Section 52 Compensation for Sch. 1, Pt. II, improvements conditional on approval of Secretary of State in certain cases.C2C1
Scotland
Subject to the provisions of this section, compensation under this Act shall not be payable in respect of a new improvement specified in Part 11 of the First Schedule to this Act if, within one month after receiving notice under subsection (1) of the last foregoing section from the tenant of his intention to carry out the improvement, the landlord gives notice in writing to the tenant that he objects to the carrying out of the improvement or to the manner in which the tenant proposes to carry it out.
Where notice of objection has been given as aforesaid, the tenant may . . . F1apply to the Secretary of State for approval of the carrying out of the improvement, and on any such application the Secretary of State may . . . approve the carrying out of the improvement either unconditionally or upon such terms, whether as to reduction of the compensation which would be payable if the Secretary of State approved unconditionally or as to other matters, as appear to the Secretary of State to be just, or may withhold his approval . . .
If, on an application under the last foregoing subsection, the Secretary of State grants his approval, the landlord may, within one month after receiving notice of the decision of the Secretary of State, serve notice in writing on the tenant undertaking to carry out the improvement himself.
Where the Secretary of State grants his approval, then if either—
no notice is served by the landlord under the last foregoing subsection, or
such a notice is served but, on an application made by the tenant in that behalf, the Secretary of State, . . . determines that the landlord has failed to carry out the improvement within a reasonable time,
the tenant may carry out the improvement and shall be entitled to compensation under this Act in respect thereof as if notice of objection had not been given by the landlord, and any terms subject to which the approval was given shall have effect as if they were contained in an agreement in writing between the landlord and the tenant.
Annotations
Textual amendments
- F1
Words repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. II
Modifications
- C1
S. 52 excluded by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 95(4), Sch. 8 Pt. IV para. 13(2)
- C2
S. 52 amended with the substitution of “Land Court” for “Secretary of State” by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II para. 41
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)