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Part IXU.K. Supplementary

Crown and Secretary of StateS

79 Application to Crown land.S

(1)This Act shall apply to land belonging to Her Majesty in right of the Crown, with such modifications as may be prescribed; and for the purposes of this Act the Crown Estate Commissioners or other proper officer or body having charge of the land for the time being, or if there is no such officer or body, such person as Her Majesty may appoint in writing under the Royal Sign Manual, shall represent Her Majesty and shall be deemed to be the landlord.

(2)This Act shall apply to land notwithstanding that the interest of the landlord or the tenant thereof belongs to a government department or is held on behalf of Her Majesty for the purposes of any government department with such modifications as may be prescribed.

80 Determination of matters where Secretary of State is landlord or tenant.S

(1)This section applies where the Secretary of State is the landlord or the tenant of an agricultural holding.

(2)Where this section applies, any provision of this Act—

(a)under which any matter relating to the holding is referred to the decision of the Secretary of State; or

(b)relating to an arbitration concerning the holding,

shall have effect with the substitution for every reference to “the Secretary of State” of a reference to “ the Land Court ”, and any provision referred to in paragraph (a) above which provides for an appeal to an arbiter from the decision of the Secretary of State shall not apply.

81 Expenses and receipts.S

(1)All expenses incurred by the Secretary of State under this Act shall be paid out of moneys provided by Parliament.

(2)All sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

82 Powers of entry and inspection.S

(1)Any person authorised by the Secretary of State in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, any of the powers conferred on the Secretary of State by this Act are to be exercised in relation to the land, or whether, and if so in what manner, any direction given under any such power has been complied with.

(2)Any person authorised by the Secretary of State who proposes to exercise any power of entry or inspection conferred by this Act shall, if so required, produce some duly authenticated document showing his authority to exercise the power.

(3)Admission to any land used for residential purposes shall not be demanded as of right in the exercise of any such power unless 24 hours notice of the intended entry has been given to the occupier of the land.

(4)Save as provided by subsection (3) above, admission to any land shall not be demanded as of right in the exercise of any such power unless notice has been given to the occupier of the land that it is proposed to enter during a period, specified in the notice, not exceeding 14 days and beginning at least 24 hours after the giving of the notice and the entry is made on the land during the period specified in the notice.

(5)Any person who obstructs a person authorised by the Secretary of State exercising any such power shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Land CourtS

83 Proceedings of the Land Court.S

The provisions of the Small Landholders (Scotland) Acts 1886 to 1931 relating to the Land Court shall apply, with any necessary modifications, for the purposes of the determination by the Land Court of any matter referred to them under this Act, as they apply for the purposes of the determination of matters referred to them under those Acts.

Service of noticesS

84 Service of notices, etc..S

(1)Any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him, or left at his proper address, or sent to him by registered post or recorded delivery.

(2)Any such document required or authorised to be given to or served on an incorporated company or body shall be duly given or served if it is delivered to or sent by registered post or recorded delivery to the registered office of the company or body.

(3)For the purposes of this section and of section 7 of the M1Interpretation Act 1978, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.

(4)Unless or until the tenant of an agricultural holding shall have received notice that the person previously entitled to receive the rents and profits of the holding (hereinafter referred to as “the original landlord”) has ceased to be so entitled, and also notice of the name and address of the person who has become so entitled, any notice or other document served on or delivered to the original landlord by the tenant shall be deemed to have been served on or delivered to the landlord of the holding.

Marginal Citations

InterpretationS

85 Interpretation.S

(1)In this Act, unless the context otherwise requires—

(2)Schedules 5 and 6 to the M6Agriculture (Scotland) Act 1948, (which have effect respectively for the purpose of determining for the purposes of that Act whether the owner of agricultural land is fulfilling his responsibilities to manage it in accordance with the rules of good estate management and whether the occupier of such land is fulfilling his responsibilities to farm it in accordance with the rules of good husbandry) shall have effect for the purposes of this Act as they have effect for the purposes of that Act.

(3)References in this Act to the farming of land include references to the carrying on in relation to the land of any agricultural activity.

(4)References to the terms, conditions, or requirements of a lease of or of an agreement relating to, an agricultural holding shall be construed as including references to any obligations, conditions or liabilities implied by the custom of the country in respect of the holding.

(5)Anything which by or under this Act is required or authorised to be done by, to or in respect of the landlord or the tenant of an agricultural holding may be done by, to or in respect of any agent of the landlord or of the tenant.

86 Construction of references in other Acts to holdings as defined by earlier Acts.S

References, in whatever terms, in any enactment, other than an enactment contained in—

to a holding within the meaning of the Agricultural Holdings (Scotland) Act 1923 or of the Agricultural Holdings (Scotland) Acts 1923 to 1948 shall be construed as references to an agricultural holding within the meaning of this Act.

Marginal Citations

87 Savings.S

Schedule 12 to this Act, which exempts from the operation of this Act certain cases current at the commencement of this Act and contains other transitional provisions and savings shall have effect.

Consequential amendments and repealsU.K.

88 Consequential amendments and repeals.U.K.

(1)The enactments specified in Schedule 11 to this Act shall be amended in accordance with that Schedule.

(2)The enactments specified in Schedule 13 to this Act are repealed to the extent there specified.

Citation, commencement and extentS

89 Citation, commencement and extent.S

(1)This Act may be cited as the Agricultural Holdings (Scotland) Act 1991.

(2)This Act shall come into force at the end of the period of 2 months beginning with the date on which it is passed.

(3)This Act shall extend to Scotland only, except for those provisions in Schedule 11 which amend enactments which extend to England and Wales or to Northern Ireland.