Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991)

1. Introductory Text

2. Meaning of “agricultural holding”

   1. 1. Meaning of “agricultural holding.”

3. Provisions as to leases

   1. 2. Restriction on letting agricultural land for less than from year to year.

   2. 3. Tacit relocation.

   3. 4. Provisions for securing written leases and for the revision of certain leases.

   4. 5. Respective liabilities of landlord and tenant for provision and maintenance of fixed equipment and for payment of insurance premiums.

   5. 6. Provisions supplementary to s. 4 and s. 5.

   6. 7. Variation of rent.

   7. 8. Increases of rent in respect of certain improvements carried out by landlord.

   8. 9. (1) Where under the lease of an agricultural holding, whether...

   9. 10. Leases to continue in force notwithstanding variation of terms, etc.

4. Miscellaneous provisions affecting the relationship of landlord and tenant

   1. 11. Certain agreements by incoming tenant to pay compensation due to outgoing tenant to be void.

   2. 12. Freedom of cropping and disposal of produce.

   3. 13. Prohibition of removal of manure, etc., after notice to terminate the tenancy.

   4. 14. Tenant’s right to remove fixtures and buildings.

   5. 15. Compensation for damage by game.

   6. 16. Restriction of landlord’s right to penal rent or liquidated damages.

   7. 17. Making of record of condition, etc., of holding.

   8. 18. The landlord of an agricultural holding or any person authorised...

   9. 19. Removal of tenant for non-payment of rent.

   10. 20. Bequest of lease.

   11. 21. Right of landlord to object to acquirer of lease.

   12. 22. Provisions as to payment for implements, etc., sold on quitting holding.

   13. 23. Application of sums recovered under fire insurance policy.

5. Provisions as to notices to quit

   1. 24. Provisions as to giving of notices to quit.

   2. 25. Restrictions on operation of notices to quit.

   3. 26. Provisions as to consents for purposes of preceding section.

   4. 26A. Termination of tenancies acquired by succession.

   5. 27. (1) An application by a landlord for the consent of...

   6. 28. For the purposes of paragraph (d) of subsection (2) of...

   7. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   8. 30. Penalty for breach of condition accompanying consent to notice to quit.

   9. 31. Provisions as to notices to quit where holding agreed to be sold.

   10. 32. Notices to quit part of holdings not to be invalid in certain cases.

   11. 33. Tenant’s right to treat notice to quit part of holding as notice to quit entire holding.

   12. 34. Reduction of rent where tenant dispossessed of part of holding.

6. Compensation to tenant for disturbance

   1. 35. Right to, and measure of, compensation for disturbance.

7. Compensation to tenant, on termination of tenancy, for improvements begun before 1st November, 1948

   1. 36. Application of sections 37 to 46.

   2. 37. Right of tenant to compensation for old improvements.

   3. 38. Amount of compensation for old improvements.

   4. 39. Compensation for certain old improvements conditional on consent of landlord.

   5. 40. Compensation for certain old improvements conditional on notice to landlord.

   6. 41. Conditions attaching to right to compensation for repairs to buildings.

   7. 42. Agreements as to compensation for old improvements specified in Part III of Second or Third Schedule.

   8. 43. Compensation in respect of temporary pasture.

   9. 44. Reduction in amount of, or exclusion of right to, compensation for old improvements in certain cases.

   10. 45. Provision as to change of tenancy.

   11. 46. Right to compensation for old improvements of tenant who has paid compensation therefor to outgoing tenant.

8. Compensation to tenant, on termination of tenancy, for improvements begun on or after Ist November, 1948

   1. 47. Application of sections 48 to 55.

   2. 48. Tenant’s right to compensation for new improvements.

   3. 49. Amount of compensation for new improvements.

   4. 50. Compensation for Sch. 1, Pt. I, improvements conditional on consent of landlord.

   5. 51. Compensation for Sch. 1, Pt. II, improvements conditional on notice to landlord.

   6. 52. Compensation for Sch. 1, Pt. II, improvements conditional on approval of Secretary of State in certain cases.

   7. 53. Compensation in respect of temporary pasture.

   8. 54. Provision as to change of tenancy.

   9. 55. Right to compensation for new improvements of tenant who has paid compensation therefor to outgoing tenant.

9. Compensation to tenant, on termination of tenancy, for continuous adoption of special standard

   1. 56. Compensation for continuous adoption of special standard of farming.

10. Compensation to landlord, on termination of tenancy, for deterioration of holding

    1. 57. Compensation to landlord for deterioration, etc. of particular parts of holding.

