Agricultural Holdings (Scotland) Act 1949 (c. 75)
1949 c. 75 - continued

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    An Act to consolidate the Agricultural Holdings (Scotland) Act, 1923, Part II of the Small Landholders and Agricultural Holdings (Scotland) Act, 1931, Part I of the Agriculture (Scotland) Act, 1948, and certain other enactments relating to agricultural holdings, save, with respect to rights to compensation, in their application to certain cases determined by past events.
  [24th November 1949]

    Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: —
Meaning of "agricultural holding"

Meaning of "agricultural holding."

        1.(1) In this Act the expression "agricultural holding" means the aggregate of the agricultural land comprised in a lease, not being a lease under which the said land is let to the tenant during his continuance in any office, appointment or employment held under the landlord.

    (2)  For the purposes of this and the next following section, the expression "agricultural land" means land used for agriculture which is so used for the purposes of a trade or business, and includes any other land which, by virtue of a designation of the Secretary of State under subsection (1) of section eighty-six of the Agriculture (Scotland) Act, 1948, is agricultural land within the meaning of that Act.

Provisions as to leases

Restriction on letting agricultural land for less than from year to year.

        2.(1)  Subject to the provisions of this section, where under a lease entered into on or after the first day of November, nineteen hundred and forty-eight, any land is let to a person for use as agricultural land for a shorter period than from year to year, and the circumstances are such that if he were a tenant from year to year he would in respect of that land be the tenant of an agricultural holding, then, unless the letting was approved by the Secretary of State before the lease was entered into, the lease shall take effect, with the necessary modifications, as if it were a lease of the land from year to year:

Provided that this subsection shall not have effect in relation to a lease of land entered into (whether or not the lease expressly so provides) in contemplation of the use of the land only for grazing or mowing during some specified period of the year, or in relation to a lease of land granted by a person whose interest in the land is that of a tenant under a lease which is for a shorter period than from year to year and which has not by virtue of this section taken effect as a lease from year to year.

(2)  Any question arising as to the operation of the foregoing subsection in relation to any lease shall be determined by arbitration.

Tacit relocation.

        3.—(1) The tenancy of an agricultural holding shall; instead of coming to an end on the termination of the stipulated endurance of any lease, be held to be continued in force by tacit relocation for another year and thereafter from year to year, unless such notice to terminate the tenancy as is mentioned in section twenty-four of this Act has been given by either party to the other.

    (2)  The provisions of the foregoing subsection shall have effect notwithstanding any agreement or any provision in the lease to the contrary.

Provision for securing written leases and for the revision of certain leases.

        4.—(1) Where in respect of the tenancy of an agricultural holding—

    (a)  there is not in force a lease in writing embodying the terms of the tenancy, or

    (b)  there is in force such a lease, being either—

       (i)   a lease entered into on or after the first day of November, nineteen hundred and forty-eight, or
       (ii)   a lease entered into before that, date, the stipulated period of which has expired and which is being continued in force by tacit relocation,

    and such lease contains no provision for one or more of the matters specified in the Fifth Schedule to this Act or contains a provision inconsistent with that Schedule or with the next following section

the landlord or the tenant may give notice in writing to his tenant or his landlord requesting him to enter into such a lease containing provision for all of the said matters or a provision not inconsistent with the said Schedule or the said section, as the case may be; and if within the period of six months after the giving of such notice no such lease has been concluded, the terms of the tenancy shall be referred to arbitration.

    (2)  On any such reference the arbiter shall by his award specify the terms of the existing tenancy, and, in so far as those terms make no provision for all the matters specified in the Fifth Schedule to this Act or make provision inconsistent with that Schedule or with the next following section, make such provision for those matters as appears to the arbiter to be reasonable.

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