9 & 10 GEORGE 5, CHAPTER 97. relate to consequential and minor matters) shall be made in the provisions of the Act of 1911 mentioned in the first column of that schedule. PART III.-ALLOTMENTS. 18. POWERS RELATING TO ALLOTMENTS.—(1) The powers and duties of county councils under the Allotments (Scotland) Act 1892 (55 & 56 Vict. c. 54) (in this Act referred to as the Act of 1892), shall be transferred to parish councils, and the provisions of Part IV. of the Local Government (Scotland) Act 1894 (57 & 58 Vict. c. 58) (except section twenty-five of that Act), shall apply to the exercise and performance of the powers and duties transferred to or conferred and imposed on parish councils by this Part of this Act as if they had been conferred and imposed by the said Part IV. of that Act. (2) The powers and duties conferred and imposed on town councils by this Part of this Act shall be exercised and performed as if they had been conferred and imposed by the Act of 1892, and all expenses incurred by a town council under that Act shall be defrayed out of the public health general assessment or out of moneys borrowed on the security of that assessment, under and subject to the provisions of the Public Health (Scotland) Act 1897 (60 & 61 Vict. c. 38), relating to that assessment and to money so borrowed. (3) The Board may, with the approval of the Secretary for Scotland, apply moneys out of the Agriculture (Scotland) Fund to an amount not exceeding four thousand pounds in any one year for the purpose of encouraging and developing the provision of allotments throughout Scotland in such manner as they think fit. 19. ALLOTMENTS CONSULTative CommiTTEES IN CERTAIN BURGHS.-In the case of every burgh where the Secretary for Scotland so requires, it shall be the duty of the town council annually to appoint a committee, which may consist in whole or in part of persons who are not members of the council, to consult with the council on matters relating to the provision, equipment, and management of allotments. 20. LAND FOR ALLOTMENTS.-If a local authority are unable by agreement to acquire by purchase or leasing suitable land for allotments at a reasonable price or rent and subject to reasonable conditions, the authority may apply to the Board for an order for the compulsory acquisition by purchase or leasing of the land specified in the application, and for the purpose of such acquisition the provisions of the First Schedule to this Act shall have effect. 21. TEMPORARY USE FOR ALLOTMENTS OF LAND ACQUIRED FOR OTHER PURPOSES.-Where any land belonging to a local authority is not immediately required for the purpose for which it was acquired, and is in the opinion of the authority suitable for temporary use in the form of allotments, the authority may, with the consent of the Secretary for Scotland, make the land available for such use, subject to any necessary conditions and restrictions as to tenure and otherwise. 22. PROVISIONS AS TO ALLOTMENTS.-(1) A local authority may purchase any fruit-trees, seeds, plants, fertilizers, or implements required for the purposes of allotments cultivated as gardens, whether provided by the authority or otherwise, and sell any article so purchased to the cultivators, or, in the case of implements, allow their use, at a price or charge sufficient to cover the cost of purchase: Provided that the powers conferred by this subsection shall be exerciseable only where, in the opinion of the authority, the facilities for the purchase or hire of the articles aforesaid from a society on a co-operative basis are inadequate. (2) Any person who by any act done without lawful authority or by negligence causes damage to any crops growing on an allotment cultivated as a garden shall be liable on summary conviction to a penalty not exceeding five pounds. (3) Stamp duty shall not be payable on any lease or agreement for the letting of any allotment or garden, whether provided by a local authority or otherwise, or on any duplicate or counterpart of such lease or agreement, where the rent does not exceed ten shillings per annum, and no consideration other than the rent is paid. 23. CONSEQUENTIAL AND MINOR AMENDMENTS OF ACT OF 1892.-The amendments specified in the second column of the Third Schedule to this Act (which relate LAND SETTLEMENT (SCOTLAND) ACT 1919. to consequential and minor matters) shall be made in the provisions of the Act of 1892 mentioned in the first column of that schedule. 24. INTERPRETATION.-In this Part of this Act, the expression "parish council" has the same meaning as in Part IV. of the Local Government (Scotland) Act 1894, and the expression "local authority" has the same meaning as in the Act of 1892. 25. COMMENCEMENT OF PART III. OF ACT.-This part of this Act shall come into operation on the first day of January, nineteen hundred and twenty. PART IV.-FINANCIAL. 26. LOANS TO BOARD.