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Paragraph 2

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

If in any case the sum to be paid by virtue of the said section 56(1) to the tenant of an agricultural holding or to a statutory small tenant by an acquiring authority would, apart from this paragraph and paragraph 3 of this Schedule, fall to be ascertained in pursuance of section 54(2) of this Act by reference to the rent of the holding at a rate which was not—

(a)

determined by F1the Land Court under section 13 or 15 of this Act;

(b)

determined by F2arbitration by virtue of section 61(1) of this Act; or

(c)

in the case of a statutory small tenant, fixed by the Scottish Land Court in pursuance of section 32(7) and (8) of the 1911 Act;

and which the authority consider is unduly high, the authority may make an application to the Lands Tribunal for Scotland for the rent to be considered by the tribunal;

Annotations

Textual amendments

F1

Words in Sch. 8 para. 2 substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 45(a)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F2

Words in Sch. 8 para. 2 substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 45(a)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

Notes on Schedule 8

Modifications

C1

Sch. 8 modified (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 54(6), 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/548, art. 2(d) (with Sch.)