Agriculture (Miscellaneous Provisions) Act 1968

• (a) if an application for consent in respect of the relevant notice is made in pursuance of section 25(1) of the principal Scottish Act not later than the commencement date, any such statement as is mentioned in the said section 11(1)(a) which is included in the application shall be treated for the purposes of section 11 of this Act as included also in the relevant notice; and

• (b) if, in a case not falling within sub-paragraph (a) above, the landlord serves on the tenant, before or after the commencement date but before the expiration of the period of three months beginning with that date, a notice containing such a statement as is mentioned in the said section l1(1)(a) or (b) and indicating that the relevant notice is to be treated as having always included that statement, the relevant notice shall be so treated for the purposes of the said section 11.

2

Where the relevant notice is given in pursuance of section 6(3) of the Agriculture Act 1958, is served on the tenant after the initial date but not later than the commencement date and does not contain such a statement as is mentioned in section l1(7)(b) of this Act, then,

if the landlord serves on the tenant, before or after the commencement date but before the expiration of the period of three months beginning with that date, a notice containing such a statement as is mentioned in the said section 11(7)(6) and indicating that the relevant notice is to be treated as having always included that statement, the relevant notice shall be so treated for the purposes of section 11 of this Act:

3

Where the relevant notice is a notice to which, apart from the provisions of the said section 19, the said section 6(3) would apply, and the landlord in a notification to the tenant under section 19(2) of this Act specifies a matter set out in section 26(1) of the principal Scottish Act, then—

• (a) in the case of a matter set out in paragraph (a), (b) or (c) of the said section 26(1), the relevant notice shall be treated for the purposes of section 11(1)(a) of this Act as if it had always contained a statement of that matter as a ground on which the carrying out of the purposes for which the landlord proposes to terminate the tenancy is desirable;

• (b) in the case of the matter set out in paragraph (d) of the said section 26(1), the relevant notice shall be treated for the purposes of section 11(1)(b) of this Act as if it had always contained a statement that the landlord would suffer hardship unless the notice had effect.

4

Where either—

• (a) the relevant notice is served on the tenant not later than the commencement date and contains such a statement as is mentioned in the said section 11(1)(a) or (b); or

• (b) a notice is served on the tenant under paragraph 1(b) of this Schedule,

and in either case no counter-notice in respect of the relevant notice in question has been served in pursuance of section 25(1) of the principal Scottish Act and the period during which such a counter-notice may be served has expired, the tenant may, within the period of three months beginning with the commencement date or, where the notice under paragraph 1(b) of this Schedule is served on a later date, beginning with the later date, make an application to the court for a determination that the court are satisfied that the relevant notice was given in order that the land in question may be used otherwise than for agriculture.

5

Where the court have, on or before the commencement date, given a decision consenting under section 25(1) of the principal Scottish Act to the operation of the relevant notice and either—

• (a) the reason given by the court for their decision is that they are satisfied as to the matter mentioned in section 26(1)(b) of that Act; or

• (b) the reasons so given include that reason but not the reason that they are satisfied as to the matter mentioned in section 26(1)(e) of that Act,

the tenant may, at any time before the expiration of the period of three months beginning with the commencement date, make an application to the court for a determination that the reasons for their decision would have included the reason that they were satisfied as to the matter mentioned in the said section 26(1)(e) if that matter had been specified in the application for consent.

6

Where the court make a determination under paragraph 4 or paragraph 5 of this Schedule, section 11(1) of this Act shall not apply in relation to the relevant notice in question.

7

In this Schedule—

• " the commencement date " means the date of the passing of this Act; and

• " the court " and " the relevant notice " have the same meanings as in section 11 of this Act.

SCHEDULE 3

1

Subject to paragraph 4 of this Schedule, any dispute with respect to any sum which may be or become payable by virtue of section 12(1) of this Act shall be referred to and determined by the Lands Tribunal.

2

If in any case the sum to be paid by virtue of the said section 12(1) to the tenant of an agricultural holding by an acquiring authority would, apart from this paragraph and paragraph 3 of this Schedule, fall to be ascertained in pursuance of section 9(2) of this Actsection 60(4) of the Agricultural Holdings Act 1986 by reference to the rent of the holding at a rate which was not determined by arbitration under section 8 or section 9 of the principal Actsection 12 or section 13 of the Agricultural Holdings Act 1986 and which the authority consider is unduly high, the authority may make an application to the Lands Tribunal for the rent to be considered by the tribunal.

