Agricultural Holdings (Scotland) Act 1923 (c. 10)
1923 c. 10 - continued

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Compensation for disturbance in cases to which s. 12 does not apply.

        13.—(1)  This section applies only to any land or grass park being or forming part of a holding which is not included in the definition of holding for the purposes of section twelve of this Act.

    (2) Where the landlord of any land or grass park to which this section applies, without good and sufficient cause, and for reasons inconsistent with good estate management, terminates the tenancy by notice to quit, the tenant upon quitting the land or grass park shall, in addition to the compensation (if any) to which he may be entitled in respect of improvements, be entitled to com­pensation for the loss or expense directly attributable to his quitting the land or grass park which the tenant may unavoidably incur upon or in connection with the sale or removal of his household goods, or his implements of husbandry, produce, or farm stock, on or used in connection with the land or grass park:

Provided that no compensation under this section shall be payable—

    (a)  unless the tenant has given to the landlord a reasonable oppurtunity of making a valuation of such goods, implements, produce and, stock as aforesaid;

    (b)  unless the tenant has, within two months after he has received notice to quit, given to the landlord notice in writing of his intention to claim compensation under this section;

    (c)  where the tenant with whom a lease was entered into has died within three months before the date of the notice to quit;

    (d)  if the claim for compensation is not made within three months after the time at which the tenant quits the land or grass park.

Application of Act to cottages on holdings.


        14. Where the occupation of a dwelling-house (including a garden attached thereto) forming part of a holding has been allowed by the tenant of the holding to a workman employed by him in agriculture on the holding, whether the occupation is under a lease or not, and the occupation is terminated on account of the termi­nation by the tenant of the holding of the employment of the workman, the provisions of this Act as to compen­sation for disturbance in the case of a holding shall (subject as hereinafter provided and so far as the same are capable of application) apply as if the dwelling-house (including a garden attached thereto) were a holding and, where there is no lease, as if the person allowing the dwelling-house to be so occupied were the landlord and the workman were the tenant, and the notice to terminate the occupation were a notice to quit:

Provided that—

    (1) compensation shall not be payable under this section if—

    (a)  the notice to terminate the occupation is given before the expiration of six weeks from the commencement of the occupation; or
    (b)  the tenant of the holding has, before giving the notice, obtained from the sheriff: court for the district in which the dwelling-house is situate a certificate that the termination of the occupation is necessary or expedient to enable the holding to be worked pronerlv or to better advantage ; or

    (c)  the employment of the workman is for a year or half-year, and. the occupation is terminated at the end of such period; or

    (d)  the workman does not cease to occupy the dwelling-house on the expiration of the notice to terminate his occupation thereof or on the expiration of a period of two months from the date when the notice was given whichever is the later; or

    (e)  the notice is given by reason of the employment of the workman having been terminated on account of his misconduct, and such reason shall be substituted for the reasons specified in subsection (1) of section twelve of this Act; and
   (2)  for the purpose of compensation the year's rent of the dwelling-house shall be taken to be the sum of seven pounds and sixteen shillings, or, if it is shown that that sum exceeds an amount equal to fifty-two times the weekly rental value of the dwelling-house let free from rates, then such last-mentioned amount; and

    (3)  subsections (2) and (3) and paragraph (b) of subsection (7) of section twelve of this Act shall not apply; and

    (4)  any question as to whether compensation is payable under this section or as to the amount payable shall, on the application of the tenant or workman, be determined by the sheriff court for the district in which the dwelling-house is situate, and the court may, in any case in which it appears to the court to be just, direct the payment by the tenant to the workman of a sum in respect of his expenses of appearing before the court, and any sum so directed to be paid shall be recoverable summarily from the tenant as a civil debt:

Provided also that, where under paragraph (b) of this section the tenant of a holding seeks to obtain a certificate from the sheriff court the workman shall be entitled to appear before the court, and shall, in the event of the certificate being refused, also be entitled to recover
from the tenant such sum as the court may direct in respect of any expenses incurred by him in appearing.

 

ARBITRATIONS.


Matters to be referred to arbitration.


