schedules

Section 8.

FIRST SCHEDULEE+W+S Minor and Consequential Amendments

Part IE+W+S England and Wales

Hill Farming Act, 1946E+W+S

1E+W+SOn the appointed day, in section twenty-one (which empowers the Minister to avoid or relax covenants in leases prohibiting or restricting the burning of heather or grass), the following subsections shall be substituted for subsection (1)—

Agriculture Act, 1947E+W+S

2E+W+SSection fifty-three (which empowers the Minister, where it appears to him that a smallholdings authority have failed to fulfil their responsibilities to manage in accordance with the rules of good estate management land held by them for the purposes of smallholdings, to direct the authority to carry out certain work on the land) shall cease to have effect.

3E+W+SIn section seventy-three (which provides for the establishment, constitution and procedure of Agricultural Land Tribunals)—

(a)for references to the Minister there shall be substituted references to the Lord Chancellor;

(b)in subsection (1), for the words “determining matters referred to them under this Act” there shall be substituted the words “ hearing and determining references and applications made to them under any enactment ”;

(c)in subsection (3), the following paragraph shall be inserted after the words “and in particular—” —

“(aa) as to the manner in which applications are to be made to the Tribunals and the time within which they are to be made;”

and paragraph (c) shall be omitted;

(d)in subsection (4), the words “ or application ” shall be inserted after the word “reference”; and

(e)after the subsection (4) there shall be inserted the following subsection—

“(5)An Agricultural Land Tribunal may, for the purpose of hearing and determining applications and references made to them under any enactment, sit in two or more divisions, and, in relation to the hearing and determination of any such applications or reference by such a division, that division shall be deemed to be the Tribunal.”

4E+W+SIn relation to Agricultural Land Tribunals, section seventy-five (which provides for the case where land lies partly in the area of one such tribunal and partly in the area of another) shall have effect (except as respects a reference to such a tribunal under section eighty-five or section eighty-six of the Act of 1947) as if, for the reference therein to the Minister, there were substituted a reference to the Lord Chancellor.

5(1)The Ninth Schedule shall be amended in accordance with the following provisions of this paragraph.E+W+S

(2)The following paragraphs shall be substituted for paragraphs 13 to 16—

“13(1)The Lord Chancellor shall appoint a chairman for each Agricultural Land Tribunal, who shall be a barrister or solicitor of not less than seven years’ standing.

(2)The chairman shall hold office for three years, and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.

(3)The chairman may resign his office by notice in writing to the Lord Chancellor.

(4)If the Lord Chancellor is satisfied that the Chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or if the chairman is adjudged bankrupt or makes a compositionor arrangement with his creditors, the Lord Chancellor may revoke the appointment of the chairman.

14The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of deputy-chairman, who shall be barristers or solicitors off not less than seven years’ standing.

15(1)The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of persons appearing to him to represent the interests of farmers and a panel of persons appearing to him to represent the interests of owners of agricultural land.

(2)Subject to the following sub-paragraph, the persons to be placed on either panel shall be selected by the Lord Chancellor from nominations made at his request by persons appearing to him to represent the interests of farmers or owners of agricultural land, as the case may be.

(3)The last foregoing sub-paragraph shall not prevent the Lord Chancellor from placing on either of the panels a person not nominated in accordance with that sub-paragraph, if the persons requested to make the nominations for that purpose do not make the required number of nominations, or the nominations they make do not include enough persons who appear to the Lord Chancellor to be suitable.

16(1)For each hearing by an Agricultural Land Tribunal of an application or reference thereto the members of the Tribunal shall be—

(a)the chairman, or a person nominated from the panel of deputy-chairmen (whether for that Tribunal or for any other Agricultural Land Tribunal) or from the chairmen of other Agricultural Land Tribunals, and

(b)one person nominated by the chairman from each of the panels for that Tribunal drawn up under the last foregoing paragraph or from a corresponding panel for any other Agricultural Land Tribunal.

(2)The chairman may, if it appears to him expedient so to do, nominate two assessors to be added to the Tribunal for the hearing of an application or reference thereto in order to assist the Tribunal in the hearing.

