OpenLegislation

Paragraph 20 Negotiation of diversification agreementI1

Scotland Not yet in force

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

(1)

This paragraph applies where a landlord notifies a small landholder under paragraph 19(1)(b) that the landlord objects to a diversification proposal in a notice of diversification.

(2)

The landholder may, within the period of 30 days beginning with the day on which notification of the objection is given, notify the landlord in writing that the landholder wishes to negotiate a diversification agreement with the landlord.

(3)

Where, following notification being given under sub-paragraph (2), the landholder and the landlord enter into a diversification agreement, the notice of diversification is to be treated as if it had not been given if—

(a)

the agreement is entered into within the period of 90 days beginning with the day on which notification of the objection was given under paragraph 19(1), and

(b)

when the agreement is entered into, the landlord has not made an application to the Land Court under paragraph 23(2) in relation to the objection (but see paragraph 24).

(4)

Sub-paragraph (5) applies where the landholder notifies the landlord under sub-paragraph (2) that the landholder wishes to negotiate with the landlord.

(5)

The period within which the landlord may—

(a)

withdraw the objection to the diversification proposal in the notice of diversification under paragraph 21(1), or

(b)

make an application to the Land Court under paragraph 23(2) in relation to the objection,

is, instead of the period mentioned in paragraph 21(1) or (as the case may be) 23(3), the period of 90 days beginning with the day on which the objection is notified under paragraph 19(1)(b).

Annotations

Commencement

I1

Sch. 2 para. 20 not in force at Royal Assent, see s. 47(2)