        15.—(1) Any question or difference arising out of any claim by the tenant of a holding against the landlord for compensation payable under this Act or any Act by this Act repealed or for any sums claimed to be due to the tenant from the landlord for any breach of contract or otherwise in respect of the holding, or out of any claim by the landlord against the tenant for waste wrongly committed or permitted by the tenant or for any breach of contract or otherwise in respect of the holding, and any other question or difference of any kind whatsoever between the landlord and the tenant of the holding arising out of the termination of the tenancy of the holding or arising, whether during the tenancy or on the termination thereof, as to the construction of the lease shall be determined by arbitration.

    (2)  Any such claim as is mentioned in this section shall cease to be enforceable after the expiration of two months from the termination of the tenancy unless particulars thereof have been given by the landlord to the tenant or by the tenant to the landlord, as the case may be, before the expiration of that period:

Provided that, where a tenant lawfully remains in occupation of part of a holding after the termination of the tenancy, particulars of a claim relating to that part of the holding may be given within two months from the termination of the occupation.

    (3)  This section shall not apply in the case of a tenancy which terminated before the first day of January, nineteen hundred and twenty-one.


Procedure in arbitrations.


        16.—(1)  All questions which under this Act or under the lease are referred to arbitration shall, whether the matter to which the arbitration relates arose before or after the passing of this Act, be determined, notwith­standing any agreement under the lease or otherwise pro­viding for a different method of arbitration, by a single arbiter in accordance with the provisions set out in the Second Schedule to this Act.

    (2)  If in any arbitration under this Act the arbiter states a case for the opinion of the sheriff on any question of law, the opinion of the sheriff on any question so stated shall be final, unless within the time and in accordance with the conditions prescribed by act of sedurant either party appeals to either division of the Court of Session, from whose decision no appeal shall lie.

    (3)  The Arbitration ( Scotland ) Act, 1894, shall not apply to any arbitration under this Act.

    (4)  Any person who wilfully and corruptly gives false evidence before an arbiter or oversman in any arbitration under this Act shall be guilty of perjury, and may be dealt with, prosecuted, and punished accordingly.

    (5)  This section and the immediately preceding section shall not apply to valuations of sheep stocks, dung, fallow, straw, crops, fences, and other specific things the property of an out-going tenant, agreed under a lease to be taken over from him at the termination of a tenancy by the landlord or incoming tenant, or to any questions which it may be necessary to determine in order to ascertain the sum to be paid in pursuance of such agree­ment, and that whether such valuations and questions are referred to arbitration under the lease or not.

 

Constitution of panel of arbiters and provision as to arbiters' remuneration.


        17.—(1)  Such number of persons as may be appointed by the Lord President of the Court of Session, shall form a panel of persons from whom any arbiter nominated, otherwise than by agreement, for the purposes of an arbitration under and in accordance with the r provisions of the Second Schedule to this Act shall be selected.

    (2)  The remuneration of an arbiter so nominated as aforesaid shall be such amount as is fixed by the Board, and the remuneration of an arbiter appointed by the parties to any such arbitration shall, in default of agree­ment between those parties and the arbiter, be such - amount as on the application of the arbiter or either of the parties is fixed by the auditor of the sheriff court, subject to appeal to the judge of the court.

    (3)  The remuneration of an arbiter, when agreed or fixed under this section, shall be recoverable by the arbiter as a debt due from either of the parties to the arbitration, and any amount paid in respect of the remuneration of the arbiter by either of those parties in excess of the amount (if any) directed by the award to be paid by him in respect of the expenses of the award shall be recover­able from the other party to the arbitration.

    (4)  This section shall not apply as respects any arbiter nominated or appointed before the first day of January, nineteen hundred and twenty-one.


Provisions for expediting and reducing costs of arbitrations.


         18.—(1)  Subject as hereinafter provided, the Board may by rules make such provision (not being inconsistent with the rules contained in the Second Schedule to this Act) as they think desirable for expediting, or reducing the expenses of, proceedings on arbitrations under this Act.

    (2)  On an arbitration under this Act the arbiter—

    (a)  shall state separately in his award the amounts awarded in respect of the several claims referred to him; and

    (b) may, if he thinks fit, make an interim award for the payment of any sum on account of the sum to be finally awarded.

    (3)  A rule made under this section shall be laid before each House of Parliament forthwith, and, if an address is presented to His Majesty by either House of Parliament within the next subsequent thirty days on which that House has sat next after any such rule is laid before it praying that the rule may be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder.

 

 


Determination of claims for compensation where a holding is divided.

