Modifications etc. (not altering text)
C2Sch. 24 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 46(4), 49(5)
38(1)In this Schedule “short tenancy” means a tenancy for a year or from year to year or any lesser interest, and “long tenancy which is about to expire”, in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).
(2)In determining for the purposes of this paragraph what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed—
(a)that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or thereafter available to him, and
(b)that the landlord will exercise any option to terminate the tenancy then or thereafter available to him.
Modifications etc. (not altering text)
C3Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
39In this Schedule—
“Acquisition Act 1947” means the M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
“relevant enactments”, in relation to an acquiring authority, means the enactments under which that authority may acquire or be authorised to acquire land compulsorily and which prescribe a procedure for effecting the compulsory acquisition of land by them by means of a compulsory purchase order;
“land”, in relation to compulsory acquisition by an acquiring authority, has the same meaning as in the relevant enactments.
Modifications etc. (not altering text)
C5Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
C6Paras. 38, 39 modified by Local Government, Planning and Land Act 1980 (c. 65), Sch. 27 paras. 15–20
Marginal Citations
Modifications etc. (not altering text)
C2Sch. 24 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 46(4), 49(5)
38(1)In this Schedule “short tenancy” means a tenancy for a year or from year to year or any lesser interest, and “long tenancy which is about to expire”, in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).
(2)In determining for the purposes of this paragraph what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed—
(a)that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or thereafter available to him, and
(b)that the landlord will exercise any option to terminate the tenancy then or thereafter available to him.
Modifications etc. (not altering text)
C3Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
39In this Schedule—
“Acquisition Act 1947” means the M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
“relevant enactments”, in relation to an acquiring authority, means the enactments under which that authority may acquire or be authorised to acquire land compulsorily and which prescribe a procedure for effecting the compulsory acquisition of land by them by means of a compulsory purchase order;
“land”, in relation to compulsory acquisition by an acquiring authority, has the same meaning as in the relevant enactments.
Modifications etc. (not altering text)
C5Sch. 24 paras. 1(2), 8–13, 16–28, 30–36, 38, 39 modified by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3), Sch. 6 para. 1 (with s. 335)
C6Paras. 38, 39 modified by Local Government, Planning and Land Act 1980 (c. 65), Sch. 27 paras. 15–20
Marginal Citations