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

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Appointment of guardian. .

        38. Where a landlord or tenant is a pupil or minor, or is of unsound mind, not having a tutor, curator, or other guardian, the sheriff on the application of any person interested may appoint to him a tutor or curator for the purposes of this Act, and may recall the appoint­ment and appoint another tutor or curator if and as occasion requires.

Provision as to limited owners.

        39. Subject to the provisions of this Act in relation to Crown, Ecclesiastical, and Charity lands, a landlord, whatever may he his estate or interest in the holding, may give any consent, make any agreement, or do or have done to him any act in relation to improvements in respect of which compensation is payable under this Act, which he might give or make or do or have done to him if he were absolute owner of the holding.

Application to Crown lands.

        40.—(1)  This Act shall apply to land belonging to His Majesty in right of the Crown.

    (2)  With respect to any such land, for the purposes of this Act the Commissioners of Woods or other the proper officer or body having charge of the land for the time being, or, in case there is no such officer or body, then such person as His Majesty may appoint in writing under the Royal Sign Manual, shall represent His Majesty and shall be deemed to be the landlord.

 (3)  The power given to the Treasury by section one of the Crown Lands Act, 1866 (being a power to direct the cost of certain improvements to be charged to capital and repaid out of income), shall extend to any compen­sation under this Act payable by the Commissioners of Woods in respect of an improvement comprised in Part I. or Part II. of the First Schedule hereto.

 (4)  Any compensation under this Act payable by those Commissioners, in respect of an improvement com­prised in Part III. of the First Schedule hereto, shall be paid as part of the expenses of the management of the land revenues of the Crown.


Application to glebe and charity land..

        41.—(1)  The powers by this Act conferred on a landlord in respect of charging land shall not be exercised by ministers in respect of their glebes, except with the approval in writing of the presbytery of the bounds, and shall not be exercised by trustees for eccle­siastical, educational, or charitable purposes, except with the previous approval in writing of the Secretary for Scotland.

    (2)  This section shall apply in relation to the exercise of any power, whether before or after the commencement of this Act.


Special provisions as to market gardens.

        42.—(1) In the case of a holding in respect of which it is agreed by an agreement in writing made on or after the first day of January, eighteen hundred and ninety-eight, that the holding shall be let or treated as a market garden—

    (i) the provisions of this Act shall apply as if the improvements comprised in the Third Schedule to this Act were comprised in Part III. of the First Schedule to this Act:

    Provided that—

    (a)  in the case of Crown lands, compensa­ tion in respect of an improvement comprised in paragraphs (1), (2), and (5) of the said Third Schedule shall be paid in the same manner and out of the same funds as if it were an improvement comprised in Part I. of the said First Schedule ; and

    (b) the right of an incoming tenant to claim compensation in respect of the whole or part of an improvement which he has purchased may be exercised, although his landlord has not consented in writing to the purchase:

    (ii)  the provisions of this Act relating to tenant's property in fixtures and buildings shall extend to every fixture or building affixed or erected by the tenant to or upon the holding, or acquired by him since the thirty-first day of December, nine­teen hundred, for the purposes of his trade or business as a market gardener:

    (iii)  it shall be lawful for the tenant to remove all fruit trees and fruit bushes planted by him on the holding and not permanently set out; but, if the tenant does not remove such fruit trees and fruit bushes before the termination of his tenancy, they shall remain the property of the landlord, and the tenant shall not be entitled to any compensation in respect thereof :

    (2)  Where under a lease current on the first day of January, eighteen hundred and ninety-eight, a holding was at that date in use or cultivation as a market garden with the knowledge of the landlord, and the tenant thereof has then executed thereon, without having received previously to the execution thereof any written notice of dissent by the landlord, any improvement comprised in the Third Schedule to this Act, the provisions of this section shall apply, in respect of that holding, as if it had been agreed in writing after that date that the holding should be let or treated as a market garden, so however that the improve­ments in respect of which compensation is payable under those provisions as so applied shall include improvements executed before as well as improvements executed after that date :

Provided that, where such a tenancy was a tenancy from year to year, the compensation payable in respect of an improvement comprised in the Third Schedule to this Act shall be such (if any) as could have been claimed if this Act had not been passed.

    (3)  Where the land to which such agreement relates or so u.sed and cultivated consists of part of a holding only, this section shall apply as if that part were a separate holding.


Prohibition of appeal from sheriff substitute.

        43. Where any jurisdiction committed by this Act to the sheriff is exercised by the sheriff-substitute, there shall be no appeal to the sheriff.

Expenses in sherif court.

        44. The Court of Session may, by act of sederunt, prescribe a scale of expenses for proceedings in the sheriff court under this Act, and such expenses shall be taxed by the auditor of the sheriff court.

Avoidance of contract inconsistent with Act .

        45. Subject to the provisions of this Act, any contract or agreement made by a tenant of a holding by virtue of which his right to claim compensation under this Act is taken away or limited shall to that extent be void.

General savings of rights.

