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

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Power of land improvement companies to advance money.


        83.   Any company now or hereafter incorporated by Parliament or incorporated under the Companies Act, 1948, 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 charging order duly made and recorded under this Act, on such terms and conditions as may be agreed upon between the company and the person entitled to the order.


Appointment of guardian to landlord or tenant in certain cases.


        84.   Where the landlord or the tenant of an agricultural holding is a pupil or a 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, for the purposes of this Act, a tutor or a curator, and may recall the appointment and appoint another tutor or curator if and as occasion requires.


Validity of consents, etc.


        85.   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 enactments regulating the execution of deeds in Scotland .

 
Provisions as to Crown land


Application of Act to Crown land.


        86.—(1)  This Act shall apply to land belonging to His Majesty in right of the Crown, subject to such modifications as may be prescribed; and for the purposes of this Act the Commissioners of Crown Lands or other the proper officer or body having charge of the land for the time being, or if there is no such officer or body, 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.

    (2)  Without prejudice to the provisions of the foregoing subsection it is hereby declared that the provisions of this Act apply to land notwithstanding that the interest of the landlord or the tenant thereof belongs to a government department or is held on behalf of His Majesty for the purposes' of any government department; but in their application to any land belonging, or an interest in which is held as aforesaid, the said provisions shall have effect subject to such modifications as may be prescribed.

    (3)  Section fifteen of the Crown Lands Act, 1927 (which enables the Commissioners of Crown Lands to pay out of capital the cost of carrying out certain improvements and other works) shall apply to compensation payable by them under this Act for new improvements specified in Part I or Part II of the First Schedule thereto or for improvements specified in paragraph 1, 2 or 5 of the Fourth Schedule thereto begun on or after the first day of November, nineteen hundred and forty-eight, as it applies to the cost specified in the said section fifteen, and any compensation payable under this Act by the said Commissioners for old improvements specified in Part III of the Second Schedule to this Act or in Part III of the Third Schedule thereto or for new improvements specified in Part III of the First Schedule to this Act shall be paid as part of the expenses of the management of the land revenues of the Crown.


Determination of matters relating to holdings of which the Secretary of State is landlord or tenant.


        87.—(1)  Any section of this Act under which any matter is referred to the decision of the Secretary of State shall, in its application to an agricultural holding of which the Secretary of State is himself the landlord or the tenant, have effect with the substitution of the Land Court for the Secretary of State, and any provision in any such section for an appeal to an arbiter from the decision of the Secretary of State shall not apply.

    (2)  The provisions of this Act shall, in their application to any arbitration with regard to an agricultural holding of which the Secretary of State is himself the landlord or the tenant, have effect with the substitution of the Land Court for the Secretary of State.

 
General


Expenses and receipts.


        88.—(1)  All expenses incurred by the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

    (2)  All sums received by the Secretary of State under this Act, including sums received on his behalf by any person or body of persons exercising functions on behalf of the Secretary of State, shall be paid into the Exchequer.

 
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