(3)The assessors shall be selected by the chairman from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors

16AIf the chairman of an Agricultural Land Tribunal is prevented by sickness or any other reason from making nominations under sub-paragraphs (1) and (2) of the last foregoing paragraph or from otherwise discharging the duties of his office, those duties may be discharged by a person appointed from the panel of deputy-chairmen for that Tribunal by the chairman or, if the chairman is unable to make the appointment, by the Lord Chancellor.”

(3)In paragraph 17, for the reference to the Minister there shall be substituted a reference to the Lord Chancellor.

(4)Paragraph 18 shall cease to have effect.

Agricultural Holdings Act, 1948E+W+S

6—7E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

8E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

9E+W+SOn the appointed day, in section twenty-five—

(a)subsections (2) to (4) shall cease to have effect;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

10—11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

12E+W+SSection twenty-eight (which empowers the Minister to give the tenant of an agricultural holding, being a holding in respect of which a certificate of bad husbandry under section twenty-four of the Act of 1948 is in force, directions for securing that the holding does not further deteriorate before the termination of the tenancy) shall cease to have effect.

13E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

14—18E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

19E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

20, 21E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

E+W+S

22E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

E+W+S

23, 24E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

E+W+S

25E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Agriculture (Miscellaneous Provisions) Act, 1954E+W+S

26E+W+SIn section five, in subsection (1) (which empowers an Agricultural Land Tribunal to award costs against a person concerned in a reference to them who has acted frivolously, vexatiously or oppressively), after the word “reference” in each place where it occurs there shall be inserted the words “ or application ”.

27E+W+SIn section six—

(a)subsection (3) (which entitles the Minister to appear and be heard on a reference or application to the High Court in respect of a question of law arising in the course of proceedings before an Agricultural Land Tribunal) shall cease to have effect; and

(b)the power to make orders conferred by subsection (6) shall be exercisable by the Lord Chancellor and not by the Minister.

28E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Landlord and Tenant Act, 1954E+W+S

29E+W+SSubsection (1) of section forty-three shall have effect, and be deemed always to have had effect, as if, at the end of paragraph (a) thereof, there were inserted the words “ or a tenancy which would be a tenancy of an agricultural holding if the proviso to subsection (1) of section two of the Agricultural Holdings Act, 1948, did not have effect or, in a case where the approval of the Minister of Agriculture, Fisheries and Food was given as mentioned in the said subsection (1), if that approval has not been given ”.

Part IIE+W+S Scotland

Agriculture (Scotland) Act, 1948E+W+S

30Section thirty-six (which refers to special directions as to stockingof deer forests and grouse moors) shall cease to have effect.

31In the Third Schedule, in paragraph 1, the words “section twenty-nineor", and in paragraph 5 the words “subsection (4) of section thirty and" shall be omitted.

Agricultural Holdings (Scotland) Act, 1949E+W+S

32For section nine there shall be substituted the followingsection—

“9(1)Where under the lease of an agricultural holding, whether entered intobefore or after the commencment of this Act, provision is made for themaintainance of specified land, or a specified proportion of theholding, as permanent pasture, the landlord or tenant may, by noticein writing served on his tenant or landlord, demand a reference toarbitration under this Act of the question whether it is expedient inorder to secure the full and efficient farming of the holding that theamount of land required to be maintained as permanent pasture shouldbe reduced.

(2)On a reference under the foregoing subsection the arbiter may by hisaward—

(a)direct that the lease shall have effect subject to such modificationsof the provisiond thereof as to which is to be maintained as permanentpasture or is to be treated as arable land , and as to cropping, asmay be specified in that direction; and

(b)if he gives a direction reducing the area of land which under the leaseis to be maintained as permanent pasture, order that the lease shallhave effect as if it provided that on quiting the holdiing on thetermination of the tenancy the tenant should leave as permanentpasture, or should leave as temporary pasture sown with seeds mixtureof such kind as may be specified in the order, such area of land (inaddition to the area of land required by the lease, as modified by thedirection, to be maintained as permanent pasture) as may be sospecified, so however that the area required to be left as aforesaidshall not exceed the area by which the land required by the lease tobe maintained as permanent pasture has been reduced by virtue of thedirection.”

33In section twelve, in subsection (3) (which provides for a questionwhether a tenant has so execised his rights under subsection (!) ofthat section as to injure or deteriorate his holding to be determinedfor certain purposes by the Secretary of State) for the words from “determined by the Secretary of State" to “a certificate of the Secretaryof State" there shall be subsituted the words “determined byarbitration; and a certificate of the arbiter"; and in subsection (5)after the words “section nine of this Act" there shall be inserted thewords “or an arbiter has directed under the said section nine".

