# Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991), Section 26: Provisions as to consents for purposes of preceding section.

Extent: S

(1) Except where section 26A(3) of this Act applies The Agricultural Land Tribunal shall consent under the last foregoing section to the operation of a notice to quit an agricultural holding or part of an agricultural holding if, but only if, they are satisfied as to one or more of the following matters, being a matter or matters specified by the landlord in his application for their consent, that is to say—
(a) that the carrying out of the purpose for which the landlord proposes to terminate the tenancy is desirable in the interests of good husbandry as respects the land to which the notice relates, treated as a separate unit; or
(b) that the carrying out thereof is desirable in the interests of sound management of the estate of which the land to which the notice relates forms part or which that land constitutes; or
(c) that the carrying out thereof is desirable for the purposes of agricultural research, education, experiment or demonstration, or for the purposes of the enactments relating to smallholdings or such holdings as are mentioned in section sixty-four of the Agriculture (Scotland) Act, 1948 or allotments; or
(d) that greater hardship would be caused by withholding than by giving consent to the operation of the notice; or
(e) that the landlord proposes to terminate the tenancy for the purpose of the land’s being used for a use, other than for agriculture, not falling within paragraph (c) of subsection (2) of the last foregoing section:
Provided that, notwithstanding that they are satisfied as aforesaid, the Tribunal shall withhold consent to the operation of the notice to quit if in all the circumstances it appears to them that a fair and reasonable landlord would not insist on possession.
2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where . . . the Land Court consents under the last foregoing section to the operation of a notice to quit . . . the Court may , subject to section 26A(4) of this Act, impose such conditions as appear to . . . the Court requisite for securing that the land to which the notice relates will be used for the purpose for which the landlord proposes to terminate the tenancy.
(6) Where, on an application by the landlord in that behalf the Secretary of State is satisfied that by reason of any change of circumstances or otherwise any condition imposed under the last foregoing subsection ought to be varied or revoked, he shall vary or revoke the condition accordingly.

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Source: https://www.legislation.gov.uk/ukpga/Geo6/12-13-14/75/section/26 (the official version)
Page: https://openlegislation.uk/agricultural-holdings-scotland-act-1949-repealed-2591991/section-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.