose” shall not include use for agriculture;

• The expression “agriculture” includes forestry, horticulture, and the keeping and breeding of livestock;

• The expression “sinking fund charges” includes any charges for the repayment of loans, whether by means of a sinking fund or otherwise.

• References to population shall be construed as references to population according the the published returns of the last census for the time being.

(2) (a) In the Allotments Acts, except the provisions thereof hereinafter specified, unless the context otherwise requires, the expression “allotment” includes an allotment garden.

(b) The excepted provisions referred to in the foregoing paragraph are—

In the Act of 1892, subsections (3) and (6) of section seven and the proviso to subsection (2) of section eight.

(3) Where land is used by the tenant thereof as an allotment garden, then for the purposes of this Act, unless the contrary is proved—

(a) the land shall be deemed to have been let to him to be used as an allotment garden; and

(b) where the land has been sub-let to him by a local authority or association which holds the land under a lease, the land shall be deemed to have been let to that council or association for the purpose of being sub-let for such use as aforesaid.

Textual Amendments

F1 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 214(1)(2), Sch. 27 Pt. II para. 60

Modifications etc. (not altering text)

C1 Functions of certain parish councils under Allotments Acts now exercisable by district councils: Local Government (Scotland) Act 1929 (c. 25), s. 1

C2 S. 19(3) extended by Allotments (Scotland) Act 1950 (c. 38), s. 7; applied by Opencast Coal Act 1958 (c. 69), s. 41, Sch. 8 paras. 1(2), 10(a)

Marginal Citations

M1 1892 c. 54.

M2 1894 c. 58.

M3 1919 c. 97.