HC Deb 20 March 1931 vol 249 cc2302-4

(1) When one year's rent of a holding is unpaid or when a landholder has broken any statutory condition (other than a statutory condition as to payment of rent), it shall be lawful for the Land Court, on the application of the landlord and after consideration of any objections stated by the landholder, to make an order for the removal of the landholder, and where a landholder whose rights to compensation for permanent improvements have been transferred in whole or in part to the Department, under section eight of the Act of 1911, abandons his holding or breaks any statutory condition (other than as aforesaid) or breaks any of the conditions of repayment of a loan under the said section it shall be lawful for the Land Court, on the application of the Department, and after considering any objections stated by the landholder or the landlord, to make an order for the removal of the landholder.

(2) Section three of the Act of 1886 and sub-section (2) of section eight of the Act of 1911 are hereby repealed.—[The Lord Advocate.]

Brought up, and read the First time.

THE LORD ADVOCATE (Mr. Craigie Aitchison)

I beg to move, "That the Clause be read a Second time".

The effect of the new Clause is to provide for the exclusive jurisdiction of the Land Court in the matter of the removal of the landholder for a breach of the statutory conditions. Under the existing law, there are concurrent jurisdictions which are thought undesirable. Accordingly, this Clause gives effect to what, I think, is the general desire of the House. I hope that the House will accept it without further Debate.

Sir F. THOMSON

We on this side thank the Government for introducing this Clause. We suggested an Amendment more or less on these lines in Committee, and I think that the new clause effects a desirable improvement. The Clause follows out a recommendation of the Nairne Committee. There is no doubt whatever that the Nairne Committee, an important committee appointed by my right hon. Friend the former Secretary of State for Scotland, considered carefully the questions of landholding tenure, and so on. They made a very valuable and useful report. They pointed out that the present procedure of going to the Sheriff Court for the removal of a landholder under the old Act of Sederunt anent Removing is very costly and cumbersome. It means the employment of expert witnesses and so on. Here is the Land Court, with legal and agricultural members, which can give judicially and expeditiously a decision which will get rid of the difficulties under the old procedure, and it is a court where the interests of the small landholder will be adequately considered. I think that the new Clause will be an improvement in the law, and we on this side welcome it.

Clause added to the Bill.