Land Settlement (Scotland) Act 1919

9 & 10 Geo. 5 c. 97 · Enacted 23 December 1919 · Extends to United Kingdom

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 16 June 2025.

See the changes not yet applied

Provision	Change	Made by
s. 15	repealed	Land Reform (Scotland) Act 2025 Sch. 2 para. 77(1)(d)(ii)
s. 9-12	repealed	Land Reform (Scotland) Act 2025 Sch. 2 para. 77(1)(d)(i)
s. 16	repealed	Land Reform (Scotland) Act 2025 Sch. 2 para. 77(1)(d)(ii)

An Act to make further provision for the acquisition of land for the purposes of small holdings, reclamation, and drainage, and other purposes relating to agriculture in Scotland, to amend the Small Landholders (Scotland) Act, 1911, and the enactments relating to allotments, and otherwise to facilitate land settlement in Scotland.

[23rd December 1919]C1 C2 C3 C4 C5

Annotations to the whole text

Modifications

C1: Act applied by Agricultural Land (Utilisation) Act 1931 (c. 41), s. 24(f); applied with modifications by Land Drainage (Scotland) Act 1958 (c. 24), s. 14; extended by Countryside (Scotland) Act 1967 (c. 86), s. 60
C2: Functions of Board of Agriculture for Scotland now exercisable by Secretary of State: Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 1 and Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1
C3: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C4: Act applied (with modifications) by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34, SIF 2:1), s. 11(8)
C5: Act applied (with modifications) by S.I. 1989/380, regs. 9–12, Sch. 5 para. 25

Part I: Provisions as to the Acquisition of Land
1Compulsory acquisition of land for purposes of the Small Holding Colonies Acts, 1916 and 1918.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
3Provisions as to compulsory acquisition of land, and entry on land to be acquired. Repealed
4Power to contract to pay feu duty, &c.
5Compensation to labourers. Repealed
6Duty of Board with respect to Sale or lease of land.
7Powers of Board with respect to land acquired.
8Power of entry to inspect land. Repealed
Part II: Amendment of the Small Landholders (Scotland) Act, 1911
9Amendment of section 7 of Act of 1911.
10Erection of fences.
11Amendment of section 16 of Act of 1911.
12Amendment of section 17 of Act of 1911.
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
14Powers of Land Court as to common pastures or grazings.
15As to land within burgh in crofting counties.
16Power to make advances to land banks, &c.
17Consequential and minor amendments of Act of 1911.
Part III: Allotments Repealed
18Powers relating to allotments. Repealed
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
20Section 20 Repealed
21Temporary use for allotments of land acquired for other purposes. Repealed
22Provisions as to allotments. Repealed
23Consequential and minor amendments of Act of 1892. Repealed
24Interpretation. Repealed
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
Part IV: Financial
26Loans to Board. Repealed
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
Part V: General
28—30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
31Construction.
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
33Citation.
Schedule FIRST: Provisions as to the Compulsory Acquisition of Land Repealed
1Paragraph 1 Repealed
2Paragraph 2 Repealed
3Paragraph 3 Repealed
4Paragraph 4 Repealed
5Paragraph 5 Repealed
6Paragraph 6 Repealed
7Paragraph 7 Repealed
8Paragraph 8 Repealed
Schedule SECONDMinor and Consequential Amendments of the Act of 1911.
Schedule THIRDMinor and Consequential Amendments of the Act of 1892.
Schedule FOURTHSchedule FOURTH

1Compulsory acquisition of land for purposes of the Small Holding Colonies Acts, 1916 and 1918.

F1(1)

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(2)

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(3)

The Board shall, in addition to the powers conferred on them by the said Acts, have in relation to all land acquired by them thereunder, whether before or after the passing of this act and wherever situated, and in relation to the tenants and small landholders occupying such land, the like powers which they possess in relation to land acquired under the M1Congested Districts (Scotland) Act, 1897, and in relation to the landholders, cottars and fishermen in that Act mentioned.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3Provisions as to compulsory acquisition of land, and entry on land to be acquired.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Power to contract to pay feu duty, &c.

~~F1Where, under the~~ M1~~Small Holding Colonies Acts, 1916 and~~ M21918, the Board has power to purchase land in consideration of a feu duty, ground annual, or other annual payment, the Board shall have power and shall be deemed always to have had power to contract to pay the feu duty, ground annual, or other annual payment as and when it becomes due.

5Compensation to labourers.F1

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6Duty of Board with respect to Sale or lease of land.

(1)

Land acquired by the Board under the Small Holding Colonies Acts, 1916 and 1918, shall be sold or let by the Board at such price or rent as in the opinion of the Board is reasonable.

