HL Deb 28 June 1922 vol 51 cc61-73

Amendments reported (according to Older).

Clause 1:

Termination of tenancies of allotment gardens.

1.—(1) Where land is let by a local authority, an association, or any other person, for use by the tenant as an allotment garden, the tenancy of the land or any part thereof shall not (exempt as hereinafter provided) be terminable by the lessor by notice to remove or by resumption of possession, notwithstanding any agreement to the contrary, except by— (b) resumption of possession after three months' or longer notice in writing to the tenant, under a power of resumption contained, in the lease, on account of the land being required for building, mining, or any other industrial purpose, or for roads or severs necessary in connection with any of those purposes, or in the case of land let by a Government department or a town, county, or parish council, or a corporation carrying on a railway, dock, canal, water, or other undertaking, on account of the land being reasonably required by the department, council, or corporation for any such purpose as aforesaid or for a purpose (not. being the use of land for agriculture) for which it was acquired or held by the department, council, or corporation, or has been appropriated under any statutory provision; or

LORD STUART OF WORTLEY moved to leave out all the words in subsection 1 (b) after "in connection with any of those purposes." and insert: (c) resumption of possession under a power of resumption of possession contained in the lease in the case of land let by a corporation or company being the owners or lessees of a railway, dock, canal, water, or other public undertaking on account of the land being required by the corporation or company for any purpose (not being the use of land for agriculture) for which it was acquired or held by the corporation or company, or appropriated under any statutory provision.

The noble Lord said: This is the Amendment which the noble Lord in charge of this Bill said he would accept, subject to verbal alterations, which have now been incorporated at the request of his Department. I beg to move.

Amendment moved— Clause 1, page 1, line 23, leave out from ("or") to ("or") on page 2, line 5, and insert the said paragraph.—(Lord Stuart of Wortley.)

On Question, Amendment agreed to.

Clause 2:

Compensation on removing from allotment gardens.

(2) Compensation under this section shall be recoverable only if the tenancy is terminated by the lessor and terminated, either—

  1. (a)between the first day of May and the first day of November; or
  2. (b) by resumption of possession at any time under paragraph (b) of the immediately preceding section of this Act.

(8)—(a) The compensation under this section from the lessor on the termination of a tenancy to which this section applies, and such further compensation (if any) as is recoverable from the lessor under the lease, shall in default of agreement, be determined by an arbiter appointed in default of agreement by the sheriff having jurisdiction in the place where the allotment garden is situated.

(9) This section shall not apply to any tenancy which has terminated before the date of tin passing of this Act, or where a notice to remove has been given, or possession has been resumed, or proceedings for resumption have been commenced before that date.

Amendment moved— Page 2, line 44, after ("of") insert ("subsection (1) of").—(Lord Stanmore.)

On Question, Amendment agreed to.

LORD STANMOEE moved, at the end of subsection (8), to insert "upon an application by letter from either or any of the parties addressed to the Sheriff Clerk." The noble Lord said: These words are to show that the application for the appointment of an arbiter is to be made informally, by a letter addressed to the Sheriff Clerk, and not by a Petition or formal application in the Sheriff Court. This Amendment was foreshadowed when the words on which it follows were inserted in the Bill in Committee, on the motion of my noble friend, the Duke of Buccleuch.

Amendment moved— Page 3, line 39, at end insert ("upon an application by letter from either or any of the parties addressed to the Sheriff Clerk").—(Lord Stanmore.)

On Question, Amendment agreed to.

LORD STANMORE moved, at the end of the clause, to insert the following new subsection:— () For the purposes of this section and the immediately preceding section of this Act—

  1. (a) Where a tenancy comes to an end at the expiry of the stipulated endurance of 63 the lease or at the expiry of any renewal of the lease by tacit relocation, the tenancy shall not be deemed to be terminated by the lessor by reason only of any notice given by the lessor to the tenant in order to prevent renewal or further renewal of the lease by tacit relocation.
  2. (b) Where land is let to a local authority or association and is sublet by the authority or association, notice from the lessor to the authority or association shall have effect also as notice at the same time to every sub-tenant of the authority or association affected thereby, but it shall be the duty of the authority or association forthwith to serve by post intimation of the notice upon each such sub-tenant."

