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Agricultural Holdings (Scotland) Act 2003

Section 50:  Compensation for disturbance and damage by game

156.Subsection (1) repeals section 43(4)(c) of the 1991 Act. The effect of this repeal is to remove the limit on the level of compensation for disturbance (previously 2 years’ rent of the holding) to which a tenant of a 1991 Act tenancy is entitled under section 43 of the 1991 Act.

157.Subsection (2) amends section 52 of the 1991 Act which previously provided that a tenant of a 1991 Act tenancy may have anything from one month up to 13 months in which to submit a claim for damage to the tenant’s crops by game, depending on when within an agreed 12-month period the damage occurs. The effect of this amendment is to require the tenant of a 1991 Act tenancy to submit such a claim for compensation within 6 months of the date on which the tenant notified the landlord of the damage under section 52(2)(a) of the 1991 Act.

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