(2)

The Board may give to the tenant of a small holding an option to purchase the holding on such terms as may be agreed and may be consistent with the provisions of this section, and on any such sale any increase in the value of the land due to improvements executed by and at the expense of the tenant shall not be taken into account as affecting the price to be paid for the land.

C1 C2 C3(3)

A tenant of a holding provided by the Board on land acquired by the Board who has been in occupation thereof for a period of not less than six years shall, on notice of his desire to purchase the holding being given to the Board at any time before the tenant has received notice to quit, be entitled to require the sale to him of the holding at the expiration of one month from the date of the notice at the then value of the holding, exclusive of any increase of the value thereof due to any improvement executed thereon by and at the expense of the tenant, and thereupon the Board shall in the first instance sell the holding to the tenant accordingly, F1unless it appears to the Secretary of State that there are good and sufficient reasons for refusing the requirements of the tenant.

(4)

The value of the holding shall, in default of agreement, be determined by the Scottish Land Court.

F2(5)

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F3(6)

Subsections (3) and (4) above shall not apply to crofts as defined in section 3 of the Crofters Scotland Act 1955.

7Powers of Board with respect to land acquired.

Without prejudice to any other power conferred on the Board by the M1Congested Districts (Scotland) Act, 1897 F1... the Board shall have power in any case where in their opinion it is necessary or expedient so to do for the better carrying into effect the purposes of those Acts or of this Act—

(a)

to erect, repair, or improve dwelling-houses and other buildings on any land acquired by the Board, or to execute any other improvement on or in connection with and for the benefit of any such land, or to arrange with the tenant or holder of any such land for the execution of any such improvement on such terms as may be agreed:

(b)

to sell, excamb, or let any such land or any right or interest therein: and

(c)

generally to manage any such land.

8Power of entry to inspect land.F1

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9Amendment of section 7 of Act of 1911.C1

For subsections (8), (9), (10) and (11) of section seven of the M1 Small Landholders (Scotland) Act, 1911 (in this Act referred to asthe Act of 1911), there shall be substituted the following subsections:—

“(8)
(a)
Where the Board are satisfied that there is a demand for small holdings and that suitable land is available for that purpose, it shall be the duty of the Board to prepare a scheme for the constitution of one or more new holdings on such land, to be occupied by new holders upon such terms and conditions not inconsistent with the Landholders Acts as the Board think reasonable.
(b)
Every scheme shall show —
(i)
the situation and the total area of the land on which one or more new holdings are to be constituted;
(ii)
the number and respective situations and areas of the new holdings;
(iii)
which, if any, of the existing buildings on the land are to be utilised for the new holdings;
(iv)
the water supply for each new holding, including the source from which the supply is to be taken, and any necessary pipes or other works;
(v)
the situation and area of any common pasture or grazing to be occupied in connection with the new holdings; and
(vi)
the rent of each new holding.
(c)
Where the Board are satisfied that ther is not available on the landon which the new holdings are to be constituted a supply of water sufficient for the holdings, they may include in the scheme provision for taking and conveying from or through any part of the estate whereof such land forms part such supply of water as may be necessary for the new holdings and which can be taken without detriment to the requirements of the remainder of the estate; and, for the purposes of this section, any land from or through which supply of water is to be taken or conveyed shall be deemed to be comprised in the scheme.
(9)
Where the Board intend to prepare such a scheme, they shall give notice of their intention to the landlord of any land which is to be comprised therein, and when a landlord has recieved such notice it shall not be lawful for him, save with the consent of the Board, to let or to enter into any agreeement for letting such land or any part thereof until the Board have made an order confirming the scheme, or have abandoned the same:
Provided that—
(a)
such disability shall not in any case continue for a longer period than six months from the date of the notice, and
(b)
for an loss sustained by a landlord, tenant, or occupier from the operation of this subsection, the Board shall pay to him such compensation as may be agreed or as may be determined, failing agreement, by the Land Court on the application of either party.
(10)
When the Board have prepared a scheme under this section, they shall intimate the prepared scheme to the landlord, tenant and occupier ofany land comprised therein, and shall give to such landlord, tenant and occupier, an opportunity of considering the scheme and of making representations concerning the same to the Board, and after giving to all persons interested an opportunity of being heard may, with the consent of the Secretary of Scotland, make an order confirming the scheme, in whole or in part, and with or without modification, or may abandon the scheme.
(11)
(a)
Where the Board make any such order, they shall notify the same to the landlord, tenant and occupier of any land comprised therein, and shall pay to such landlord, tenant and occupier such compensation for any damage or injury done to him in consequence of and directly attributable to the constitution of new holdings under the scheme (including any damage or injury done to a landlord in respect of an obligation to take over sheep stock at a valuation) as may be agreed or as may be determined, failing agreement, by the Land Court, upon the applicattion of either party, and after giving to all persons interested an opportunity of being heard, and, if they so desire, of leading evidence in the matter.
(b)
The compensaton payable under this subsection shall not include—
(i)
any allowance on account of the constitution of new holdings being compulsory :
(ii)
any compensation for injury done to or depreciation in the selling value of the land comprised in the scheme, or of any estate whereof such land forms part, except in so far as the same arises from injury done to or depreciation in the letting value of the land or estate; or
(iii)
any compensaton for injury done to the value of the sporting rights over such land or estate in so far as it exceeds the estimated valueof such rights if the land or estate were put to the full reasonable use for which it could be let under ordinary lease to ordinary agricultural or pastoral tenants:
(c)
For the purpose of this subsection, any benefit or relief enhancing the letting value of the land comprised in the scheme or of any estate of which such land forms part resulting to a landlord or to any other person in consequence of and directly attributable to the constitution of new holdings under the scheme upon the one hand shall be set against any damage or injury done to him as aforesaid upon the other hand.
(d)
In determining the amount of compensation payable to the tenant of any farm, regard shall be had to the duration of his lease, and in no case shall any allowance for loss of tenant’s profits be made in respect of a period exceeding three years.
(e)
(i)
Where any compensation has been awarded and the amount thereof determined by the Land Court under this subsection, the Board may, at any time within two months of determination, resolve to abandon the scheme and withdraw the order, paying to any person any expenses reasonbly incurred by him in connection with the making of the order or the claim for compensation, as such expenses may, failing agreement, be determined by the Land Court on the application of either party.
(ii)
Subject to the foregoing provision, every order made by the Board for the consitution of new holdings shall be recorded in the Landholders’ Holdings Book as if it were an order from the Land Court, and shall thereupon have effect and be enforcable in like manner as an order of the Land Court so recorded.
(f)
In any case where the Board have entered into an agreement with alandlord or a tenant or any other person for or in connection with the constitution of one or more new holdings upon land in which such landlord, tenant or other person is interested, the Board may pay to any person so interested, whether a party to the agreement or not, such compensation (or other consideration in money), if any, as the Board consider equitable and consistant with the provisions of this subsection in respect of any damage or injury done to him inconsequence of and directly attributable to the constitution of the new holdings, and it may be a term of any such agreement entered into by the Board with a landlord that section seventeen of this Act shall apply in respect of any such new holding as if the holding had been constituted otherwise than by agreeement, and in that case the said section shall apply accordingly.
(g)
Where any landlord interested represents to the Secretary for Scotland that a prepared scheme ought not to be confirmed, the Secretary may, before giving his consent to the scheme, refer the same to the Land Court for inquiry and report.”