    2. 58. Compensation to landlord for general deterioration of holding.

    3. 59. Provisions supplementary to s. 57 and s. 58.

11. Supplementary provisions with respect to compensation

    1. 60. Compensation provisions of this Act to apply to parts of holdings in certain cases.

    2. 61. Determination of claims for compensation where holding is divided.

    3. 62. Adjustment of compensation in respect of ploughing grants.

    4. 63. Compensation not to be payable for things done in compliance with this Act.

    5. 64. Extent to which compensation recoverable under agreements.

12. Special provisions affecting market gardens as regards compensation and fixtures

    1. 65. Effect of agreement to let or treat an agricultural holding as a market garden.

    2. 66. Power of Secretary of State in default of agreement to treat an agricultural holding as a market garden.

    3. 67. Agreements as to compensation relating to market gardens.

13. Settlement of claims between landlord and tenant on termination of tenancy

    1. 68. Settlement of claims by arbitration.

14. Recovery of sums due under this Act

    1. 69. Recovery of compensation and other sums due.

    2. 70. Power of tenant to obtain charge on holding in respect of compensation.

15. Supplementary provisions

    1. 71, 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 73. Proceedings of the Land Court.

    3. 74. Matters to be referred to arbitration.

    4. 75. Provisions as to arbitrations.

    5. 76. Constitution of panel of arbiters, and provisions as to remuneration of arbiter.

    6. 77. Appointment of arbiter in cases to which the Secretary of State is a party.

    7. 78. Determination of questions by Land Court in lieu of arbitration.

    8. 79. Power of Secretary of State to vary First and Fourth Schedules to this Act.

    9. 80. Power of limited owners to give consents, etc.

    10. 81. Power of heir of entail to apply entailed moneys for improvements.

    11. 82. Power of landlord to obtain charge on holding in respect of compensation, etc. paid by him.

    12. 83. Power of land improvement companies to advance money.

    13. 84. Appointment of guardian to landlord or tenant in certain cases.

    14. 85. Validity of consents, etc

16. Provisions as to Crown Land

    1. 86. Application of Act to Crown land.

    2. 87. Determination of matters relating to holdings of which the Secretary of State is landlord or tenant.

17. General

    1. 88. Expenses and receipts.

    2. 89. Provisions as to entry and inspection.

    3. 90. Service of notices, etc.

    4. 91. Prohibition of appeal from sheriff substitute.

    5. 92. Revocation and variation of orders.

    6. 93. Interpretation.

    7. 94. Amendments of other Acts.

    8. 95. Construction of references in other Acts to holdings as defined by the Agricultural Holdings (Scotland) Act, 1923.

    9. 96. Improvements carried out before 1909.

    10. 97. Repeal of enactments.

    11. 98. Provisions as to tenants quitting before commencement of this Act, or thereafter in consequence of notice given, etc. before 1st November, 1948.

    12. 99. General savings.

    13. 100. Savings for other rights, etc.

    14. 101. Short title and extent.

18. SCHEDULES

    1. FIRST SCHEDULE

       Improvements begun on or after 1st November, 1948, for which compensation may be payable

       1. Part I Improvements to which consent of landlord is required

          1. 1. Laying down of permanent pasture.

          2. 2. Making of water-meadows or works of irrigation.

          3. 3. Making of gardens.

          4. 4. Planting of orchards or fruit bushes.

          5. 5. Warping or weiring of land.

          6. 6. Making of embankments and sluices against floods.

          7. 7. Making or planting of osier beds.

          8. 8. Haulage or other work done by the tenant in aid...

       2. PART II Improvements in respect of which notice to landlord is required

          1. 9. Land drainage.

          2. 10. Construction of silos.

          3. 11. Making or improvement of farm access or service roads, bridges...

          4. 12. Making or improvement of watercourses, ponds or wells, or of...

          5. 13. Making or removal of permanent fences, including hedges, stone dykes...

          6. 14. Reclaiming of waste land.

          7. 15. Renewal of embankments and sluices against floods.

          8. 16. Provision of stells, fanks, folds, dippers, pens and bughts necessary...

          9. 17. Provision or laying on of electric light or power, including...

          10. 18. Erection, alteration or enlargement of buildings, and making or improvement...

          11. 19. Erection of hay or sheaf sheds, sheaf or grain drying...

          12. 20. Provision of fixed threshing mills, barn machinery and fixed dairying...

