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

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Settlement of claims between landlord and tenant on termination of tenancy

Settlement of claims by arbitration.


        68.—(1)  Without prejudice to any other provision of this Act, any claim of whatever nature by the tenant or the landlord of an agricultural holding against his landlord or his tenant, being a claim which arises—

    (a)  under this Act or any custom or agreement, and

    (b)  on or out of the termination of the tenancy of the holding or part thereof,

shall, subject to the provisions of this section, be determined by arbitration.

    (2)  Without prejudice to any other provision of this Act, no such claim as aforesaid shall be enforceable unless before the expiration of two months from the termination of the tenancy the claimant has served notice in writing on his landlord or his tenant, as the case may be, of his intention to make the claim.

A notice under this subsection shall specify the nature of the claim, and it shall be a sufficient specification thereof if the notice refers to the statutory provision, custom, or term of an agreement under which the claim is made.

    (3)  The landlord and the tenant may within the period of four months from the termination of the tenancy by agreement in writing settle any such claim as aforesaid, and the Secretary of State may upon the application of the landlord or the tenant made within that period extend the said period by two months and, on a second such application made during these two months, by a further two months.

    (4)  Where before the expiration of the said period and any extension thereof under the last foregoing subsection any such claim as aforesaid has not been settled, the claim shall cease to be enforceable unless before the expiration of one month from the end of the said period and any such extension, or within such longer time as the Secretary of State may in special circumstances allow, an arbiter has been appointed by agreement between the landlord and the tenant under the provisions of this Act in that behalf or an application for the appointment of an arbiter under those provisions has been made by the landlord or the tenant.

    (5)  Where a tenant lawfully remains in occupation of part of an agricultural holding after the termination of a tenancy, references in subsections (2) and (3) of this section to the termination thereof shall be construed as references to the termination of the occupation.

    (6)  This section shall not apply to a claim arising on or out of the termination of a tenancy before the first day of November, nineteen hundred and forty-eight.

 
Recovery of sums due under this Act

Recovery of compensation and other sums due.


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


Power of tenant to obtain charge on holding in respect of compensation.


        70.—(1)  Where on or after the first day of November, nineteen hundred and forty-eight, any sum has become payable to the tenant of an agricultural holding in respect of compensation by the landlord and the landlord has failed to discharge his liability therefor within one month after the date on which the sum became payable, the Secretary of State may, on the application of the tenant and after giving not less than fourteen days' notice of his intention so to do to the landlord, create, where the landlord is the absolute owner of the holding, a charge on the holding, or where the landlord is the lessee of the holding under a lease recorded under the Registration of Leases (Scotland) Act. 1857, a charge on the lease for the payment of the sum due.

    (2)  For the purpose of creating a charge under this section for the payment of any sum due, the Secretary of State may make in favour of the tenant a charging order charging and burdening the holding or the lease, as the case may be, with an annuity to repay the sum due together with the expenses of obtaining the charging order and recording it in the appropriate Register of Sasines; and the provisions of subsection (2) and subsections (4) to (10) of section fifty-five of the Water (Scotland) Act, 1946, shall, with the following and any other necessary modifications, apply to any such charging order —

    (a)  for any reference to the local authority there shall be substituted a reference to the Secretary of State;

    (b)  for any reference to the period of thirty years there shall be substituted a reference to such period (not exceeding thirty years) as the Secretary of State may determine;

    (c)  for references to. Part III of the said Act of 1946 there shall be substituted references to this Act.

    (3)  The creation of a charge on a holding or the lease of a holding under this section 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 is held.

 
Supplementary provisions


Representations to the Secretary of State.


        71.—(1)  Any enactment in this Act providing, in relation to the taking of any action by the Secretary, of State, for his taking the action after affording to a person an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, shall be construed as a provision that the Secretary of State shall comply with the following requirements.

    (2)  The Secretary of State shall give notice to the said person specifying the action proposed to be taken and informing him of the effect of the three following subsections.

    (3)  If within the prescribed time and in the prescribed manner the said person makes representations to the Secretary of State in writing, the Secretary of State shall not take the action in question until he has considered the representations.

    (4)  If, whether or not representations are made to the Secretary of State in writing, the said person within the prescribed time and in the prescribed manner requires that an opportunity be afforded to him of being heard by a person appointed by the Secretary of State for the purpose, such an opportunity shall be afforded to him and, on the same occasion, to any other person to whom under the enactment referred to in subsection (1) of this section the Secretary of State is required to afford such an opportunity, and the Secretary of State shall not take the action in question until he has considered any representations made at the hearing.

    (5)  No officer or servant of an Agricultural Executive Committee or of any sub-committee thereof shall be appointed under the last foregoing subsection to receive representations relating to land in the area of the Committee.


References to the Land Court.


        72.—(1)  In any case where by any of the provisions of this Act a person is empowered to require that a proposal of the Secretary of State to take any action shall be referred to the Land Court, then, if within the prescribed time and in the prescribed manner the said person so requires, the proposal shall be referred accordingly.

    (2)  On any such reference the Land Court shall determine—

    (a)  whether the conditions as to which the Secretary of State must be satisfied before taking the action are fulfilled, and

    (b)  whether, having regard to their determination under the foregoing paragraph and to all the circumstances of the case, the Secretary of State should or should not take the action proposed,

and shall report to the Secretary of State accordingly; and the Secretary of State shall forward a copy of the report to any person who availed himself of an opportunity to make representations to the Secretary of State afforded to him under the provisions in question of this Act.

    (3)  In any such case as is mentioned in subsection (1) of this section the Secretary of State shall not give effect to the proposal until the expiration of the period within which a reference to the Land Court may be required.

    (4)  Where such a reference is duly required, the Secretary of State shall act in accordance with the report of the Land Court and not otherwise.

    (5)  Forthwith after taking action in any such case as is mentioned in subsection (1) of this section, the Secretary of State shall serve notice thereof in writing on any person who under the provisions in question of this Act was entitled to be afforded an opportunity to make representations to the Secretary of State.


Proceedings of the Land Court.


        73.   The provisions of the Small Landholders (Scotland) Acts,1886 to 1931, with regard to the Land Court shall, with any necessary modifications, apply for the purpose of the determination of any matter which they are required by or under this Act to determine, in like manner as those provisions apply for the purpose of the determination by the Land Court of matters referred to them under those Acts.

 
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