        19.—(1) Where a holding has become vested in more than one person in several parts and the rent payable by the tenant of the holding has not been apportioned with his consent or under any statute, the tenant shall be entitled to require that any compensation payable to him under this Act shall be determined as if the holding had not been divided, and the arbiter shall, where necessary, apportion the amount awarded between the persons who for the purposes of this Act together constitute the landlord of the holding, and any additional expenses of the award caused by the apportionment shall be directed by the arbiter to be paid by those persons in such proportions as he shall determine.

    (2)  This section shall not apply in the case of a tenancy which terminated before the first day of January, nineteen hundred and twenty-one.

 

Recovery of compensation and other sums due.

        

        20. Any award or agreement under this Act as to compensation expenses or otherwise may, if any sum payahle thereunder is not paid within one month after it becomes due, be competently recorded for execution in the books of council and session or sheriff court books, and shall be enforceable in like manner as a recorded decree arbitral.

 

CHARGE ON HOLDING FOR COMPENSATION.


Power for landlord on paying compensation to obtain charge.

        21.—(1)  A landlord, on paying to the tenant the amount due to him under this Act, or under custom or agreement, or otherwise in respect of compensation for an improvement comprised in the First Schedule hereto, or in respect of compensation for disturbance, or on his defraying himself the cost of improvements proposed to be executed by the tenant, shall be entitled to obtain from the Board an authority to charge, in favour of him­self, his executors, administrators, and assignees, the holding or the estate of which it forms part by executing and registering in the register of sasines,—
    (i)  if the landlord has a leasehold interest in the holding, an assignation of the lease in security and for repayment of the amount paid or any part thereof, and of the expense of executing and registering the same, with such interest and by such instalments as the Board may deter­mine; and  

    (ii)  in any other case, a bond and disposition in security over the holding or the estate of which it forms part for repayment of the amount paid or any part thereof, and of the expense of executing and registering the same, with such interest and by such instalments as the Board mav determine.

    (2)  Where the landlord obtaining the charge is not absolute owner of the holding for his own benefit, no instalment or interest shall, by such bond and disposition in security or assignation, be made payable after the time when the improvement in respect whereof compensation is paid will, in the judgment of the Board, have become exhausted, and such bond and disposition in security or assignation shall specify the times at which the total amount charged and each instalment thereof is to be payable.

    (3)  Any charge under this section shall rank after all prior charges and burdens heritably secured upon the holding or estate.

    (4) Where a holding or estate is charged by the landlord under this section, the charge shall not be deemed to be a contravention of any prohibition against charging or burdening contained in the deed or instrument under which the holding or estate is held by the landlord.

    (5)  The price of any entailed land sold under the provisions of the Entail Acts, when such price is entailed estate within the meaning of those Acts, may he applied by the landlord in respect of the remaining portion of the entailed estate, or in respect of any other estate belonging to him. and entailed upon the same series of heirs, in payment of any expenditure and expenses incurred by him in pursuance of this Act for executing or paying compensation for any improvement mentioned in Part I. or Part II. of the First Schedule .hereto, or in discharge of any charge with which the estate is burdened in pursuance of this Act or of any enactment hereby repealed in respect of the improvement.

 

Incidence of charge.

         

        22.  The sum charged by the order of the Board under this Act shall be a charge on the holding, or the estate of which it forms part, for the landlord's interest therein and for all interests therein subsequent to that of the landlord ; but so that, in any case where the landlord's interest is an interest in a leasehold, the charge shall not extend beyond the interest of the landlord, his executors, administrators, and assignees.

 

Advance may by a company.

        

        23.  Any company now or hereafter incorporated by Parliament or incorporated under the Companies Acts, 1908 to 1917, and having power to advance money for the improvement of land, or for the cultivation and farming of land, may make an advance of money upon a bond and disposition in security or upon an assignation, as the case may be, executed upon the authority of the Board under this Act. or executed under any enactment hereby repealed, upon such terms and conditions as may be agreed upon between the company and the person entitled to the charge ; and that company may assign any charge so acquired by them to any person or persons whomsoever.

 

Certificate as to charges.

        

        24. Where a charge may be made under this Act for compensation, the person making the award shall, at the request and cost of the person entitled to obtain the charge, certify the amount to be charged and the term for which the charge may properly be made having regard to the time at which each improvement in respect of which compensation is awarded is to be deemed to be exhausted.

 
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