Small Landholders (Scotland) Act 1911

1911 CHAPTER 49 1_and_2_Geo_5

Contents

Go to Preamble

1. 1. Crofters Acts applied throughout Scotland

2. 2. Who to be landholders

3. 3.

4. 4. Constitution of Board of Agriculture for Scotland

5. 5. Moneys placed at disposal of Board of Agriculture

6. 6. Application of moneys

7. 7. Powers to facilitate the constitution of new holdings. Constitution of small holdings

8. 8. Provisions regulating loans to landholders

9. 9. Loans for buildings

10. 10. Additional statutory conditions

11. 11. Obligations of landholders under Public Health Act

12. 12. Use by landlord of water rising on a holding

13. 13. Present rent

14. 14. Adjustment of rights by Land Court

15. 15. Registration of new holders

16. 16. Amendment of law as to enlargement of holdings

17. 17. Amendment of law as to vacant holdings

18. 18. Amendment of law as to renunciation of holdings

19. 19. Declaration of law as to resumption of holdings

20. 20. Amendment of law as to bequest of holdings

21. 21. Assignment of holding

22. 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23. 23. Arrears of rent to be set off against compensation for improvements

24. 24. Amendment of law as to regulation of common grazings, &c

25. 25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26. 26. Supplementary provisions and restrictions

27. 27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28. 28. Transfer of powers and duties

29. 29. Transfer of property

30. 30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31. 31. Definitions

32. 32. Provisions as to statutory small tenants

33. 33. Register of small holdings

34. 34. Act to apply to Crown land

35. 35. Small holdings may be constituted outside Act

36. 36. Short title and construction

37. 37. Extent of Act

38. 38.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39. 39. Repeal

40. FIRST SCHEDULE

41. SECOND SCHEDULE

An Act to encourage the formation of Small Agricultural Holdings in Scotland, and to amend the Law relating to the Tenure of such Holdings (including Crofters’ Holdings); to establish a Board of Agriculture for Scotland; and for other purposes connected therewith.

[16th December 1911]

1 Crofters Acts applied throughout Scotland

From and after the commencement of this Act, and subject to the provisions thereof, the Crofters Acts shall be read and construed as if the expression “landholder” were substituted for the expression “crofter” occurring therein, and shall have effect throughout Scotland.

2 Who to be landholders

(1)In the Crofters Acts and this Act (herein-after referred to collectively as the Landholders Acts) the word “holding” means and includes—

(i)As from the commencement of this Act, every holding which at the commencement of this Act is held by a crofter to whom in respect of such holding the Act of 1886 applies (herein-after referred to as an existing crofter);

(ii)As from the commencement of this Act, and subject as herein-after provided, every holding which at the commencement of this Act is held by a tenant from year to year who resides on or within [F1three kilometres] from the holding, and by himself or his family cultivates the holding with or without hired labour (herein-after referred to as an existing yearly tenant);

(iii)As from the termination of the lease, and subject as herein-after provided, every holding which at the commencement of this Act is held under a lease for a term longer than one year by a tenant who resides on or within [F1three kilometres] from the holding, and by himself or his family cultivates the holding with or without hired labour (such tenant, or his heir or successor, as the case may be, holding under the lease at the termination thereof being herein-after referred to as a qualified leaseholder):

(a)shall (unless disqualified under section twenty-six of this Act) be held an existing yearly tenant or a qualified leaseholder within the meaning of this section in every case where it is agreed between the landlord and tenant or leaseholder, or in the event of dispute, proved to the satisfaction of the Land Court, that such tenant or leaseholder or his predecessor in the same family has provided or paid for the whole or the greater part of the buildings or other permanent improvements on the holding without receiving from the landlord or any predecessor in title payment or fair consideration therefor; and

(b)in every other case shall not be held an existing yearly tenant or a qualified leaseholder within the meaning of this section, but shall (unless disqualified under section twenty-six of this Act) in respect of the holding be subject to the provisions of this Act regarding statutory small tenants;

(iv)As from the date of registration, every holding which is constituted by the registration of an applicant in respect thereof on his application under the provisions of this Act respecting the constitution of new holdings (herein-after referred to as a new holder).

(2)In the Landholders Acts the word “landholder” means and includes, as from the respective dates above mentioned, every existing crofter, every existing yearly tenant, every qualified leaseholder, and every new holder, and the successors of every such person in the holding being his heirs or legatees.