3

Where, on an application under paragraph 2 above, the tribunal are satisfied that—

• (a) the rent to which the application relates is not substantially higher than the rent which in their opinion would be determined for the holding in question on a reference to arbitration duly made in pursuance of section 8 of the principal Actsection 12 of the Agricultural Holdings Act 1986 on the date of the application (hereafter in this paragraph referred to as “the appropriate rent”); or

• (b) the rent to which the application relates is substantially higher than the appropriate rent but was not fixed by the parties to the relevant contract of tenancy with a view to increasing the amount of any compensation payable, or of any sum to be paid by virtue of the said section 12(1), in consequence of the compulsory acquisition or taking of possession of any land included in the holding,

they shall dismiss the application; and if the tribunal do not dismiss the application in pursuance of the foregoing provisions of this paragraph they shall determine that, in the case to which the application relates, the sum to be paid by virtue of the said section 12(1) shall be ascertained in pursuance of the said section 9(2)section 60(4) by reference to the appropriate rent instead of by reference to the rent to which the application relates.

4

The enactments mentioned in paragraph 5 of this Schedule shall, subject to any necessary modifications, have effect in their application to such an acquiring of an interest or taking of possession as is mentioned in subsection (1) of section 12 of this Act (hereafter in this paragraph referred to as “the relevant event”)—

• (a) in so far as those enactments make provision for the doing, before the relevant event, of any thing connected with compensation (including in particular provision for determining the amount of or the liability to pay compensation or for the payment of it into court or otherwise), as if references to compensation, except compensation for damage or injurious affection, included references to any sum which will become payable by virtue of the said subsection (1) in consequence of the relevant event; and

• (b) subject to sub-paragraph (a) above, as if references to compensation (except as aforesaid) included references to sums payable or, as the context may require, to sums paid by virtue of the said subsection (1) in consequence of the relevant event.

5

The enactments aforesaid are—

• (a) Part I and section 32 of the Land Compensation Act 1961;

• (b) the following provisions of the Compulsory Purchase Act 1965, that is to say, sections 6, 9, 11, 12, 20(4) and (5), 22 (except subsection (4)) and 26; in Schedule 1, paragraphs 6 to 8 and 10; Schedule 2 ...;

• (c) any provision of the Lands Clauses Acts or of any other enactment or any instrument having effect by virtue of an enactment, being a provision corresponding to a provision mentioned in sub-paragraph (b) of this paragraph.

SCHEDULE 4 . . .

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SCHEDULE 5 . . .

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3

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SCHEDULE 6

1

The following provisions of the principal Act shall cease to have effect, that is to say, section 1(2) and (3), section 2, section 4(2) and (4), section 7, section 8(1)(c)(ii) and (2), in section 8(3) the words " or of the said subsection (2) ", section 9(4), in section 10(3) the words " section 7 or " and section 14.

2

For references to chargeable hereditaments in Part I of the principal Act, except section 12, there shall be substituted references to chargeable land, and for the references to a chargeable hereditament in that section and for other references to hereditaments in that Part there shall be substituted references to land.

3

Without prejudice to the operation of section 29(2) of this Act, the references to Part I of the principal Act in sections 3(1), 13 and 16 of that Act shall include references to the charges provisions.

4

In section 4(3) of the principal Act for references to section 4(2) of that Act there shall be substituted references to section 23(1) of this Act.

5

In section 16 of the principal Act for the definition of " chargeable hereditament " there shall be substituted the words " chargeable land' has the meaning assigned to it by section 29(1) of the Agriculture (Miscellaneous Provisions) Act 1968 ".

6

In this Schedule expressions defined by sections 21(2) and 29(1) of this Act have the same meanings as in those provisions.

SCHEDULE 7

SCHEDULE 8

Prevention of unnecessary pain and distress for livestock.

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Editorial notes

Regulations with respect to the welfare of livestock.

Additional payments in consequence of compulsory acquisition etc. of agricultural holdings.

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