The noble Lord said: The insertion of this new subsection is proposed in order to avoid doubt as to the effect of Clauses 1 and 2, and to secure that they have the same effect as the corresponding provisions of the English Bill. Paragraph (a) is due to the Scottish rule of "tacit relocation," whereby a lease does not come to an end automatically at the date specified in the lease, if neither landlord nor tenant gives notice of non-renewal. Clauses 1 and 2 apply only where the lease is terminated by the lessors. This paragraph is to make it clear that they do not apply where the lease is in effect terminated by effluxion of time, even though the lessor has given the necessary notice in order to prevent renewal.

Paragraph (b) is designed to make clear what happens where a local authority has leased land for allotment gardens, and receives notice from the lessor of the termination of their lease. In Scotland, as in England, a sub-tenant can have no better right than his immediate lessor; his sub-tenancy necessarily ends with the principal tenancy. But in this case it is thought right that the local authority should give individual notices to the allotment garden holders.

Amendment moved— Page 4, line 18, at end insert the said new subsection.—(Lord Stanmore.)

THE DUKE OF BUCCLEUCH

As your Lordships will see, there are no fewer than six pages of Amendments on this Bill in the name of my noble friend opposite, and they only appeared on the Paper this morning. Your Lordships will realise that it has been quite impossible to go through these proposed Amendments, and see whether or not they meet the case that we made in Committee. I am under the impression that my noble friend and his advisers have done what they can to meet what was brought forward on Committee stage, and therefore I have no complaint to make, except that it is quite impossible to discuss the Amendments at this sitting because we have not had time to go through them. I have already informed my noble friend opposite that and those who are acting with me will probably have to put down a certain number of Amendments on Third Reading, on account of our not having had time to consider the Amendments now. I understand that my noble friend is going to take the Third Reading at a convenient date so that we can have time to put down Amendments, if necessary. In view of that I shall not now discuss any of the Amendments.

LORD STANMORE

My Lords, I am, of course, very' glad to accept my noble friend's suggestion that discussion, if it be necessary, should take place on Third Reading, but I should like to point out that of the six pages of Amendments nearly the whole of them are in response to requests made by the noble Duke and his friends.

On Question, Amendment agreed to.

Clause 3:

Application to Crown lands.

3. The foregoing provisions of this Act shall apply to lands vested in His Majesty in right of the Crown, and to land vested in any Government department for public purposes.

LOED STANMORE moved, at the beginning of the clause, to insert: The foregoing provisions of this Act shall not apply to any land of which possession was taken by or on behalf of any Government department under the enactments relating to the Defence of the Realm or the regulations made thereunder, and possession of which has been continued by virtue of any enactment; but save as aforesaid.

The noble Lord said: These words will bring Clause 3 into line with Clause 6, the corresponding clause, of the English Bill.

Amendment moved— Clause 3, page 4, line 19, at the beginning insert the said words.—(Lord Stanmore.)

On Question, Amendment agreed to.

LORD STANMORE moved, after Clause 3, to insert the following new clause:—

".—(1) Where land is acquired on lease by a local authority for use as allotments:

  1. (a) The local authority may let to one person an allotment or allotments (not being an allotment garden or allotment gardens) exceeding one acre, but, if the laud is taken on lease compulsorily, either not exceeding in the whole four acres of pasture, or one acre of arable and three acres of pasture, or not exceeding four pounds in annual value.
  2. (b) The local authority may permit to be erected on an allotment (not being an allotment garden) a stable, byre or barn; provided that such stable, byre or barn shall not, unless erected with the assent in writing of the landlord, be the subject of compensation, but may be removed by the tenant on the termination of the tenancy.
  3. (c) The local authority shall not, without the assent in writing of the landlord, break up or permit to be broken up any permanent pasture on the land acquired on lease, unless entitled by the lease so to do; provided that, in the case of land so acquired after the date of the passing of this Act, the board may authorise the local authority without such assent to break up or permit to be broken up permanent pasture thereon, if the board are satisfied that no other land equally suitable for allotments is reasonably available.
  4. (d) If the land acquired on lease shall at any time during the tenancy thereof by the local authority be shown to the satisfaction of the board to be required by the landlord for the purpose of working the mines, minerals or surface minerals thereunder, or for foiling for building, or for any road or work to be used in connection with such working or winning or feuing, it shall be lawful for the landlord of such land to resume possession thereof upon giving to the local authority twelve months' previous notice in writing of his intention so to do, and upon such resumption the landlord shall pay to the authority and to the holders of allotments on the land for the time being such compensation for the loss of the land for the purposes of allotments as may be agreed between the landlord and the authority, or in default of agreement determined under and in accordance with the provisions of the Second Schedule to the Agricultural Holdings (Scotland) Act, 1908

Where land is let to a local authority for the purpose of being sublet for use as allotment gardens, the foregoing provision shall have effect subject to the provisions of this Act relating to the termination of tenancies of allotment gardens and to compensation on removing therefrom, and to determination of questions arising on resumption of land;

  1. (e) In this subjection the word 'landlord' means the person for the time being entitled to receive the rent of the land acquired on lease by the local authority.