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4 Constitution of Board of Agriculture for Scotland

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)The Board shall be charged with the general duty of promoting the interests of agriculture, . . . F2, and other rural industries in Scotland, and shall also exercise and perform any powers and duties which are or may be conferred on or transferred to them under the provisions of this Act. In the discharge of their duties they shall comply with such instructions or regulations as may from time to time be issued by the Secretary of Scotland, and they shall submit an annual report of their proceedings to him, which report shall be laid before both Houses of Parliament.

(3)The Board may undertake the collection and preparation of statistics relating to agriculture, . . . F2, and other rural industries, and may make or aid in making such inquiries, experiments, and research, and collect or aid in collecting such information relating thereto as they think advisable.

(4)It shall be the duty of the Board to promote, aid, and develop instruction in agriculture, . . . F2, and other rural industries.

(5)The Board shall take such steps as they think proper for the promotion and development of agricultural organisation and co-operation.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(7)The Secretary for Scotland shall from time to time appoint a fit person to act as secretary to the Board.

(8) The members of the Board shall hold office during His Majesty’s pleasure. [F4There shall be employed in the Department such officers, clerks and other persons as the Secretary of State, with the sanction of the Treasury, may appoint.]

(9) The members of the Board and other persons appointed or employed under this section shall respectively receive such salary or remuneration as the Treasury may sanction, and all such salaries or remuneration and the expenses of the Board incurred in the execution of their duties, to such amount as may be sanctioned by the Treasury, shall be paid out of moneys provided by Parliament.

(10)The Board shall submit such estimates and keep such accounts of their receipts and expenditure, and their accounts shall be audited, in accordance with such regulations as the Treasury may direct.

(11)The powers and duties of the Board of Agriculture and Fisheries exerciseable in or in relation to Scotland, under the enactments specified in the First Schedule to this Act or under any local Act, shall be transferred to the Board, or, in the case of the powers and duties of any officer, [F4to such officer] of the Board as the Board nominate for the purpose.

(12)Subject as herein-after provided, it shall be lawful for His Majesty in Council by Order, made after consultation with the Board of Agriculture and Fisheries and the Secretary for Scotland and with the consent of the Treasury, to transfer to the Board any powers and duties of the Board of Agriculture and Fisheries exerciseable in or in relation to Scotland which are not transferred by this Act and to make any adjustment consequential on any transfer by or under this section, and to provide for any matter necessary or proper for giving full effect to any such transfer.

(13)Before any such Order is made, the draft thereof shall be laid before each House of Parliament for not less than two months while Parliament is sitting, and, if either House, before the expiration of such period of two months, presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereon, without prejudice to the making of any new draft order.

(14)Nothing in this section shall transfer or authorise the transfer of . . . F5 any powers or duties exercisable under the M1Diseases of Animals Act, 1894, or any enactment amending or extending the same.

5 Moneys placed at disposal of Board of Agriculture

. . . F1 any sums required by the provisions of any Act to be carried to the Congested Districts (Scotland) Fund, shall, at and after the commencement of this Act, be carried to the Agriculture (Scotland) Fund.

6 Application of moneys

The Agriculture (Scotland) Fund shall be applied for the following purposes, that is to say, for the purpose of facilitating the constitution of new landholders’ holdings, the enlargement of landholders’ holdings, and the improvement and rebuilding of dwelling-houses or other buildings of landholders and cottars in terms of the Landholders Acts or the M1Congested Districts (Scotland) Act, 1897, and for the purpose of exercising the other powers and duties conferred on or transferred to the Board under the provisions of this Act . . . F1

7 Powers to facilitate the constitution of new holdings. Constitution of small holdings

(1)It shall be lawful for the landlord of any land and any other person to agree that in respect of such land such person may apply to the Land Court to be registered as a new holder under this Act and such person may thereupon apply accordingly, and subject to the provisions of this Act may be so registered.

(2)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(6)Where a new holder is registered under this section by agreement, the rent agreed between the landlord and the new holder shall not, if the same shall have been agreed upon for a specified period, be altered by the Land Court during such period, and shall not in any case be altered by the Land Court for a period of seven years from the term at which it first becomes payable [F2nor shall the rent payable in respect of a new holding constituted by a scheme made under this section be so altered for a like period].

