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Community Empowerment (Scotland) Act 2015
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Changes over time for: Section 135
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- 15/12/2017- Amendment
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135Compensation for loss of cropsS
This section has no associated Explanatory Notes
(1)This section applies where—
(a)the whole or part of an allotment is resumed under section 127(2), and
(b)the tenant of the allotment suffers loss of any crop as a result of the resumption.
(2)The local authority that resumed the allotment under section 127(2) is liable to compensate the tenant.
(3)The Scottish Ministers must by regulations make further provision for or in connection with compensation payable under subsection (2).
(4)Regulations under subsection (3) must include, in particular, provision about the procedure to be followed in—
(a)determining whether the local authority is liable to pay compensation under subsection (2), and
(b)assessing the amount of compensation for which the local authority is liable in cases where the lease does not make such provision.
(5)Before making regulations under subsection (3), the Scottish Ministers must consult—
(a)local authorities, and
(b)any other person appearing to the Scottish Ministers to have an interest.
(6)A tenant who is aggrieved about any decision by the local authority in connection with the duty imposed by subsection (2) may appeal to the sheriff within 21 days of receiving notice of the authority's decision.
Commencement Information
I1S. 135(1)(2)(6) in force at 1.4.2018 by S.S.I. 2017/458, art. 2, sch.
I2S. 135(3)-(5) in force at 15.12.2017 for specified purposes by S.S.I. 2017/420, art. 2(1)(c)(2)
I3S. 135(3)-(5) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/458, art. 2, sch.
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