34In section twenty-four (which relates to the giving of notices toquit) in paragraph (a) of subsection (6) after the words “otherpurposes" there shall be inserted the words “(not being agriculturalpurposes)".

35On the appointed day, in section twenty-five—

(a)for references to the Secretary of State there shall be substituted references to the Land Court;

(b)paragraph (a) of subsection (2) shall cease to have effect; and

(c)at the end of paragraph (b) of subsection (2) there shall be added thewords “and it is stated in the notice that it is given by reason of thematter aforesaid".

36On the appointed day, in section twenty-six—

(a)subsections (2) to (4) shall cease to have effect;

(b)in subsection (5) the words “the Secretary of State or" in each placewhere they occur shall be omitted; and

(c)in subsection (6) for the reference to the Secretary of State there shall be substituted a reference to the Land Court.

37On the appointed day, for section twenty-seven there shall besubstituted the following section—

“27(1)An application by a landlord for the consent of the Land Court undersection twenty-five of this Act to the operation of a notice to quitshall be made within one month after service on the landlord by thetenant of a counter-notice requiring that subsection (1) of thatsection shall apply to the notice to quit.

(2)A tenant to whom has been given a notice to quit in connection withany question arises under subsection (2) of section twenty-five ofthis Act shall, if he requires such question to be determined byarbitraton under this Act, give notice to the landlord to that effectwithin one month after the notice to quit has been served on him; andwhere the award of the arbiter in an arbitraton so required is suchthat the provisions of subsection (1) of section twenty-five of thisAct would have applied to the notice to quit if a counter-notice hadbeen served within the period limited by that subsection the periodwithin which a counter-notice may be served under that subsectionshall be extended up to the expiratiopn of one month from the issue ofthe arbiter’s award.

(3)Where such an arbitration as is referred to in the last foregoingsubsection has been required by the tenant, or where an applicationhas been made to the Land Court for their consent to the operation ofa notice to quit, the operation of the notice to quit shall besuspended until the issue of the arbiter’s award or of the decision ofthe Land Court, as the case may be.

(4)Where the decision of the Land Court giving their consent to theoperation of a notice to quit, or the award of the arbiter in such anarbitration as is referred to in subsection (2) of this section, isissued at a date later than six months before the date on which thenotice to quit is expressed to take effect, the Land Court, onapplication made to them in that behalf at any time not later than onemonth after the issue of the decision or award aforesaid, may postponethe operation of the notice to quit for a period not exceeding twelvemonths.

(5)If the tenant of an agricultural holding recieves from the landlordnotice to quit the holding or a part thereof and in consequencethereof gives to a sub-tenant notice to quit that holding or part, theprovisions of subsection (1) of section twenty-five of this Act shallnot apply to the notice given to the sub-tenant; but if the notice toquit given to the tenant by the landlord does not have effect, thenotice to quit given as aforesaid by the tenant ot the sub-tenantshall not have effect.For the purposes of this subsection a notice toquit part of the holding which under the provisions of sectionthirty-three of this Act is accepted by the tenant as a notice to quitthe entire holding shall be treated as a notice to quit the holding.

(6)Where notice is served on the tenant of an agricultural holding toquit the holding or a part thereof, being a holding or part which issubject to a sub-tenancy, and the tenant serves on the landlord acounter-notice in accordance with the provisions of subsection (1) ofsection twenty-five of this Act, the tenant shall also serve on thesub-tenant notice in writing that he has served such counter-notice onthe landlord, and the sub-tenant shall be entitled to be a party toany proceedings before the Land Court for their consent to the noticeto quit.”

38On the appointed day, for section twenty-eight there shall besubstituted the following section—

For the purposes of paragraph (d) of subsection (2) of sectiontwenty-five of this Act, the landlord of an agricultutral holding mayapply to the Land Court for a certificate that the tenant is notfulfilling his responsibilities to farm in accordance with the rulesof good husbandry, and the Land Court, if satisfied that the tenant isnot fulfilling his said responsibilities, shall grant such acertificate.”

