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Land Compensation (Scotland) Act 1973

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Part IS

Modification of section 56S

Section 56 above shall apply to a statutory small tenant subject to the following modifications—

(a)for any reference to a croft, crofter or section 12 of the M1Crofters (Scotland) Act 1955 there shall be substituted respectively a reference to a holding, statutory small tenant or section 32(15) of the M2Small Landholders (Scotland) Act 1911;

(b)in subsection (1), for the words from “crofter” in paragraph (a) to “so required” in paragraph (b) there shall be substituted the words “statutory small tenant and resumption of the holding is authorised by an order of the Scottish Land Court under section 32(15) of the M3Small Landholders (Scotland) Act 1911; and (b) the resumption is so authorised”;

(c)in subsection (2), for the words “crofter required by such an order to surrender his croft” there shall be substituted the words “statutory small tenant, resumption of whose holding is authorised by such an order”;

(d)in subsections (2) and (3), for the words “croft is required to be surrendered”, wherever they occur, there shall be substituted the words “holding is authorised to be resumed”;

(e)in subsection (2)(a), after the words “year, etc.)” there shall be inserted the words “and section 12 of the M4Agriculture (Miscellaneous Provisions) Act 1968” and for the words “the crofter had not been so required to surrender his croft” there shall be substituted the words “resumption of the holding had not been so authorised”;

(f)for subsection (2)(b) there shall be substituted the following paragraph—

(b)any provision of the said section 32(15) relating to compensation to a statutory small tenant shall not have effect in relation to the resumption of the holding by reason of the order.;

(g)in subsection (5), for the words “to surrender”, wherever they occur, there shall be substituted the words “authorising resumption of”.

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