10Erection of fences.

Where the Board make any order for the constitution of new holdings, they shall, if so requested by the landlord, be bound to erect and maintain, or cause to be erected and maintained, such march fence, or fences F1as the usual and reasonable practice of agriculture and estate management may require in the conditions, any dispute as to the necessity for or the adequacy of such fence or fences to be settled failing agreement by the Land Court.

11Amendment of section 16 of Act of 1911.C1

For the proviso to subsection (1) of section sixteen of the Act of 1911 (which relates to amendment of law as to enlargement of holdings)there shall be substituted the following proviso—

"Provided that all applications for enlargement under section eleven ofthe Act of 1886 shall be made to the Board, and the provisions of the section of this Act relating to the constitution of new holdings shall, with the necessary modifications, apply as fully for the purpose of applications for enlargement as for the purpose of the constitution of new holdings, and accordingly the Board shall be substituted for the Land Court in sections twelve (except the last paragraph of the said section twelve), thirteen, fourteen, fifteen and twenty-one of the Act of 1886 (except the last two paragraphs of the said section twenty-one), and the said section twenty-one shall be further amended by the omission therefrom of the words “or otherwise interested in” and of the words “including heritable creditors holding securities over the same”.

12Amendment of section 17 of Act of 1911.C1

Section seventeen of the Act of 1911 (which relates to amendment oflaw as to vacant holdings) shall be amended by the addition thereto ofthe following proviso:—

"Provided further that, where a landlord lets a holding otherwise than in compliance with the provisions of this section, the Board shall be entitled to declare the let null and void and without payment of any compensation to treat the holding as if it had been duly constituted a new holding under this Act, or assign the same for the enlargement of a neighbouring holding or holdings."