(7)Where, with a view to, or as incidental to, the registration of a new holder or holders in respect of any land, whether by agreement or otherwise, the Board are of opinion . . . F3 that assistance should be provided for the purpose of dividing, fencing, or otherwise preparing or adapting the land, making occupation roads, or executing other works, such as works for the provision of drainage or water supply, or erecting or adapting a dwelling-house or dwelling-houses or other buildings, or for any similar purpose, the Board may provide such assistance by way of loan or . . . F4 by way of gift, and subject to such conditions as they may prescribe. Conditions so prescribed and the provisions for their enforcement or for the case of their violation shall be as effectual as if they were contained in this Act.

Where the Board are satisfied that there is a demand for small holdings and that suitable land is available for that purpose, it shall be the duty of the Board to prepare a scheme for the constitution of one or more new holdings on such land, to be occupied by new holders upon such terms and conditions not inconsistent with the Landholders Acts as the Board think reasonable.

(b)Every such scheme shall show—

(i)the situation and total area of the land on which one or more new holdings are to be constituted;

(ii)the number and respective situations and areas of the new holdings;

(iii)which, if any, of the existing buildings on the land are to be utilised for the new holdings;

(iv)the water supply for each new holding, including the source from which the supply is to be taken, and any necessary pipes or other works;

(v)the situation and area of any common pasture or grazing to be occupied in connection with the new holdings; and

(vi)the rent of each new holding.

(c)Where the Board are satisfied that there is not available on the land on which the new holdings are to be constituted a supply of water sufficient for the holdings, they may include in the scheme provision for taking and conveying from or through any part of the estate whereof such land forms part such supply of water as may be necessary for the new holdings and which can be taken without detriment to the requirements of the remainder of the estate; and, for the purposes of this section, any land from or through which such supply of water is to be taken or conveyed shall be deemed to be comprised in the scheme.]

[F5(9)Where the Board intend to prepare such a scheme, they shall give notice of their intention to the landlord of any land which is to be comprised therein, and when a landlord has received such notice it shall not be lawful for him, save with the consent of the Board, to let or to enter into any agreement for letting such land or any part thereof until the Board have made an order confirming the scheme, or have abandoned the same:

(a)such disability shall not in any case continue for a longer period than [F6twelve months] from the date of notice, and

(b)for any loss sustained by a landlord, tenant, or occupier from the operation of this subsection, the Board shall pay to him such compensation as may be agreed or as may be determined, failing agreement, by the Land Court on the application of either party.]

[F7(10)When the Board have prepared a scheme under this section, they shall intimate the prepared scheme to the landlord, tenant and occupier of any land comprised therein, and shall give to such landlord, tenant and occupier, an opportunity of considering the scheme and of making representations concerning the same to the Board, and after giving to all persons interested an opportunity of being heard may, . . . F8 make an order confirming the scheme, in whole or in part, and with or without modification, or may abandon the scheme.]

Where the Board make any such order, they shall notify the same to the landlord, tenant and occupier of any land comprised therein, and shall pay to such landlord, tenant and occupier such compensation for any damage or injury done to him in consequence of and directly attributable to the constitution of new holdings under the scheme (including any damage or injury done to a landlord in respect of an obligation to take over sheep stock at a valuation) as may be agreed or as may be determined, failing agreement, by the Land Court, upon the application of either party, and after giving to all persons interested an opportunity of being heard, and, if they so desire, of leading evidence in the matter.

(b)The compensation payable under this subsection shall not include—

(i)any allowance on account of the constitution of new holdings being compulsory;

(ii)any compensation for injury done to or depreciation in the selling value of the land comprised in the scheme, or of any estate whereof such land forms part, except in so far as the same arises from injury done to or depreciation in the letting value of the land or estate; or

(iii)any compensation for injury done to the value of the sporting rights over such land or estate in so far as it exceeds the estimated value of such rights if the land or estate were put to the full reasonable use for which it could be let under ordinary lease to ordinary agricultural or pastoral tenants.

(c)For the purpose of this subsection, any benefit or relief enhancing the letting value of the land comprised in the scheme or of any estate of which such land forms part resulting to a landlord or to any other person in consequence of and directly attributable to the constitution of new holdings under the scheme upon the one hand shall be set against any damage or injury done to him as aforesaid upon the other hand.