(2) Where land is acquired by a local authority for use as allotments under an order for the compulsory leasing of the land:

  1. (a) The lease shall be for a period of not less than ten nor more than thirty-five years;
  2. (b) On the termination of the tenancy of the local authority, the compensation (if any) due by the landlord for improvements, or by the authority for depreciation, shall be determined in default of agreement, by arbitration under and in accordance with the provisions of the Second Schedule to the Agricultural Holdings (Scotland) Act, 1908;
  3. (c) The order shall not authorise the compulsory taking on lease of any mines or minerals or confer the right to take, sell, or carry away any stone, gravel, sand, or clay;
  4. (d) The paragraphs set out in the Second Schedule to this Act shall be substituted for paragraph (b) of provision (6) of the First Schedule to the Act of 1919.

(3) Nothing in the Allotments Acts contained shall authorise a local authority to acquire on lease for use as allotments any land which is already owned or occupied as a small holding within the meaning of the Small Holdings Act, 1892, or under the Small Landholders (Scotland) Acts, 1880 to 1919.

(4) The Board shall in their annual report include a statement of any proceedings under this section."

The noble Lord said: This new clause, as well us the next proposed new clause (relating to common pasture), with several consequential Amendments following, concluding with the proposed new Schedule II., all hang together. They are the result of an appeal made in Committee by Lord Elphinstone, for the simplification of Section 26 of the Act of 1894, as that section now stands, or will stand if this Bill passes. That section was amended by part III of the Land Settlement Act of 1919, and the First Schedule to that Act; it was extended to town councils as well as to parish councils, and the procedure for compulsory leasing was modified. Further Amendments of the section are contained in this Bill, particularly in Clause 4.

It is recognised that, in the result, the section becomes difficult to follow, and an attempt has been made to set out the effect of the section at length in this Bill, for clearness, and in order possibly to facilitate any future consolidation. Section 26 of the Act of 1894, while it deals mainly with compulsory leasing, contains provisions also which apply to all lands taken on lease for allotments by local authorities. Further, it contains a few provisions relating to common pasture, as to which local authorities possess powers under Section 12 of the Allotments Act, 1892.

In dealing with Section 26, care has been taken to preserve the substance of its provisions as these were amended and are amended by this Bill. Certain provisions are left out which have been superseded. Thus, in subsection (1) of Section 26, the general power to take land on lease by agreement is now contained in the Act of 1892 as amended by the Act of 1919, and in the Act of 1919 itself. In subsection (1), paragraph (c) of the first new clause, effect is given to the Amendment to Clause 4 subsection (4) of the present Bill which was inserted there in Committee on the motion of the Duke of Buccleuch. The words then inserted have not been used, because they did not seem apt to effect their purpose as explained. The inclusion of their substance in the new clause must not be taken to indicate the acceptance of that substance by the Government. In the second proposed new clause, relating to common pasture, which embodies Section 12 of the 1892 Act as since amended, provisions relating to preliminary procedure have been left out, which are in part superseded by Clause 12 of this Bill, and for the rest seem of no practical value.

Amendment moved— Clause 3, page 4, line 22, at end insert the said new clause.—(Lord Stanmore.)

On Question, Amendment agreed to.

LORD STANMORE moved, after Clause 3, to insert the following new clause:— .—() Where a local authority are satisfied that having regard to the wants and circumstances of the population of the burgh or parish it is desirable to acquire land for affording common pasture, the authority may, subject to the provisions of this section, by purchase or leasing acquire land suitable for that purpose whether within or without the burgh or pariah, and the provisions of the Allotments Acts, shall, so far as applicable in that behalf, and with the necessary modifications, apply as if the word 'allotments' in those Acts included common pasture, and as if the word 'rent' included a charge for turning out an animal:

Provided that—

  1. (a) The regulations made by the local authority under the Allotments Acts may extend to regulating the turning out of animals on the common pasture, to defining the persons (being persons 68 resident within the burgh or parish) entitled to turn them out, the number of animals to be turned out, and the conditions under which animals may be turned out, and fixing the charges to be made for each animal, and otherwise to regulating the common pasture;
  2. (b) The land acquired by a local authority by compulsory leasing for common pasture and held by the authority for that purpose at any one time shall not exceed twenty acres."