          13. 21. Improvement of permanent pasture by cultivation and re-seeding.

          14. 22. Provision of means of sewage disposal.

          15. 23. Repairs to fixed equipment, being equipment reasonably required for the...

       3. Part III Improvements in respect of which consent of, or notice to, landlord is not required

          1. 24. Protecting fruit trees against animals.

          2. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          3. 26. Clay burning.

          4. 27. Claying of land.

          5. 28. Liming (including chalking) of land.

          6. 29. Marling of land.

          7. 30. Eradication of bracken, whins or broom growing on the holding...

          8. 31. Application to land of purchased manure and fertiliser, whether organic...

          9. 32. Consumption on the holding of corn (whether produced on the...

          10. 33. Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...

    2. SECOND SCHEDULE

       Improvements begun before 31st July, 1931, for which compensation may be payable

       1. Part I Improvements for which compensation is payable if consent of landlord was obtained to their execution

          1. 1. Erection, alterations, or enlargement of buildings.

          2. 2. Formation of silos.

          3. 3. Laying down of permanent pasture.

          4. 4. Making and planting of osier beds.

          5. 5. Making of water meadows or works of irrigation.

          6. 6. Making of gardens.

          7. 7. Making or improvernent of roads or bridges.

          8. 8. Making or improvement, of watercourses, ponds, wells, or reservoirs, or...

          9. 9. Making or removal of permanent fences.

          10. 10. Planting of hops.

          11. 11. Planting of orchards or fruit bushes.

          12. 12. Protecting young fruit trees.

          13. 13. Reclaiming of waste land.

          14. 14. Warping or weiring of land.

          15. 15. Embankments and sluices against floods.

          16. 16. Erection of wirework in hop gardens.

          17. 17. Provision of permanent sheep dipping accommodation.

          18. 18. In the case of arable land the removal of bracken,...

       2. Part II Improvement for which compensation is payable if notice was given to landlord before execution thereof

          1. 19. Drainage.

       3. Part III Improvements for which compensation is payable without consent of, or notice to, landlord of their execution

          1. 20. Chalking of land.

          2. 21. Clay-burning.

          3. 22. Claying of land or spreading blaes upon land.

          4. 23. Liming of land.

          5. 24. Marling of land.

          6. 25. Application to land of purchased artificial or other purchased manure....

          7. 26. Consumption on the holding by cattle, sheep, or pigs, or...

          8. 27. Consumption on the holding by cattle, sheep, or pigs, or...

          9. 28. Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...

          10. 29. Repairs to buildings, being buildings necessary for the proper cultivation...

    3. THIRD SCHEDULE

       Improvements begun on or after 31st July, 1931, and before 1st November, 1948, for which compensation may be payable

       1. Part I Improvements for which compensation is payable if consent of landlord was obtained to their execution

          1. 1. Erection, alteration, or enlargement of buildings.

          2. 2. Laying down of permanent pasture.

          3. 3. Making and planting of osier beds.

          4. 4. Making of water meadows or works of irrigation.

          5. 5. Making of gardens.

          6. 6. Planting of orchards or fruit bushes.

          7. 7. Protecting young fruit trees.

          8. 8. Warping or weiring of land.

          9. 9. Making of ernbankments and sluices against floods.

       2. Part II Improvements for which compensation is payable if notice was given to landlord before execution thereof

          1. 10. Drainage.

          2. 11. Formation of silos.

          3. 12. Making or improvement of roads or bridges.

          4. 13. Making or improvement of watercourses, ponds or wells, or of...

          5. 14. Making or removal of permanent fences.

          6. 15. Reclaiming of waste land.

          7. 16. Repairing or renewal of embankments and sluices against floods.

          8. 17. Provision of sheep dipping accommodation.

          9. 18. The provision of electrical equipment other than moveable fittings and...

       3. Part III Improvements for which compensation is payable without consent of, or notice to, landlord of their execution

          1. 19. Chalking of land.

          2. 20. Clay-burning.

          3. 21. Claying of land or spreading blaes upon land.

          4. 22. Liming of land.

          5. 23. Marling of land.

          6. 24. Eradication of bracken, whins, or gorse growing on the holding...

          7. 25. Application to land of purchased artificial or other purchased manure....

          8. 26. Consumption on the holding by cattle, sheep, or pigs, or...

          9. 27. Consumption on the holding by cattle, sheep, or pigs, or...

          10. 28. Laying down temporary pasture with clover, grass, lucerne, sainfoin, or...

