C2Part I Amendment of the Small Landholders (Scotland) Acts
4 Termination of right of landholder who fails to occupy. C1
Where any person to whom a new holding has been allocated or let by the Department fails without reasonable cause within three months of his term of entry to such holding to occupy, cultivate and proceed to equip it, the Department after consideration of any objections stated by such person shall be entitled to terminate his right to such holding and to allocate or let it to some other person, and where a person has been registered by order of the Land Court as a landholder in respect of any holding and he fails without reasonable cause within three months of such registration to occupy, cultivate and proceed to equip the holding it shall be lawful for the Land Court on the application of the Department or of the landlord, and after giving the Department, the landlord, and the landholder an opportunity of being heard, to cancel the registration of such landholder and to terminate his right to the holding, and the Department shall thereupon be entitled to allocate or let the holding to some other person.
Pt. I applied with modifications by Sheep Stocks Valuation (Scotland) Act 1937 (c. 34), s. 3(2), Agriculture (Scotland) Act 1948 (c. 45), s. 72, Agricultural Holdings (Scotland) Act 1949 (c. 75), s. 73, Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 34(1), Land Drainage (Scotland) Act 1958 (c. 24), s. 14, Opencast Coal Act 1958 (c. 69), s. 52(5)(b) and Deer (Scotland) Act 1959 (c. 40), s. 11(4); amended by Crofters (Scotland) Act 1961 (c. 58), s. 2(7)