Land Settlement (Scotland) Act 1919

Part III U.K. Allotments

Modifications etc. (not altering text)

C1 Pt. III restricted by Allotments (Scotland) Act 1950 (c. 38), s. 9

C2 Certain provisions under Pt. III as to compensation excluded by Opencast Coal Act 1958 (c. 69), s. 41, Sch. 8 paras. 3(1), 10(b)

C3 Functions of certain parish councils under Pt. III transferred to district councils by Local Government (Scotland) Act 1929 (c. 25), s. 1(2)(c)

18 Powers relating to allotments. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) The powers and duties conferred and imposed on [F2 local authorities]by this Part of this Act shall be exercised and performed as if they had been conferred and imposed by the Act of 1892, and all expenses incurred by a [F2 local authority]under that Act shall be defrayed out of the public health general assessment or out of moneys borrowed on the security of that assessment, under and subject to the provisions of the M1 Public Health (Scotland) Act, 1897, relating to that assessment and to money so borrowed.

(3) The Board may, . . . . . . F3 apply moneys out of the Agriculture (Scotland) Fund to an amount not exceeding four thousand pounds in any one year for the purpose of encouraging and developing the provision of allotments throughout Scotland in such manner as they think fit.

Textual Amendments

F1 S. 18(1) repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 237(1), Sch. 29

F2 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 214(2), Sch. 27 Pt. II para. 54

F3 Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.

Modifications etc. (not altering text)

C4 S. 18(3) amended by Agricultural Land (Utilisation) Act 1931 (c. 41), s. 24(j)

Marginal Citations

M1 1897 c. 38.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 19 repealed by Allotments (Scotland) Act 1922 (c. 52), Sch. 1

[F5 20

(1) If a local authority are unable by agreement to acquire by purchase suitable land for allotments at a reasonable price, the authority may apply to the Board for an order providing for the compulsory acquisition of such land by purchase.

(2) If a local authority are unable by agreement to obtain on lease suitable land for allotments at a reasonable rent and subject to reasonable conditions, the authority may apply to the Board for an order providing for the compulsory acquisition of such land by leasing: Provided that, in the case of land which has been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking, such leasing shall be subject to a condition enabling the corporation or company to resume possession of the land when required by the corporation or company for the purpose (not being the use of land for agriculture) for which it was so acquired.

(3) For the purposes of any application under this section, the provisions of the First Schedule to this Act shall have effect.]

Textual Amendments

F5 S. 20 substituted by Allotments (Scotland) Act 1922 (c. 52), s. 8 (3)

21 Temporary use for allotments of land acquired for other purposes. U.K.

Where any land belonging to a local authority is not immediately required for the purpose for which it was acquired, and is in the opinion of the authority suitable for temporary use in the form of allotments, the authority may, with the consent of the Secretary for Scotland, make the land available for such use, subject to any necessary conditions and restrictions as to tenure and otherwise.

Modifications etc. (not altering text)

C5 S. 21 amended by Town and Country Planning (Scotland) Act 1959 (c. 70), s. 26

C6 Functions of Secretary for Scotland now exercisable by Secretary of State: Secretaries of State Act 1926 (c. 18), s. 1

22 Provisions as to allotments. U.K.

(1) A local authority may purchase any fruit-trees, seeds, plants, fertilisers, or implements required for the purposes of allotments cultivated as gardens, whether provided by the authority or otherwise, and sell any article so purchased to the cultivators, or, in the case of implements, allow their use, at a price or charge sufficient to cover the cost of purchase:

Provided that the powers conferred by this subsection shall be exercisable only where, in the opinion of the authority, the facilities for the purchase or hire of the articles aforesaid from a society on a co-operative basis are inadequate.

(2) Any person who by any act done without lawful authority or by negligence causes damage to any crops growing on an allotment cultivated as a garden shall be liable on summary conviction to a penalty not exceeding [F6 level 1 on the standard scale].

(3) Stamp duty shall not be payable on any lease or agreement for the letting of any allotment or garden, whether provided by a local authority or otherwise, or on any duplicate or counterpart of such lease or agreement, where the rent does not exceed ten shillings per annum, and no consideration other than the rent is paid.

Textual Amendments

F6 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

23 Consequential and minor amendments of Act of 1892. U.K.

The amendments specified in the second column of the Third Schedule tothis Act (which relate to consequential and minor matters ) shall bemade in the provisions of the Act of 8192 mentioned in the firstcolumn of that schedule.

Modifications etc. (not altering text)

C7 The text of S. 23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

24 Interpretation. U.K.

In this Part of this Act . . . F7 the expression “local authority” has the same meaning as in the Act of 1892.

Textual Amendments

F7 Definition of “parish council”repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 237(1), Sch. 29

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

Textual Amendments

F8 Ss. 25, 26(2)(6) repealed by Statute Law Revision Act 1927 (c. 42)