-(1) The Board may borrow money as in this section provided for the acquisition and adaptation of land for the purposes of Part I. of this Act, and for the adaptation of land for landholders under the Act of 1911. (2) During the period from the commencement of this section to the expiration of two years after the passing of this Act, the Treasury may issue to the Public Works Loan Commissioners out of the Consolidated Fund of the United Kingdom or the growing produce thereof, sums not exceeding in the aggregate two million seven hundred and fifty thousand pounds, and the Public Works Loan Commissioners may make loans to the Board out of the sums so issued on such terms and conditions as the Treasury may prescribe. (3) At the end of the financial year ending on the thirty-first day of March in the year nineteen hundred and twenty, and of each subsequent year, the Board shall submit to the Treasury, in such form as the Treasury may prescribe, a statement of the loss (if any) which has been reasonably or necessarily incurred by the Board during the financial year so far as such loss relates to expenditure out of loans under this section, and the amount of such loss, to the extent approved by the Treasury, shall be paid out of moneys provided by Parliament. (4) If the Treasury so prescribe, and subject to any regulation which may be made by the Treasury, any moneys lent to the Board under this section may be paid into and administered as part of the Agriculture (Scotland) Fund constituted under section five of the Act of 1911. (5) References in this section to Part I. of this Act include references to the Congested Districts (Scotland) Act 1897, and the Small Holding Colonies Acts 1916 and 1918, and the expression "adaptation of land" includes the taking over of sheep stock at a valuation and all operations carried out on the land by the Board under their statutory powers. (6) This section shall be deemed to have had effect as from the first day of April nineteen hundred and nineteen. 27. FURTHER MONEY TO BE PLACED AT DISPOSAL OF BOARD.-In addition to the sums not exceeding one hundred and eighty-five thousand pounds specified in section five of the Act of 1911 there shall be placed at the disposal of the Board for the purposes specified in section six of the said Act, during each of the ten years commencing the first day of April in the year nineteen hundred and twenty, a sum not exceeding fifteen thousand pounds, annually voted by Parliament for the said purposes; and any sums so voted shall be paid into and administered as part of the Agriculture (Scotland) Fund constituted under section five of the said Act. PART V.-GENERAL. the 28. PREFERENCE FOR PERSONS WHO HAVE SERVED IN WAR.-During period of two years after the passing of this Act, it shall be the duty of the Board, in selecting persons to be settled on any land belonging to the Board, and in considering applications for the registration of new holders or the enlargement of existing holdings under the Small Landholders (Scotland) Acts, 1886 to 1911, as amended by this Act, to give preference to suitable persons who have served in the forces of the Crown in the present or in any previous war. 29. ADVANCES TO TENANTS OF SMALL Holdings.-During the period of two years after the passing of this Act, and subject to the provisions of any regulations made by the Treasury, the Board may make or provide for making or guarantee an advance 9 & 10 GEORGE 5, CHAPTER 97. by way of loan to any tenant of a small holding provided by the Board under the Small Holding Colonies Acts 1916 and 1918, or to any new holder of a small holding under the Small Landholders (Scotland) Acts 1886 to 1911, as amended by this Act, who is registered as such after the passing of this Act, of such sums as the Board think necessary for the purchase of live stock, seeds, fertilisers, and implements required for the purposes of the holding; and the making or provision for the making of such advances shall be a purpose for which the Board may borrow money under the section of this Act relating to loans to the Board. 30. PROVISIONS AS TO LAND TAKEN UNDER THE DEFENCE OF THE REALM REGULATIONS. (1) For removing doubts it is hereby declared that section one of the Defence of the Realm (Acquisition of Land) Act 1916 (6 & 7 Geo. 5, c. 63), applies to land of which possession has been taken by the Board under the powers conferred by regulations 2L and 2M of the Defence of the Realm Regulations, and that the Board are entitled whilst in possession, by themselves or by any person deriving title under them, of the land, after the termination of the present war, to exercise in relation thereto any of the powers conferred by those regulations for such term and subject to such conditions as are mentioned in the said Act. (2) Where at the termination of the present war a local authority are exercising powers under the said Regulation 2L in respect of land of which the local authority are owners or occupiers, the local authority may continue to exercise those powers in relation to that land until the expiration of two years from the termination of the present war, and the provisions of paragraph (6) of the said regulation shall apply accordingly. 31. CONSTRUCTION.-(1) This Act, so far as it amends the Act of 1911, shall be construed as one with that Act, and references in this Act to that Act or to any provision of that Act shall be construed as references to that Act or provision as amended by this Act. (2) References in this Act to the Act of 1892 shall be construed as references to that Act as amended by this Act. (3) References in this Act to the Small Holdings Colonies Acts 1916 and 1918 shall be construed as references to those Acts as amended by this Act. 32. REPEAL.-The enactments mentioned in the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule. 33. CITATION.