Allotment Gardening Advice Help Chat

Poultry and Pets => The Hen House => Topic started by: Bryando on March 16, 2017, 17:23

Title: Scotland- keeping hens in garden law
Post by: Bryando on March 16, 2017, 17:23

Hi there,

I was offered an allotment by my council but refused as they don't allow chickens.  I then days later discovered I could have and been protected by the law.  Allotment Act Scottish version.

I am fairly confident many years back to read something that gave Scottish council tenants the right to keep hens in the back garden provided they were not pets.  The basis being they were kept for eggs/meat.  Now proving they are not pets would be an uphill struggle for the state and I doubt very much they would pursue it due to cost!   But that is another question.

Question I would like to ask is-  Does anybody know what I could have read that provide a right for a Scottish council tenant to keep a few chickens?
Thank you.

Title: Re: Scotland- keeping hens in garden law
Post by: Mum2mj on March 16, 2017, 20:01

Some general info here not sure if it applies to Scotland

http://www.nsalg.org.uk/allotment-info/hens-bees-and-other-animals/

This links to Scottish legislation so you should hopefully find something there

http://www.allotmoreallotments.org.uk/legislation.htm

Title: Re: Scotland- keeping hens in garden law
Post by: Bryando on March 17, 2017, 13:19

Thanks

Title: Re: Scotland- keeping hens in garden law
Post by: Yorkie on March 17, 2017, 16:44

Quote from: Bryando on March 16, 2017, 17:23

Hi there,

I was offered an allotment by my council but refused as they don't allow chickens.  I then days later discovered I could have and been protected by the law.  Allotment Act Scottish version.

I am fairly confident many years back to read something that gave Scottish council tenants the right to keep hens in the back garden provided they were not pets.  The basis being they were kept for eggs/meat.  Now proving they are not pets would be an uphill struggle for the state and I doubt very much they would pursue it due to cost!   But that is another question.

Question I would like to ask is-  Does anybody know what I could have read that provide a right for a Scottish council tenant to keep a few chickens?
Thank you.

You and others are right  that s.12 Allotments Act 1950 only applies in England and Wales.  I have looked at the Allotments (Scotland) Acts 1892, 1922 & 1950.  None of them have a section that mirrors s.12 in the E&W Act. 

I therefore don't think your first paragraph, that you would have been protected by the Scottish law on allotments, is correct.

As regards council tenancies (whether for council houses or council allotments - I'm not clear which you mean), it will depend on the particular terms of the tenancy.