The noble Lord said: This is consequential on the last Amendment.

Amendment moved— Clause 3, page 4, line 22, at end insert the said new clause.—(Lord Stanmore.)

On Question, Amendment agreed to.

Clause 4:

Amendment of statutory provisions as to compulsory acquisition of land for allotments.

4.—(1) (a) Paragraph (6) of the said schedule (which relates to orders providing for the compulsory acquisition by leasing of land for allotments) shall be amended by the addition thereto of the following provision:— (b) It shall not be necessary for the order to incorporate any provisions of the Lands Clauses Acts or of the Railways Clauses Consolidation (Scotland) Act, 1845, other than such provisions as may be prescribed by the Board under subsection (7) of section twenty-six of the Local Government (Scotland) Act, 1894.

(2) Notwithstanding anything contained in section twenty-six of the Act of 1894 as amended or applied by any subsequent enactment, any question or difference arising on the termination of a tenancy created by a compulsory lease, or on the resumption of possession of any land the subject of such a lease, with respect to the amount due for compensation for improvements, or for depreciation, or for the loss of the land, or otherwise, shall in default of agreement be determined by an arbiter appointed in default of agreement by the Board.

(4) Paragraph (c) of subsection (5) of section 26 of the Act of 1894 (which restricts the breaking up of permanent pasture on land taken on lease for allotments) shall apply to land so taken on lease after the date of the passing of this Act, only if it is shown to the satisfaction of the Board of Agriculture for Scotland that no arable land which is equally suitable for the purpose, is reasonably available.

LORD STANMORE

The two Amendments on this clause are consequential.

Amendments moved— Page 4, line 23, to end of line 2 on page 5, leave out subsections (1) and (2). Page 5, lines 8 to 15, leave out subsection (4).—(Lord Stanmore.)

On Question, Amendments agreed to.

Clause 5:

Establishment of allotments committees.

(2) An allotments committee established under this section shall comprise persons other than members of the council, representative of the interests of occupiers of allotment gardens in the burgh, and being themselves occupiers of such allotment gardens provided that such co-opted members shall be less than one-half but shall not be less than one-third of the total number of the members of the committee.

LORD STANMORE

The Amendment to Clause 5 is drafting.

Amendment moved— Page 6, lines 25 and 26, leave out ("such co-opted") and insert ("the number of such representative").—(Lord Stanmore.)

On Question, Amendment agreed to.

Clause 7 (Determination of questions arising on resumption of lands):

LORD STANMORE

These Amendments are also drafting.

Amendments moved— Clause 7, page 8, lines 22 and 23, leave out ("landlord") and insert ("lessor") clause7, page 8, line 37, after ("Holdings") insert ("Scotland").—(Lord Stanmore.)

On Question, Amendments agreed to.

Clause 9 (Time limit for serving notice to treat for compulsory acquisition of land):

LORD STANMORE

The two Amendments to Clause 9 are drafting.

Amendments moved— Clause 9, page 9, line 10, after ("where") insert ("under the Allotments Acts") clause 9, page 9, line 13, leave out ("of the said order") and insert ("after the making of the said order, then the order").—(Lord Stanmore.)

On Question, Amendments agreed to.

LORD STANMORE moved, after Clause 10, to insert the following new clause: .It shall be the duty of a local authority providing allotments to make provision for access thereto by suitable roads or paths, where such means of access are not already available, and by regulations made under the Allotments Acts to require that access to the allotments shall be had only by such roads or paths.

The noble Lord said: This Amendment has been put on the Paper as the result of an Amendment moved in Committee by the Marquess of Linlithgow. It is very f desirable that allotments should have adequate means of access, for the convenience of the allotment holders, and the protection of neighbouring property— fences and so forth—which may be damaged by people crossing it. Local authorities have ample powers in this behalf, but there may be cases where these are inadequately used.

Amendment moved— Clause 10, page 9, line 2b, at end insert the said new clause.— (Lord Stanmore.)

On Question, Amendment agreed to.

Clause 15:

Interpretation.

15.—(1) In this Act, unless the context otherwise requires—

(2)—(a) In the Allotments Acts, except the provisions thereof hereinafter specified, unless the context otherwise requires, the expression "allotment" includes an allotment garden.

