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Land Drainage (Scotland) Act 1941

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7Interpretation, and powers of Scottish Land Court

(1)In this Act unless the context otherwise requires :—

  • The expression " agricultural land " shall include any land used for agricultural or pastoral purposes or for the purpose of poultry farming or as a market garden, orchard, allotment, or allotment garden, and any woodlands or land used for the purpose of afforestation :

  • The expression " Agricultural Executive Committee " means in relation to any area the Committee for that area to which the Secretary of State has delegated any of his powers relating to agriculture under regulations made under the Emergency Powers (Defence) Acts, 1939 and 1940 :

  • The expression " drainage works " shall include the cleansing, scouring, deepening, widening, straightening, or diverting of any watercourse or outfall for water, or the removal of obstructions, natural or artificial, therefrom ; the construction, removal, repair, raising, lowering, widening, strengthening, or altering, of any embankment, dam, sluice, weir, wall, groyne, or of any structure or erection for the purpose of defence against water ; and any works for the prevention or abatement of injury or damage which might be caused by the carrying out of any of the aforesaid operations :

  • The expression " lands " shall include salmon fishings :

  • The expression " navigation authority " means any person or body of persons having powers under any Act of Parliament to work or maintain a canal or other inland navigation (including a navigation in tidal waters) :

  • The expression " owner " has the like meaning as in the [60 & 61 Vict. c. 38.] Public Health (Scotland) Act, 1897 :

  • The expression " rating authority " has the like meaning as in the [19 & 20 Geo. 5. c. 25.] Local Government (Scotland) Act, 1929 :

  • The expression " watercourse " shall include any river, stream ditch, drain (whether open or closed), cut, culvert, dyke or sluice.

(2)For the purpose of determining any question required to be determined by them under this Act, the Scottish Land Court shall have the like powers as they have under the Small Landholders (Scotland) Acts, 1886 to 1931, for the purpose of the determination of matters referred to the said Court thereunder, and those Acts shall apply accordingly subject to any necessary modifications.

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