Agricultural Holdings (Scotland) Act 1991

Part I S Valuation Made in Respect of a Tenancy Terminating at Whitsunday

1 S The Land Court or[F1 , by virtue of section 61(1) of this Act,] the arbiter (in Part I and Part II of this Schedule referred to as “the valuer”) shall ascertain the number of, and the prices realised for, the regular cast ewes and the lambs sold off the hill from the stock under valuation at the autumn sales in each of the 3 preceding years, and shall determine by inspection the number of shotts present in the stock at that time of the valuation.

Textual Amendments

F1 Words in Sch. 10 para. 1 inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 47(a) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

2 S The valuer shall calculate an average price per ewe, and an average price per lamb, for the regular cast ewes and lambs sold as aforesaid for each of the 3 preceding years. In calculating the average price for any year the valuer shall disregard such number of regular cast ewes and lambs so sold in that year, being the ewes or lambs sold at the lowest prices, as bears the same proportion to the total number of regular cast ewes or lambs so sold in that year as the number of shotts as determined bears to the total number of ewes or lambs in the stock under valuation.

3 S The valuer shall then ascertain the mean of the average prices so calculated for the 3 preceding years for regular cast ewes and for lambs, respectively. The figures so ascertained or ascertained, in a case to which paragraph 4 below applies, in accordance with that paragraph, are in this Part of this Schedule referred to as the “3-year average price for regular cast ewes” and the “3-year average price for lambs”.

4 S In the case of any sheep stock in which the number of regular cast ewes or the number of lambs sold off the hill at the autumn sales during the preceding 3 years has been less than half the total number of regular cast ewes or of lambs sold, the 3-year average price for regular cast ewes or the 3-year average price for lambs, as the case may be shall [F2 where the valuer is the Land Court (and not an arbiter appointed by virtue of section 61(1) of this Act), on the application of the parties,], in lieu of being ascertained by the valuer as aforesaid, be determined F3 ... by reference to the prices realised at such sales for regular cast ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.

Textual Amendments

F2 Words in Sch. 10 para. 4 inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 47(b)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F3 Words in Sch. 10 para. 4 repealed (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 47(b)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

5 S The 3-year average price for regular cast ewes shall be subject to adjustment by the valuer within the limits of 30 per cent upwards or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes, and is in this Part of this Schedule referred to as the “basic ewe value”.

The valuer shall adjust the 3 year average price for lambs within the limits of 20 per cent upwards or downwards as he may think proper having regard to their quality and condition. The resultant figure shall be the basis for the valuation of the lambs and is in this Part of this Schedule referred to as the “basic lamb value”.

6 S In making his award the valuer shall value the respective classes of stock in accordance with the following rules, that is to say—

(a) ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of 30 per cent of such value per head;

(b) lambs shall be valued at the basic lamb value but twin lambs shall be valued at such price as the valuer thinks proper;

(c) ewe hoggs shall be valued at three quarters of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of 25 per cent per head upwards or downwards as he may think proper, having regard to their quality and condition;

(d) tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance;

(e) eild sheep shall be valued at the value put upon the ewes subject to such adjustment as the valuer may think proper having regard to their quality and condition; and

(f) shotts shall be valued at such value not exceeding two-thirds of the value put upon good sheep of the like age and class on the farm as the valuer may think proper.