(b) The excepted provisions referred to in the foregoing paragraph are—

LORD STANMORE moved, in subsection (2) (b), to leave out "In the Act of 1894, provisoes (a) and (b) to subsection (5) and subsection (9) of section twenty-six." The noble Lord said: This is a consequential Amendment.

Amendment moved— Page 12, line 33, leave out from beginning of line to end of line 35.—(Lord Stanmore.)

LORD MUIR MACKENZIE

Perhaps this would be a convenient time for me to ask a question of the noble Lord, of which I have given him notice. When the Agricultural Holdings (Scotland) Bill was before the Joint Committee a good deal of discussion arose as to the meaning of the word "allotments." In fact, it seemed difficult to know what was an allotment and what was not. I understand that the noble Lord intends to bring in a Consolidation Bill with which the same Committee will have to deal next session, and I think it is very desirable, if it be possible, to put us into a position to avoid the same kind of difficulty arising. I should be very glad if the noble Lord could inform us whether he has considered that subject at all, and whether, in his definition clause, which is Clause 15, he has put in, or will put in, any words that may be likely to save us from that difficulty when we come to consolidation.

THE DUKE OF ATHOLL

Perhaps I may be allowed to answer that Question, which I understand is really, to put it bluntly: What is an allotment, and what is not an allotment? By Section 26 of the Local Government (Scotland) Act, which has now been more or less incorporated in this Bill, we find that a parish council can take land on lease, for allotments not exceeding 20 acres—I am, of course, taking the compulsory clause—for common pasture. That is all it can take for that purpose for a whole borough. Then, under Section 26, the county council, in the event of disagreement, can come in, and can take by compulsion land for a period of not less than ten years and not more than thirty-five years, so far as the land is necessary. That matter, however, is now in the hands of the Board of Agriculture. It is not in the hands of the county council, though it is covered by Section 26. One person can have as much as four acres under that section—that is to say, one acre of arable land and three acres of pasture, or four acres of pasture. The chief point is that the value of the whole is not to exceed £4 annual rental. That is quite clear.

I am not, of course, dealing with allotment gardens, which are specifically dealt with in this Bill. I suspect the noble Lord's arithmetic is better than mine, and he will probably remember that one-eighth of an acre is the quantity allowed to be taken for allotment gardens, so far as land that can be taken by compulsion is concerned. Otherwise, where land is let by agreement, it does not seem necessary, so far as I can see, to tie either side as to size or value, when there is a free agreement by both sides. There is no proposal to limit the specific size, where compulsion is not resorted to, and I do not really see why we should go further. I have informed the noble Lord of the size of allotments that can be taken by compulsion, which, I think, is the main point to which he is addressing himself at the present moment. I hope my reply is satisfactory.

LORD MUIR MACKENZIE

I am very-much obliged to the noble Duke for having taken so much pains over his answer. We shall have to consider that next year.

On Question, Amendment agreed to.

LORD STANMORE

I should like to add to what the noble Duke has just said that ever since Lord Elphinstone asked this question on the Committee stage, the subject has been very carefully considered by the Scottish Office, and they will be very ready to consider any suggestions that may be made. My remaining Amendments are consequential.

Amendment moved— Page 12, line 33, leave out from beginning of line to end of line 35.—(Lord Stanmore.)

On Question, Motion agreed to.

Schedule:

ENACTMENTS REPEALED.
Session and chapter Short Title. Extent of Repeal.
55 & 56 Vict. c. 54. The Allotments (Scotland) Act, 1892. In section two, subsection (1), from "and that such allotments" to "for the same," and subsection (2).
Subsection (1) of section seven.
In section sixteen, the definition of "allotment."
57 & 58 Vict. c. 58. The Local Government (Scotland) Act, 1894. Subsection (4) of section twenty-four, so far as not already repealed.
In section twenty-six—
in subsection (1) the words "as respects confirmation or otherwise";
in subsection (5) the words "and also the allotment managers," and proviso (c).
10 & 11 Geo. 5, c. 76. The Agriculture Act, 1920. Section eleven—subsection (5) of section thirty-four.

Amendments moved— In the Schedule, page 14, line 9, in the third column, at end insert ("section twelve") In the Schedule, page 14, line 15, in the third column, leave out from beginning of line to end of line 22, and insert ("section twenty-six").—(Lord Stanmore.)

On Question, Amendments agreed to.

Amendment moved— Page 14, after line 2, insert the following new Schedule: