Section 15 Compensation for damage by game.C1
Scotland
Subject to the provisions of this section, where the tenant of an agricultural holding has sustained damage to his crops from game, the right to kill and take which is vested neither in him nor in anyone claiming under him other than the landlord, and which the tenant has not permission in writing to kill, he shall be entitled to compensation from his landlord for the damage if it exceeds in amount the sum of F112 pence per hectare of the area over which it extends:
Provided that compensation shall not be recoverable under this section unless—
notice in writing is given to the landlord as soon as may be after the damage was first observed by the tenant, and a reasonable opportunity is given to the landlord to inspect the damage—
in the case of damage to a growing crop, before the crop is begun to be reaped, raised or consumed; and
in the case of damage to a crop reaped or raised, before the crop is begun to be removed from the land; and
notice in writing of the claim, together with the particulars thereof, is given to the landlord within one month after the expiration of the calendar year, or such other period of twelve months as by agreement between the landlord and the tenant may be substituted therefor, in respect of which the claim is made.
The amount of compensation payable under this section shall, in default of agreement made after the damage has been suffered, be determined by arbitration.
Where the right to kill and take the game is vested in some person other than the landlord, the landlord shall be entitled to be indemnified by that other person against all claims for compensation under this section; and any question arising under the foregoing provisions of this subsection shall be determined by arbitration.
In this section the expression “game” means deer, pheasants, partridges, grouse and black game.
Annotations
Textual amendments
- F1
Words substituted by S.I. 1977/2007, reg. 2, Sch. 1
Modifications
- C1
S. 15 applied with modifications by Crofters (Scotland) Act 1955 (c. 21), s. 3(3), Sch. 2 para. 10
Notes on the whole Act
Textual amendments
- F1
Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)
- F2
Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)