        46. Except as in this Act expressed, nothing in this Act shall prejudicially affect any power, right, or remedy of a landlord, tenant, or other person, vested in or exerciseable by him by virtue of any other Act or law, or under any custom of the country, or otherwise, in respect of a lease or other contract, or of any improvements, deteriorations, away-going crops, fixtures, tax, rate, teind, rent, or other thing.

Validity of consens, &c.

        47.  It shall be no objection to any consent in writing or agreement in writing under this Act signed by the parties thereto or by any persons authorised by them that the consent or agreement has not been executed in accord­ance with the statutes regulating the execution of deeds in Scotland .

Improvements executed under repealed enactments. 8 Edw. 7. c. 64.

        48. Except as otherwise expressly provided by this Act, the compensation in respect of an improvement made or begun before the first day of January, nineteen hundred and nine (being the date of the commencement of the Agricultural Holdings (Scotland) Act, 1908), or made upon a holding held under a lease, other than a lease from year to year, current on the first day of January, eighteen hundred and eighty-four, shall be such (if any) as could have been claimed if this Act had not been passed, but the procedure for the ascertainment and recovery thereof shall be such as is provided by this Act, and the amount so ascertained shall be payable, recover­ able, and chargeable as if it were compensation under this Act.


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

    " Lease " means a letting of or agreement for letting land for a term of years, or for lives, or for lives and years, or from year to year;

    " Termination of tenancy" means the termination of a lease by reason of eflluxion of time, or from any other cause;

    " Landlord" means any person for the time being entitled to receive the rents and profits or to take possession of anysholding ;

    " Tenant" means the holder of land under a lease;

    " Landlord " or " tenant " includes the executors, administrators, assignees, legatee, disponee, or next-of-kin, husband, guardian, curator bonis, or trustee in bankruptcy, of a landlord or tenant;

    " Absolute owner " means the owner or person capable of disposing by disposition or otherwise of the fee simple or dominium utile of the whole interest of or in land, although the land, or his interest therein, is burdened, charged, or encum­ bered ;

    " Holding " means any piece of land held by a tenant which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment, or employment held under the landlord;

    " Market garden " means a holding cultivated, wholly or mainly, for the purpose of the trade or business of market gardening ;

    " Board " means the Board of Agriculture for Scotland;

    " Manuring" means any of the improvements numbered twenty-five, twenty-six, and twenty-seven in Part III. of the First Schedule hereto;

    " Rules of good husbandry " means (due regard being had to the character of the holding) so far as is practicable, having regard to its character and position—

    (a) the maintenance of the land (whether arable, meadow, or pasture), clean and in a good state of cultivation and fertility, and in good condition; and

    (b) the maintenance and clearing of drains, embankments, and ditches ; and

    (c) the maintenance and proper repair of fences, stone walls, gates, and hedges; and

    (d) the execution of repairs to buildings, being repairs whteh are necessary for the proper cultivation and working of the land on which they are to be executed ; and

    (e) such rules of good husbandry as are generally recognised as applying to holdings of the same character and in the same neighbourhood as the holding in respect of which the expression is to be applied:

    Provided that the foregoing definition shall not imply an obligation on the part of any person to maintain or clear drains, embankments, or ditches, if and so far as the execution of the works required is rendered impossible (except at prohibitive or unreasonable expense) by reason of subsidence of any land or the blocking of outfalls which are not under the control of that person, or in its application to land in the occu­pation of a tenant imply an obligation on the part of the tenant—

    (i)  to maintain or clear drains, embank­ments, or ditches, or to maintain or properly repair fences, stone walls, gates, or hedges where such work is not required to be done by him under his lease; or

    (ii) to execute repairs to buildings which are not required to be executed by him under his lease.

    (2) References to the terms, conditions, or require­ments of a lease of or of an agreement relating to a holding shall be construed as including references to any obligations, conditions, or liabilities implied by the custom of the country in respect of the holding.

    (3)  The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improvements, or under any agreement made in pursuance of this Act.

    (4)  Anything which by or under this Act is required or authorised to be done to, by, or in respect of the landlord of a holding may be done to, by, or in respect of any agent of the landlord duly authorised in that behalf.

    (5)  Unless or until a tenant of a holding shall have received notice that the person theretofore entitled to receive the rents and profits of the holding (hereinafter referred to as " the original landlord ") has ceased to be so entitled, and also notice of the name and address of the person who has become entitled to receive such rents and profits, any notice, request, demand or other instru­ment which the tenant shall serve upon or deliver to the original landlord shall be deemed to have been served upon or delivered to the landlord of such holding.






52 & 53 Vict. c. 63.

        50.  The enactments specified in the Fourth Schedule l to this Act are hereby repealed to the extent mentioned in the third column of that schedule :

    Provided that—

    (a) all orders and acts of sederunt made, and scales of expenses, and instruments issued and notices, consents, certificates, and directions given and having effect under any enactment hereby repealed shall have effect as if they had been made, issued, or given under this Act:

    (b) the mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889, with regard to the effect of repeals.


        51. This Act shall come into operation at the expiration of one month after the passing thereof.

Short title and extent.

        52.—(1) This Act may be cited as the Agricultural Holdings ( Scotland ) Act, 1923.

    (2)  This Act shall extend to Scotland only.

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