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Section 9 Arbitration as to permanent pasture.C1

Scotland

(1)

Where under the lease of an agricultural holding, whether entered into before or after the commencement of this Act, provision is made for the maintenance of specified land, or a specified proportion of the holding, as permanent pasture, the F1Land Court may determine the holding that the amount of land required to be maintained as permanent pasture should be reduced.

(2)

F2The Land Court may in its determination direct that the lease shall have effect subject to such modifications of its provisions as to land which is to be maintained as permanent pasture or is to be treated as arable land, and as to cropping, as may be specified in the direction.

(3)

If the F3Land Court gives a direction under subsection (2) above reducing the area of land which is to be maintained as permanent pasture, F4it may also direct that the lease shall have effect as if it provided that on quitting the holding on the termination of the tenancy the tenant should leave—

(a)

as permanent pasture, or

(b)

as temporary pasture sown with seeds mixture of such kind as may be specified in that direction,

(in addition to the area of land required by the lease, as modified by the direction, to be maintained as permanent pasture) a specified area of land not exceeding the area by which the land required to be maintained as permanent pasture has been reduced by the direction under subsection (2) above.

Annotations

Textual amendments

F1

Words in s. 9(1) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 14(a) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F2

Words in s. 9(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 14(b) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F3

Words in s. 9(3) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 14(c)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F4

Words in s. 9(3) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 14(c)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

Modifications

C1

S. 9 applied (with modifications) (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 15, 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/548, art. 2(a) (with Sch.)