-This Act may be cited as the Land Settlement (Scotland) Act 1919, and the Small Landholders (Scotland) Acts 1886 to 1911, and so much of this Act as amends the Act of 1911 may be cited together as the Small Landholders (Scotland) Acts 1886 to 1919. SCHEDULES. FIRST SCHEDULE (ss. 3 AND 20). PROVISIONS AS TO THE COMPULSORY ACQUISITION OF LAND. (1) Where under this Act the Board propose to acquire land compulsorily or to provide for the compulsory acquisition of land by a local authority, the Board may prepare an Order putting in force as respects the land specified in the Order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement. (2) The Order shall be in the prescribed form, and shall contain such provisions as may be prescribed for the purpose of carrying the Order into effect, and shall incorporate, with any necessary adaptations, the Lands Clauses Acts (except the provisions thereof relating to the sale of superfluous lands), and sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict. c. 33), and those Acts shall apply accordingly. (3) The Order shall be published by the Board in the prescribed manner, and such notice as may be prescribed shall be given both in the locality in which the land specified in the Order is situate, and to the owners or reputed owners, lessees or reputed lessees, and occupiers of that land. LAND SETTLEMENT (SCOTLAND) ACT 1919. (4)-Any person having a right or interest in the land specified in the Order may, within the prescribed period, present in writing to the Board an objection to the making of the Order. (5) If within that period no such objection has been so presented, or every such objection so presented has been withdrawn, the Board may, subject to the approval of the Secretary for Scotland, forthwith make the Order; but, if any such objection has been duly presented and has not been withdrawn, the Board shall take the same into consideration, and after such inquiry (if any) as they think fit, may either withdraw the Order, without prejudice to the preparation and making of a new Order, or may make the Order with or without modification, subject to the approval aforesaid. (6) In the case of an Order providing for the compulsory acquisition by leasing of land for allotments (a) the provisions of the Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57), so far as applicable to compulsory leasing, shall apply with the necessary modifications; and (b) the provisions of section twenty-six of the Local Government (Scotland) Act 1894 shall apply with the necessary modifications; and in such application. references to a parish and to a parish council shall include references respectively to a burgh and to a town council; references to the county council and to the Local Government Board for Scotland shall be construed as references to the Board; references to section twenty-five of the said Act of 1894 shall be construed as references to this schedule; and the reference to allotments last occurring in subsection (1) of the said section twenty-six shall include a reference to common pasture. (7) Any Order made under this schedule with the approval of the Secretary for Scotland shall have effect as if enacted by Parliament. (8) (a) In construing, for the purposes of this schedule, or any Order made thereunder, any enactment incorporated with the Order, this Act together with the Order shall be deemed to be the Special Act, and the Board or the local authority, as the case may be, shall be deemed to be the promoters of the undertaking. (b) In this schedule, the expression "land" includes water and any right or servitude to or over land or water, and "prescribed" means prescribed by the Secretary for Scotland. SECOND SCHEDULE (s. 17). MINOR AND CONSEQUENTIAL AMENDMENTS OF THE ACT OF 1911. Enactment to be amended. Amendment. At the end of subsection (6) the following words shall be inserted" nor 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." In subsection (12) for the words "Land Court" there shall be substituted the word "Board." At the end of subsection (18) the following words shall be inserted :-" and any other land which has been or may be acquired by the Board." In subsection (3) after the words "or the Land Court," there shall be inserted the words "or the Board," and after the words "from the Land Court," there shall be inserted the words "or from the Board." For the words "Land Court" there shall be substituted the word "Board." 9 & 10 GEORGE 5, CHAPTER 97. THIRD SCHEDULE (s. 23). MINOR AND CONSEQUENTIAL AMENDMENTS OF THE ACT OF 1892. Enactment to be amended. Amendment. The Allotments (Scotland) c. 54). 8. 2 8. 3 s. 12 S. 14 s. 16 For the word "county," wherever occurring, there shall be substituted the word "parish." In paragraphs (a) and (b) of subsection (5), and in subsection For the words "any parish in their county" there shall be For the word "county," wherever occurring, there shall be In the definition of "local authority," for the words "in a county the county council" there shall be substituted the words "elsewhere than in a burgh the parish council." FOURTH SCHEDULE (s. 32). ENACTMENTS REPEALED. Session and Short Title. Extent of Repeal. 55 & 56 Vict. c. 54. 57 & 58 Vict. c. 58. The Allotments (Scot- The Local Government 1 & 2 Geo. 5, The Small Landholders c. 49. In section eleven, the proviso to subsection (2), In section twelve, the word "labouring." In section twenty-four, the first paragraph of Subsection (6) of section four. Subsections (2), (3), (4) and (5) of section seven. In section seventeen, the words "subject to the In section one, as respects Scotland, the words "During the continuance of the present war and a period of twelve months thereafter," and the word "experimental." Paragraph (c) of section eleven. |