Section 36 Valuation etc.: further provision

I1(1)

The valuer is—

(a)

to invite—

(i)

the seller and the tenant; and

(ii)

where the land forms part of an estate, any other person the valuer considers to have an interest in the estate,

to make written representations about the matters mentioned in subsection (2); and

(b)

to have regard to any such representations.

(2)

The matters are—

(a)

the valuation of the land; and

(b)

where the land forms part of an estate, any valuation of the estate (and any apportionment of a reduction in the value of the estate),

under section 34.

(3)

The valuer may—

(a)

enter onto land; and

(b)

make any reasonable request of the seller and tenant,

for the purposes of any assessment under section 34.

(4)

The valuer must, within 6 weeks of being appointed, send to the seller and the tenant a notice in writing specifying the price payable by the tenant under section 34(8) and setting out how the price was calculated.

(5)

The expenses of the valuer accrued in carrying out the valuer’s functions under section 34 and this section are to be—

(a)

met by the tenant; or

(b)

where subsection (2) of section 33 applies, shared equally between the tenants mentioned in that subsection.

(6)

Where—

(a)

the Land Court has made an order under section 32(7);

(b)

the tenant to whom the order applies has complied with the order; and

(c)

the seller does not proceed with the sale of the land to the tenant,

the seller is liable to the tenant for any expenses met by the tenant by virtue of subsection (5).

I2(7)

The Scottish Ministers may by regulations make further provision for or in connection with the matters provided for in this section and sections 33 and 34.

Annotations

Commencement

I1: S. 36(1)-(6) in force at 15.12.2004 by S.S.I. 2004/511, art. 2
I2: S. 36(7) in force at 27.11.2003 by S.S.I. 2003/548, art. 2(b)(vi) (with Sch.)

Notes on Part 2

Modifications

C1: Pt. 2 applied (with modifications) (23.12.2004) by Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 (S.S.I. 2004/557), regs. 1, 4
C2: Pt. 2 modified (23.12.2004) by Agricultural Holdings (Right to Buy Modifications) (Scotland) Regulations 2004 (S.S.I. 2004/557), regs. 1, 3