(d)In determining the amount of compensation payable to the tenant of any farm, regard shall be had to the duration of his lease, and in no case shall any allowance for loss of tenant’s profits be made in respect of a period exceeding three years.

(e)(i)Where any compensation has been awarded and the amount thereof determined by the Land Court under this subsection, the Board may, at any time within two months after such determination, resolve to abandon the scheme and withdraw the order, paying to any person any expenses reasonably incurred by him in connection with the making of the order or the claim for compensation, as such expenses may, failing agreement, be determined by the Land Court on the application of either party.

(ii)Subject to the foregoing provision, every order made by the Board for the constitution of new holdings shall be recorded in the Landholders’ Holdings Book as if it were an order of the Land Court, and shall thereupon have effect and be enforceable in like manner as an order of the Land Court so recorded.

(f)In any case where the Board have entered into an agreement with a landlord or a tenant or any other person for or in connection with the constitution of one or more new holdings upon land in which such landlord, tenant or other person is interested, the Board may pay to any person so interested, whether a party to the agreement or not, such compensation (or other consideration in money), if any, as the Board consider equitable and consistent with the provisions of this subsection in respect of any damage or injury done to him in consequence of and directly attributable to the constitution of the new holdings, and it may be a term of any such agreement entered into by the Board with a landlord that section seventeen of this Act shall apply in respect of any such new holding as if the holding had been constituted otherwise than by agreement, and in that case the said section shall apply accordingly.

(g)Where any landlord interested represents to the Secretary for Scotland that a preapared scheme ought not to be confirmed, the Secretary may, before [F9confirming] the scheme, refer the same to the Land Court for inquiry and report.]

(12)In or after making such an order, the [F10Board] (without prejudice to their other powers) may do, provide, or decide anything incidental to or consequential on such an order as if it were an order under section twelve of the Act of 1886, and may, if they think fit, provide for the incorporation with the order, subject to the necessary adaptations, of any provisions of the Lands Clauses Acts which appear to them requisite for carrying the order into effect.

(13)Upon such an order providing for the constitution of one or more new holdings on any land being issued, the Board may proceed to make it effective by entering on the land, carrying out works, and otherwise as may be required (due compensation to such amount as may be agreed or as, in case of dispute, may be determined by the Land Court being made for surface damage), and may negotiate with one or more duly qualified applicants with a view to their registration as new holders in respect of the land.

(14)A new holder shall not be duly qualified for registration otherwise than by agreement who does not satisfy the Board as to his ability to fulfil the obligations incumbent on him.

(15)The Board shall give reasonable consideration to objections stated by a landlord to any applicant for a new holding, and ceteris paribus shall give a preference to applicants preferred by the landlord.

(16)Except by agreement, a new holder shall not be registered—

(a)in respect of any land being or forming part of a farm not exceeding [F11sixty hectares] acres occupied by a person who has no personal interest in any other farm, or, in the case of a farm so occupied which exceeds one hundred and fifty acres but is wholly or mainly pastoral, not exceeding an annual value as entered in the valuation roll of eighty pounds: Provided that nothing herein contained shall operate to prevent the registration otherwise than by agreement of two or more new holders in respect of the whole of such farm, not being a farm wholly or mainly pastoral, where no other land is available in the neighbourhood of any existing village or township; or

(b)in respect of any land being or forming part of a farm occupied subject to a lease which was in force at Whitsunday nineteen hundred and eleven, or, in the case of land within the counties specified in section nineteen of the Act of 1886, at Whitsunday nineteen hundred and six, so long as the lease remains in force.

(17)All parties being possessed of lands or any right or interest therein who under the Lands Clauses Acts have power on behalf of themselves or of others to convey and dispose of such lands, or of such rights therein, for the purposes mentioned in those Acts, shall have the like power to enter into any agreement or given any consent for the purposes of this section.

(18)Notwithstanding anything contained in the M1Congested Districts (Scotland) Act, 1897, the expression “landlord” in this section includes the Board in respect of any land purchased under that Act and transferred to the Board under the provisions of this Act [F2and any other land which has been or may be acquired by the Board].

(19)[F12Any member of the Land Court, or any person] authorised in writing by the Land Court or by the Board, may, for the purposes of the Landholders Acts, enter upon and inspect any lands or buildings at all reasonable hours on any lawful day, after due notice has been given to the owner and occupier of such lands or buildings.