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Paragraph 4 Size of small landholdingI1

Scotland Not yet in force

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

(1)

A small landholding must not exceed 20 hectares, unless sub-paragraph (2) applies.

(2)

This sub-paragraph applies where—

(a)

the lease of the holding is one mentioned in paragraph 1(2)(b), and

(b)

the area of the holding immediately before this paragraph comes into force exceeds 20 hectares.

(3)

The Scottish Ministers may by regulations modify this paragraph so as to—

(a)

substitute a different area for the area for the time being mentioned in sub-paragraph (1),

(b)

provide for land which is to be left out of account in calculating the size of a holding for the purposes of this paragraph.

(4)

Where sub-paragraph (2) applies, the lease may not be varied so as to add to the subjects of the lease unless, following the variation, the area of the holding would not exceed the area for the time being mentioned in sub-paragraph (1).

Annotations

Commencement

I1

Sch. 2 para. 4 not in force at Royal Assent, see s. 47(2)