41 Direction by Land Court that holding be treated as market garden
Agricultural Holdings (Scotland) Act 1991 (1991 c 55) | Legislation

41  Direction by Land Court that holding be treated as market garden

(1)     Where—

(a)     the tenant of an agricultural holding intimates to the landlord in writing his desire to carry out on the holding or any part thereof an improvement specified in Schedule 6 to this Act;

(b)     the landlord refuses, or within a reasonable time fails, to agree in writing that the holding, or that part thereof, shall be treated as a market garden;

(c)     the tenant applies to the Land Court for a direction under this subsection; and

(d)     the Land Court is satisfied that the holding or that part therof is suitable for the purposes of market gardening;

the Land Court may direct that section 40 of this Act shall apply to the holding or, as the case may be, part of a holding, either—

(i)     in respect of all the improvements specified in Schedule 6 to this Act, or

(ii)

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