SMALL .-iOLDIXGS IN SCOTLAND li- 



the landlord must intimate the fact to the Board, and he may not, without 

 the Board's consent and the intervention, on their application, of the L,aad 

 Court, let it except to a new holder under the Act or to a neighbouring 

 landholder for the enlargement of his holding. A holding w^hich has been 

 occupied by a statutory small tenant may be let to a tenant outside the 

 scope of the Act, or it may be let as a " new holding" to a landholder, but 

 it may not be merged in another holding withoirl the consent of the Board. 

 The Board are further required to compile a Register of Small Holdings, 

 Avhether occirpied by landholders or statutory small tenants or not. The 

 Register is to include all agricultural holdings within one or other of the 

 limits of rent and acreage laid down in the Act. 



§ 9. Formation of new holdings. 



The Act in no way affects the right of a landlord to form a small hold- 

 ing and let it to a tenant on any terms wliich may be arranged between 

 them. Extensive powers are, however, conferred on the Board and on the 

 Laud Court for the constitution of new holdings. The procedure is laid 

 down in Section 7 of the Act. Two alternative courses are contemplated — 

 agreement with the landlord of the land which it is proposed to form into new 

 holdings, and procedure by means of a Compul.sory Order issued by the 

 Land Court on the application of the Board. The first steps are taken 

 by the Commissioner for Small Holdings, one of the members of the Board, 

 who is charged with the duty of reporting to the Board on the demand for 

 holdings in any district and the supply of land available (i) to meet it, 

 and of entering upon negotiations with the landlords of such land for the 

 adjustment of a scheme of land settlement. If the landlord refuses to 

 negotiate, or if no agreement can be reached on the scheme submitted 

 by the Commissioner, the Board may apply to the lyand Court for a Compul- 

 sory Order to make the scheme effective. The Court is to determine what 

 land, if an} , specified in the scheme is to be formed into holdings, what 

 is the fair rent for each holding, and whatever else may be necessary to make 

 the scheme effective and to adjust the rights of parties concerned. In 

 the normal course the Court will indicate in their Order what amount 

 of compensation they think is due to the landlord and to the present tenant 

 (if any) of the land, as a consequence of the formation of the new holdings. 

 If either of these persons claims compensation to an amount exceeding 

 £300, he may have his claim settled by arbitration instead of by the T^and 

 Court. Should the Board think the amount of compensation awarded 

 makes the scheme undul}' expensive, they need not proceed with it. Should 

 they determine to proceed, they will make the Order of the Court effective 

 by entering on the land, carrying out an}- works that may be necessary, 



(i) For the limitations on the choice of land for this puipose see Section 7 (-). (5) and (i6) 

 and Section 26 of the .\ct. 



