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Section 32R Notice of declinatureF1

(1)

The landlord may, at any time before the expiry of the period of 28 days mentioned in section 32Q(4), serve notice on the tenant stating that the landlord does not wish to accept the notice of intention to relinquish.

(2)

A notice served under subsection (1) is a “notice of declinature”.

(3)

The landlord must, at the same time as serving a notice of declinature, send a copy of the notice to—

(a)

the Tenant Farming Commissioner,

(b)

any valuer appointed under section 32G(2) or, as the case may be, 32H(5)(b).

(4)

Where the landlord serves notice of declinature—

(a)

if no person has been appointed as the valuer under section 32G(2), the Tenant Farming Commissioner need not so appoint a person,

(b)

if a valuer has been appointed under section 32G(2) or, as the case may be, 32H(5)(b), the valuer's appointment comes to an end.

Annotations

Textual amendments

F1

Pt. 3A inserted (23.12.2016 for specified purposes, 28.2.2021 in so far as not already in force) by Land Reform (Scotland) Act 2016 (asp 18), ss. 110(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2; S.S.I. 2020/428, reg. 2

Notes on Part 3A

Modifications

C1

Pt. 3A modified (28.2.2021) by The Agricultural Holdings (Relinquishment and Assignation) (Application to Relevant Partnerships) (Scotland) Regulations 2021 (S.S.I. 2021/106), regs. 1(1), 3