39Section twenty-nine (which empowers the Secretary of0 State to give tothe tenant of an agricultutral holding, being a holding in respect ofwhich a certificate of bad husbandry under section twenty-five of theScottish Act of 1949 is in force, directions for securing that theholding does not further deteriorate before the termination of thetenancy) shall cease to have effect.

40For section thirty there shall be substituted the followingsection—

“30 Penalty for breach of condition accompanying consent to notice toquit.

“30(1)Where, on giving consent under section twenty-five of this Act to the operation of a notice to quit an agricultural holding or part of anagricultural holding, the Land Court imposed a condition under section twenty-six of this Act for securing that the land to which the notice to quit related would be used for the purpose for which the landlord proposed to terminate the tenancy, and it is proved, on an application to the Land Court on behalf of the Crown—

(a)that the landlord has failed to comply with the condition within theperiod allowed thereby, or

(b)that the landlord has acted in contravention of the condition,

the Land Court may by order impose on the landlord a penalty of an amount not exceeding two years’ rent of the holding at the rate at which rent was payable immediatly before the termination of the tenancy, or, where the notice to quit related to a part only of theholding, of an amount not exceeding the proportion of the said two years’ rent which it appears to the Land Court is attributable to that part.

(2)A penalty imposed under this section shall be a debt due to the Crown and shall, when recovered, be paid into the Exchequer.”

41On the appointed day, in section fifty-two (which empowers the Secretary of State to approve the carrying out by the tenant of certain long-term improvements)—

(a)for references to the Secretary of State there shall be substituted references to the Land Court;

(b)in subsection (2) the words from “after giving notice" to “so to do", thewords from “after affording" to “appointed by the Secretary of State" andthe words from “and in either case" to the end of the subsection, shallbe omitted; and

(c)in subsection (4) the words from “after affording" to “appointed by theSecretary of State" shall be omitted.

42In section sixty-three, in subsection (1), for the words “paragraph(ii) of section nine" there shall be substituted the words “paragraph(b) of subsection (2) of section nine".

43On the appointed day, in section sixty-six (which empowers the Secretary of State to direct that, for the purposes of certain improvements to be carried out by the tenant, an agricultural holding shall be treated as a market garden)—

(a)for references to the Secretary of State there shall be substituted references to the Land Court; and

(b)in subsection (1) the words from “and after affording" to “appointed bythe Secretary of State" shall be omitted.

44On the appointed aday, sections seventy-one and seventy-two (whichrespectively provide for representations to the Secretary of State asto the taking of action by him, and for proposals as to such action tobe referred to the Land Court) shall cease to have effect.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951E+W+S

45On the appointed day in section twenty-one (as read with section twenty-four)—

(a)in subsections (2) and (3) for references to the Secretary of State there shall be substituted references to the Land Court;

(b)subsections (4) and (7) shall cease to have effect;

(c)in subsection (5) for paragraph (c) there shall be substituted thefollowing paragraph—

“(c)the Scottish Land Court has not before the beginning of this period ofresidence protection decided whether to give or withold consent to theoperation of the notice to quit”; and

(d)in subsection (6) the reference to section twenty-seven of the Scottish Act of 1949 shall be construed as a reference to that section as originally enacted and not as amended by this Act.

46On the appointed day, in section twenty-four, in paragraph (b), thewords from “for references to the Agricultural Land Tribunal" to “appealsthereto" and paragraph (c) shall be omitted.

F13F13SECOND SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14F14THIRD SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10.

FOURTH SCHEDULEE+W+S Transitional Provisions

1E+W+SWhere, by virtue of any provision of the First Schedule to this Act, any functions of the Minister under an enactment referred to in that provision fall to be exercised after the coming into operation thereof by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, anything done in the exercise of those functions, in so far as it has effect immediately before the coming into operation of that provision shall, subject to the provisions of this Schedule, continue to have effect thereafter as if done by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, as the case may be, under the said enactment as amended by this Act.

2E+W+SNotwithstanding the repeal by this Act of section fourteen of the Act of 1947—

(a)a direction given by the Minister under paragraph (a) of subsection (1) of that section which is in force immediately before the passing of this Act shall continue in force, and the provisions of the Act of 1947 applicable for the purposes of such a direction shall continue to apply for those purposes notwithstanding the repeal by this Act of any of those provisions;

(b)the right conferred on the Minister by subsection (5) of the said section fourteen to recover the reasonable cost of work carried out before the passing of this Act in the exercise of powers conferred by that subsection shall continue to be exercisable, and subsection (6) of that section shall continue to apply in relation to disputes as to the reasonable cost of such work; and

(c)the Second Schedule to the Act of 1947 shall continue to apply as respects a direction given under the said section fourteen.

