Allotments (Scotland) Act 1922 (repealed)

2 Compensation on removing from allotment gardens. S

(1) Where land is let by a local authority, an association, or any other person for use by the tenant as an allotment garden, the tenant shall, subject to the provisions of this section and notwithstanding any agreement to the contrary, be entitled at the termination of the tenancy, on removing from the land to recover from the lessor compensation for crops growing upon the land in the ordinary course of the cultivation of the land as an allotment garden, and for manure applied to the land such compensation to be based on the value of the growing crops and manure to an incoming tenant.

(2) A tenant whose tenancy is terminated by the termination of the tenancy of his lessor shall be entitled to recover from his lessor such compensation (if any) as would have been recoverable if his tenancy had been terminated by notice of removal given by his lessor.

[F1 (3) Compensation under this section shall be recoverable only if the tenancy is terminated by the lessor by notice to remove or by resumption of possession under paragraph (b) or paragraph (c) of subsection (1) of the immediately preceding section.]

(4) Where under any lease entered into after the date of the passing of this Act land is let to a local authority or to an association for the purpose of being sub-let for use as allotment gardens, this section shall, except so far as is otherwise provided by the lease, apply not only to the tenancy of the sub-tenants but also to the tenancy of the local authority or association and that notwithstanding that the crops have been grown and the manure applied by the sub-tenants.

(5) This section shall apply to a tenancy (other than the tenancy of a local authority or association) current at the date of the passing of this Act, but not so as to affect the operation of any notice to remove given, possession resumed, or proceedings for resumption commenced before that date.

(6) This section shall apply to the termination of the tenancy of the whole or any part of the land the subject of a lease.

(7) Except as provided by this section or by the lease, the tenant of land under a tenancy to which this section applies shall not be entitled to recover compensation from the lessor at the termination of the tenancy, and the provisions of the Agricultural Holdings (Scotland) Acts, 1908 to 1921, relating to compensation shall not apply to any tenancy to which this section applies.

(8) The tenant of any land under a tenancy to which this section applies may, before the termination of the tenancy, remove any fruit trees or bushes provided and planted by the tenant and any erection, fencing, or other improvement erected or made by the tenant, making good any injury caused by such removal.

(9) (a) The compensation under this section from the lessor on the termination of a tenancy to which this section applies, and such further compensation (if any) as is recoverable from the lessor under the lease, shall, in default of agreement, be determined by an arbiter appointed in default of agreement by the sheriff having jurisdiction in the place where the allotment garden is situated upon an application by letter from either or any of the parties addressed to the sheriff clerk.

(b) Any such agreement or determination with respect to compensation may, if any sum payable thereunder is not paid within fourteen days from the date of the agreement or determination, be competently recorded for execution in the books of council and session or sheriff court books, and shall be enforceable in like manner as a recorded decree arbitral.

(c) The proper expenses of the arbitration shall be borne by such of the parties or by the parties in such proportions as the arbiter shall direct, but be recoverable by the arbiter from any of the parties, and any amount paid by any of the parties in excess of the amount (if any) directed by the arbiter to be borne by him shall be recoverable from the other party or parties and may be deducted from any compensation payable to such party or parties.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(11) For the purposes of this section, and the immediately preceding section of this Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(b) Where land is let to a local authority or association and is sub-let by the authority or association, notice from the lessor to the authority or association shall have effect also as notice at the same time to every sub-tenant of the authority or association affected thereby, but it shall be the duty of the authority or association forthwith to serve by post intimation of the notice upon each such sub-tenant.

Textual Amendments

F1 S. 2(3) substituted by Allotments (Scotland) Act 1950 (c. 38), s. 2

F2 S. 2(10) repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. V

F3 S. 2(11)(a) repealed by Allotments (Scotland) Act 1950 (c. 38), Sch.

Modifications etc. (not altering text)

C1 S. 2 amended by Allotments (Scotland) Act 1950 (c. 38), s. 5

C2 S. 2(9) applied by Allotments (Scotland) Act 1950 (c. 38), s. 7

C3 S. 2(9)(c) applied by Opencast Coal Act 1958 (c. 69), s. 41, Sch. 8 para. 10(h)