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Section 63 Compensation not to be payable for things done in compliance with this Act.

Scotland

(1)

Notwithstanding anything in the foregoing provisions of this Act or any custom or agreement—

(a)

no compensation shall be payable to the tenant of an agricultural holding in respect of anything done in pursuance of an order under F1paragraph (b) of subsection (2) of section nine of this Act;

(b)

in assessing compensation to an outgoing tenant of an agricultural holding where land has been ploughed up in pursuance of a direction under that section, the value F2per hectare of any tenant’s pasture comprised in the holding shall be taken not to exceed the average value per hectare of the whole of the tenant’s pasture comprised in the holding on the termination of the tenancy.

In this subsection the expression “tenant’s pasture” means pasture laid down at the expense of the tenant or paid for by the tenant on entering the holding.

(2)

The tenant of an agricultural holding shall not be entitled to any compensation for an old improvement specified in Part III of the Second Schedule to this Act or in Part III of the Third Schedule thereto or a new improvement specified in Part III of the First Schedule thereto, being an improvement carried out for the purposes of the proviso to subsection (1) of section thirty-five of the M1 Agricultural Holdings (Scotland) Act, 1923, or of the proviso to subsection (1) of section twelve of this Act.

Annotations

Textual amendments

F1

Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II para. 42

F2

Words substituted by S.I. 1977/2007, reg. 2, Sch. 1

Marginal citations

M1

1923 c. 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Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)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Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)