9U.K.In this Schedule “owner”, in relation to any land other than in Scotland, means a person, other than a mortgagee not in possession, who is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let; and in relation to any land in Scotland, means a person who for the time being is entitled to receive, or would, if the land were let, be entitled to receive, the rent of the land, including a trustee, tutor, curator, factor or agent.
10U.K.In relation to land which is subject to the provisions of the M1Crofters (Scotland) Acts 1955 and M21961, or of the Small Landholders (Scotland) Acts 1886 to 1931, “agricultural purposes" shall, for the purposes of this Schedule, include any subsidiary or auxiliary occupation permitted by paragraph 3 of Schedule 2 to the Crofters (Scotland) Act 1955 or by section 10 of the M3Small Landholders (Scotland) Act 1911 as the case may be.
11U.K.In relation to Scotland, any reference in this Schedule to the High Court shall be construed as a reference to the Court of Session; and in paragraph 7(1) for the words from “and the amount" to the end of the sub-paragraph there shall be substituted the words “and the appropriate Minister may make an order in favour of himself providing and declaring that the land comprised in the unit shall be charged and burdened with an annuity to pay the amount which that person is liable to pay under this sub-paragraph, and the provisions of section 16 of and paragraphs 2 to 8 of Schedule 6 to the M4Building (Scotland) Act 1959 shall apply in relation to any such order as they apply in relation to a charging order within the meaning of that Schedule."
Marginal Citations
12U.K.In relation to Northern Ireland—
(a)any reference in this Schedule to the High Court shall be construed as a reference to the High Court of Justice in Northern Ireland;
(b)in paragraph 7(3) above, for the words “determined by arbitration" there shall be substituted the words “referred to and determined by the Lands Tribunal for Northern Ireland";
(c)paragraph 7(4) and (5) above shall be omitted;
(d)for any reference to the M5Limitation Act 1939 there shall be substituted a reference to the [F1Limitation (Northern Ireland) Order 1989].
Textual Amendments
F1Words substituted by S.I. 1989/1339 (N.I. 11), s. 76, Sch. 2 paras. 1, 6, 7, Sch. 3 para. 3
Marginal Citations