Agricultural Land (Utilisation) Act 1931

24 Application to Scotland. E+W+S

In the application of this Act to Scotland the following provisions shall have effect:—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 a reference to the Minister or to the Ministry of Agriculture and Fisheries shall be construed as a reference to the Department of Agriculture for Scotland (hereinafter in this section referred to as the Department). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 a reference to the council of a borough, urban district, or parish, shall be construed as a reference to [F3an islands area] or a district council, and a reference to a borough, urban district, or parish, shall be construed accordingly; any reference in Part II of this Act to a county council shall not apply, and the expression “easement” means servitude, and any reference to selling includes a reference to feuing.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(c)For any reference to the Small Holdings and Allotments Acts there shall be substituted a reference to the Allotments (Scotland) Acts, 1892 to 1926; for any reference to section sixteen of the M1Allotments Act, 1922, there shall be substituted a reference to section sixteen of the M2Allotments (Scotland) Act, 1922; for any reference to section thirty-two of the M3Small Holdings and Allotments Act, 1908, there shall be substituted a reference to section eleven of the M4Allotments (Scotland) Act, 1892; for any reference to section four of the M5Allotments Act, 1925, there shall be substituted a reference to section one of the M6Allotments (Scotland) Act, 1926, and any reference to section eight of the said Act of 1925 shall not apply; and for any references to section twenty-one of the M7Land Settlement (Facilities) Act, 1919, there shall be substituted a reference to section twenty-two of the M8Land Settlement (Scotland) Act, 1919.

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(f)Subsections (1) and (4) of section five and section six of this Act shall not apply, but the Department shall have power to provide, in accordance with the provisions of the M9Small Holding Colonies Acts, 1916 and M101918, or of the Small Landholders (Scotland) Acts, 1886 to 1919, either on land belonging to the Department or on land belonging to another person with the consent of that person, a holding for an unemployed person within the meaning of the said subsection (1) or for an agricultural worker, or for a person who, being or having been a member of His Majesty’s Forces, has had a suitable course of training for agriculture, notwithstanding that such unemployed person, agricultural worker or other person would be unable to cultivate the holding unless the facilities set forth in subsection (2) of the said section five were extended to him.

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(i)Section one of the M11Land Settlement (Scotland) Act, 1919, which relates to the compulsory acquisition of land for the purposes of the M12Small Holding Colonies Acts, 1916 and M131918, shall have effect as if the limitation of the period, during which the powers thereby conferred may be exercised, were omitted, and any provision in any Act in force at the passing of this Act which limits the period for which that section is to remain in operation shall cease to have effect.

(j)Subsection (3) of section eighteen of the Land Settlement (Scotland) Act, 1919, shall have effect as if for the purpose therein specified there were substituted the following purposes:—

(i)the provision of allotments or allotment gardens and the purchase or leasing and equipment of land therefor;

(ii)the making of grants or loans to local authorities or to societies or associations having as their object or one of their objects the provision of allotments or allotment gardens in aid of expenditure by such authorities societies or associations in connection with the provision of allotments or allotment gardens.

(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 sections twelve and seventeen shall not apply.