Agricultural Holdings (Scotland) Act 1949

28 Applications for certificates of bad husbandry

(1) For the purposes of paragraph (d) of subsection (2) of section twenty-five of this Act, the landlord of an agricultural holding may, in the prescribed manner and after giving notice in writing to the tenant of the holding of the proposed application, apply to the Secretary of State for a certificate that the tenant is not fulfilling his responsibilities to farm in accordance with the rules of good husbandry:

Provided that such an application shall not be made at any time while a warning notice is in force under section twenty-seven of the' Agriculture (Scotland) Act, 1948 (whether served in pursuance of that section or of this section) in relation to the tenant's farming of the holding.

(2) Where such an application is made the Secretary of State shall, after affording to the landlord and to the tenant an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, either—

(a) give notice in writing to the landlord and to the tenant that he proposes to grant or to refuse the certificate, or

(b) serve a warning notice under section twenty-seven of the Agriculture (Scotland) Act, 1948, on the tenant in relation to the farming of the holding to which the application relates;

and if before the expiration of the prescribed period from the making of the application the Secretary of State has not given or served one or other of such notices as aforesaid, he shall be deemed to have given notice in writing to the landlord and to the tenant that he proposes to refuse the certificate.

(3) Within one month of notice of a proposal being given or being deemed to have been given under the last foregoing subsection the landlord may require that the Secretary of State's proposal to refuse a certificate shall be referred to the Land Court or the tenant may require that the Secretary of State's proposal to grant a certificate shall be so referred.

(4) Where a holding forms part only of an agricultural unit, an opportunity of making representations shall be afforded under subsection (2) of this section to every person who for any of the purposes of Part II of the Agriculture (Scotland) Act, 1948, is the owner of land comprised in the unit, and paragraph (b) of that subsection shall have effect with the substitution for the reference to the holding of a reference to the unit.