          11. 29. Repairs to buildings, being buildings necessary for the proper cultivation...

    4. FOURTH SCHEDULE

       Market garden improvements for which compensation may be payable

       1. 1. Planting of standard or other fruit trees permanently set out....

       2. 2. Planting of fruit bushes permanently set out.

       3. 3. Planting of strawberry plants.

       4. 4. Planting os asparagus, rhubarb, and other vegetable crops which continue...

       5. 5. Erection, alteration or enlargement of buildings for the purpose of...

    5. FIFTH SCHEDULE

       Matters for which provision is to be made in written leases

       1. 1. The names of the parties.

       2. 2. Particulars of the holding with sufficient description, by reference to...

       3. 3. The term or terms for which the holding or different...

       4. 4. The rent and the dates on which it is payable....

       5. 5. An undertaking by the landlord in, the event of damage...

       6. 6. An undertaking by the tenant, in the event of the...

    6. SIXTH SCHEDULE

       Provisions as to Arbitrations

       1. Appointment of arbiter

          1. 1. A person agreed upon between the parties or, in default...

          2. 2. If a person appointed arbiter dies, or is incapable of...

          3. 3. Neither party shall have the power to revoke the appointment...

          4. 4. Every appointment, notice, revocation and consent under the foregoing provisions...

       2. Particulars of Claim

          1. 5. Each of the parties to the arbitration shall within twenty-eight...

       3. Evidence

          1. 6. The parties to the arbitration, and all persons claiming through...

          2. 7. The arbiter shall have power to administer oaths, and to...

       4. Award

          1. 8. The arbiter shall make and sign his award within three...

          2. 9. The arbiter may, if he thinks fit, make an interim...

          3. 9A. An arbiter appointed by the Secretary of State or the...

          4. 10. The award , and any statement made under paragraph 9A...

          5. 11. The arbiter shall— (a) state separately in his award the...

          6. 12. Where by virtue of this Act compensation under an agreement...

          7. 13. The award shall fix a day not later than one...

          8. 14. Subject to section 75(1A) of this Act, the award to...

          9. 15. The arbiter may correct in an award any clerical mistake...

       5. Expenses

          1. 16. The expenses of and incidental to the arbitration and award...

          2. 17. The arbiter shall, in awarding expenses, take into consideration the...

          3. 18. It shall not be lawful to include in the expenses...

       6. Statement of case

          1. 19. Subject to paragraph 20A of this Schedule, the arbiter may...

          2. 20. Subject to paragraph 20A of this Schedule, the opinion of...

          3. 20A. Where the arbiter in any arbitration under section 7(1) of...

       7. Removal of arbiter and setting aside of award

          1. 21. Where an arbiter has misconducted himself the sheriff may remove...

          2. 22. When an arbiter has misconducted himself, or an arbitration or...

       8. Forms

          1. 23. Any forms for proceedings in arbitrations under this Act which...

    7. SEVENTH SCHEDULE

       Amendments of other Acts

       1. The Small Landholders and Agricultural Holdings (Scotland) Act, 1931

          1. In section twenty-six, for subsection (2) there shall be substituted...

       2. The Hill Farming Act, 1946

          1. The Hill Farming Act, 1946, shall, in its application to...

    8. EIGHTH SCHEDULE

       Enactments Repealed

    9. NINTH SCHEDULE

       1. Part I Grounds for Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984

          1. Case 1

             1. The tenant has neither sufficient training in agriculture nor sufficient...

          2. Case 2

             1. (a). The holding or any agricultural unit of which it forms...

             2. (b). the landlord intends to use the holding for the purpose...

             3. (c). the notice specifies the land with which the holding is...

          3. Case 3

             1. The tenant is the occupier (either as owner or tenant)...

       2. Part II Grounds for Consent to Operation of Notice to Quit a Tenancy Let On or After 1 January 1984

          1. Case 4

             1. The tenant does not have sufficient financial resources to enable...

          2. Case 5

             1. The tenant has neither sufficient training in agriculture nor sufficient...

          3. Case 6

             1. (a). The holding or any agricultural unit of which it forms...

             2. (b). the landlord intends to use the holding for the purpose...

             3. (c). the notice specifies the land with which the holding is...

          4. Case 7

             1. The tenant is the occupier (either as owner or tenant)...

       3. Part III Supplementary

          1. 1. For the purposes of section 26A of this Act and...

          2. 2. For the purposes of determining whether land is a two-man...

          3. 3. For the purposes of Case 7 of this Schedule, occupation...