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Paragraph 51 Objection to valuer appointed by Tenant Farming CommissionerI1

Scotland Not yet in force

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

(1)

The small landholder or, as the case may be, the landlord may apply to the Land Court to appoint a person as the valuer in place of the valuer appointed under paragraph 50(2) on the grounds that the valuer so appointed (either or both)—

(a)

is not independent of the landlord or (as the case may be) the landholder,

(b)

does not possess the qualifications, knowledge and experience mentioned in paragraph 50(3)(b).

(2)

An application under sub-paragraph (1)—

(a)

must—

(i)

be made before the end of the period of 14 days beginning with the date on which notice of the appointment was given to the landlord or, as the case may be, landholder under paragraph 50(5), and

(ii)

state the ground of objection to the valuer appointed by the Commissioner, and

(b)

may propose a person to be appointed as the valuer in place of the valuer appointed by the Commissioner.

(3)

The Land Court may, on an application under sub-paragraph (1)—

(a)

refuse the application, or

(b)

allow the application and appoint another person as the valuer (whether a person proposed in the application or not).

(4)

The decision of the Land Court on an application under sub-paragraph (1) is final.

Annotations

Commencement

I1

Sch. 2 para. 51 not in force at Royal Assent, see s. 47(2)