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

14Powers of Land Court as to common pastures or grazings.C1

For subsection (5) of section twenty-four of the Act of 1911 shall be substituted the following subsection:—

“(5)
(a)
The Land Court may, on the application of the landlord, or landlords,or any landholder, and on such conditions as they consider equitable,apportion a common pasture or grazing into separate parts for theexclusive use of the several townships or persons interested, eitheras arable ground or as pasture, or as sites for houses or other buildings, if satisfied that such apportionment is for the good of the estate or estates, and of the holdings or tenancies concerned.
(b)
The Land Court may, on the like application, or on the application of the Board, and on the like conditions, admit new holders to participate in a common pasture or grazing occupied by existing landholdrs, statutory small tenants, or others, or apportion a common pasture or grazing for the exclusive use of new holders, either in common or individually, and either as arable ground or pasture, or as sites for houses or other buildings, if satisfied that such apportionment is for the good of the estate or estates and of the holdings or tenancies concerned.
(c)
The Land Court may, on the application of the Board, and on the like conditions, grant pasture or grazing rights on a common pasture or grazing to cottars who have been in use to pasture or graze stock thereupon.”

15As to land within burgh in crofting counties.

Notwithstanding anything contained in paragraph (c) of subsection (3) of section twenty-six of the Act of 1911, or in the reference to that paragraph in subsection (4) of the said section, a person shall be admissible to registration as a new holder under the Act of 1911 in respect of land within the parliamentary F1... boundary of any burgh ... situate in the counties of Argyll, Inverness, Ross and Cromarty, Sutherland, Caithness, and Orkney and Shetland.

16Power to make advances to land banks, &c.C1

In addition to the purposes mentioned in section six of the Act of 1911, the Board may, on such terms and conditions as they think proper, with the approval of . . . . . . F1 the Treasury, apply the Agriculture (Scotland) Fund constituted under section five of that Act in making or guaranteeing advances, either directly or indirectly, to land banks or co-operative or credit societies having for their object or one of their objects the assistance of tenants under Part I of this Act, landholders, or statutory small tenants, in the stocking, equipment, and profitable working of their holdings.

17Consequential and minor amendments of Act of 1911.C1

The amendments specified in the second column of the Second Schedule to this Act (which relate to consequential and minor matters) shall be made in the provisions of the Act of 1911 mentioned in the first column of that schedule.

18Powers relating to allotments.F1

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19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

20F1

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21Temporary use for allotments of land acquired for other purposes.F1

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22Provisions as to allotments.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Consequential and minor amendments of Act of 1892.F1

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24Interpretation.F1

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25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

26Loans to Board.F1

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27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

28—30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

31Construction.C2 C1

(1)

This Act, so far as it amends the Act of 1911, shall be construed as one with that Act, and references in this Act to that Act or to any provision of that Act shall be construed as references to that Act or provision as amended by this Act.

(2)

References in this Act to the Act of 1892 shall be construed as references to that Act as amended by this Act.

(3)

References in this Act to the M1Small Holding Colonies Acts, 1916 and M21918, shall be construed as references to those Acts as amended by this Act.

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

33Citation.

This Act may be cited as the Land Settlement (Scotland) Act, 1919, and the Small Landholders (Scotland) Acts, 1886 to 1911, and so much of this Act as amends the Act of 1911 may be cited together as the Small Landholders (Scotland) Acts, 1886 to 1919.

Enactment to be amended.	Amendment.
Small Landholders (Scotland) Act, 1911 (1 & 2 Geo. 5. c. 49).
Section 7	At the end of subsection (6) the following words shall be inserted:— “ nor shall the rent payable in respect of a new holding constituted bya scheme made under this section be so altered for a like period ”.
	In subsection (12) for the words “Land Court” there shall be substitutedthe word “Board”.
	At the end of subsection (18) the following words shall beinserted:— “ and any other land which has been or may be acquired by the Board ”
Section 24	In subsection (3) after the words “or the Land Court” there shall beinserted the words “or the Board” and after the words “from the LandCourt”, there shall be inserted the words “or from the Board”.
Section 35	For the words “Land Court” there shall be inserted the word “Board.”

Schedule THIRDMinor and Consequential Amendments of the Act of 1892.C1

Enactment to be amended.	Amendment.
The Allotments (Scotland) Act, 1892 (55 & 56 Vict. c. 54.)
Section 2	For the word “county,” wherever occurring, there shall be substitutedthe word “parish”.
Section 3	In paragraphs (a) and (b) of subsection (5), and in subsection (7),for the words “local authority,” wherever occurring, there shall besubstituted the words “Board of Agriculture for Scotland,” and for thewords “a provisional order,” wherever occurring, there shall besubstituted the words “an order”.
Section 12	For the words “any parish in their county” there shall be substitutedthe word “parish”.
Section 14	For the word “county,” wherever occurring, there shall be substitutedthe word “parish”.
Section 16	In the definition of “local authority,” for the words “in a county thecounty council” there shall be substituted the words “elsewhere than aburgh the parish council”.

Schedule FOURTHF1

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Land Settlement (Scotland) Act 1919

Annotations to the whole text

Modifications

Contents