Hill Farming Act 1946

39 Provisions as to Scotland

(1) This Act shall, in its application to Scotland, have effect subject to the following modifications :—

(a) in subsection (2) of section three there shall be inserted after the words " having an interest " the words " as proprietor or as tenant " ;

(b) any question which under section five is to be determined by an official arbitrator shall be determined by the Land Court;

(c) in section nine for a reference to any provision of the Agricultural Holdings Act, 1923, there shall be substituted a reference to the corresponding provision of the [13 & 14 Geo. 5. c. 10.] Agricultural Holdings (Scotland) Act, 1923 ;

(d) in section fourteen for subsections (1) and (2) there shall be substituted the following subsection—

“(1) Subject to the provisions of the next succeeding section, subsidy payments falling to be made, in accordance with a hill sheep scheme, in respect of . sheep comprised in a flock on any of the relevant days shall be made to the person maintaining the flock on that day ; and subsidy payments falling to be made, in accordance with a hill cattle scheme, in respect of cattle grazed on any land shall be paid to the person who, at the beginning of such day as may be specified in the scheme, is the occupier of the land:

Provided that, in the case of sheep or cattle belonging to a landholder within the meaning of the Small Landholders (Scotland) Acts, 1886 to 1931, and grazed on land which is a common pasture or grazing, provision may be made by a hill sheep scheme or a hill cattle scheme for the making of the subsidy payments to the clerk of the committee appointed under those Acts for the management of such common pasture or grazing.”

(e) in section, thirty-five the word " summarily " and the words from " and a complaint " to the end of the section shall be omitted;

(f) unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them respectively, that is to say—

• " lease " in relation to a common pasture or grazing includes regulations made or approved by the Land Court under the Small Landholders (Scotland) Acts, . 1886 to 1931;

• " making muirburn " includes setting fire to or burning any heath or muir ; and

• " tenant " means a tenant for agricultural or pastoral purposes, and, in the case of a common pasture or grazing, includes the committee appointed under the Small Landholders (Scotland) Acts, 1886 to 1931.

(2) The provisions of the Small Landholders (Scotland) Acts, 1886 to 1931, with regard to the Land Court shall, with any necessary modifications, apply for the purpose of the determination of any matter which they are required by or under this Act to determine, in like manner as those provisions apply for the purpose of the determination by the Land Court of matters referred to them under those Acts.