3E+W+SNotwithstanding the repeal by this Act of section fifteen of the Act of 1947, subsection (6) of that section shall continue to have effect as respects the right of a tenant to compensation for an improvement carried out before the passing of this Act.

4(1)This paragraph shall apply where, immediately before the passing of this Act, the Minister was in possession of land under section eighteen of the Act of 1947.E+W+S

(2)In this paragraph—

• “the landlord” has the same meaning as in the said section eighteen;

• “the landlord’s agreement” means the agreement, if any, regulating the Minister’s possession of the land made between the Minister and the landlord under subsection (2) of the said section eighteen.

(3)The Minister shall be entitled to remain in possession of the land until the eleventh day of October, nineteen hundred and fifty-eight.

(4)If, immediately before the said eleventh day of October, the land is being farmed by a person entrusted by the Minister with the farming thereof (in this sub-paragraph referred to as “the farmer”) then, on that day—

(a)the farmer shall become the tenant of the land under a tenancy from year to year beginning on that day on such terms as may thereafter be agreed between the farmer and the landlord or as may, in default of agreement, be determined by arbitration under the Act of 1948; and

(b)the landlord’s agreement and the agreement regulating the farming of the land made between the Minister and the farmer under paragraph (b) of subsection (2) of the said section eighteen shall each determine as if the condition specified in paragraph (b) of subsection (5) of that section had been satisfied.

(5)If, immediately before the said eleventh day of October, the land is being farmed by a person acting under the direction of the Minister the landlord’s agreement shall determine on that day as if the landlord had served on the Minister a notice in writing under paragraph (a) of subsection (5) of the said section eighteen two months before that day.

(6)Notwithstanding the repeal by this Act of the said section eighteen, subsections (2) and (4) and (6) to (8) of that section shall continue to apply in relation to the land, so however that paragraph (b) of the said subsection (2) shall not apply in relation thereto.

5E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

6—8E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

9E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

10(1)Nothing in paragraph 5 of the First Schedule to this Act, shall affect the appointment of a chairman of an Agricultural Land Tribunal made before the passing of this Act or any proceedings before such a Tribunal commenced before the passing thereof.E+W+S

(2)A panel drawn up by the Lord Chancellor before the passing of this Act under paragraph 15 of the Ninth Schedule to the Act of 1947 shall be deemed for the purposes of proceedings commenced after the passing of this Act to have been drawn up under that paragraph as amended by paragraph 5 of the First Schedule to this Act.

11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

13E+W+SParagraphs 1 and 2, paragraphs 5 to 8 . . . F20 of this Schedule shall apply to Scotland, subject to the following modifications that is to say—

(a)in paragraph 1, for references to the Minister and to the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator there shall be substituted respectively references to the Secretary of State and to the Land Court or an arbiter;

(b)in paragraph 2, for references to the Minister, to the Act of 1947, to section fourteen of that Act, to paragraph (a) of subsection (1) and to subsections (5) and (6) of that section and to the Second Schedule to that Act, there shall be substituted respectively references to the Secretary of State, to the Scottish Act of 1948, to section twenty-nine of that Act, to paragraph (a) of subsection (1) or subsection (3) and to subsections (6) and (7) of that section and to the Third Schedule to that Act;

(c)in paragraph 5, for references to section eight of the Act of 1948, to the twenty- ninth day of September and to an arbitrator there shall be substituted respectively references to section seven of the Scottish Act of 1949, to the twenty-eighth day of November and to an arbiter;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

14E+W+SNotwithstanding the provisions of paragraph 37 of the First Schedule to this Act, the regulations made by the Secretary of State under section twenty-seven of the Scottish Act of 1949 in force immediately before the day appointed for the coming into operation of section three of this Act shall continue to have effect for the purposes of any proceedings consequent upon a notice to quit in a case where the tenant served on the landlord a counter-notice under subsection (1) of section twenty-five of that Act before that day.