Agricultural Holdings Act 1986

• (1) The provisions of this Act, except section 11 above, shall apply to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster and to land belonging to the Duchy of Cornwall, subject in either case to such modifications as may be prescribed.

• (2) For the purposes of this Act—

• (a) as respects land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other the proper officer or body having charge of the land for the time being, or, if there is no such officer or body, such person as Her Majesty may appoint in writing under the Royal Sign Manual, shall represent Her Majesty and shall be deemed to be the landlord,

• (b) as respects land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy shall represent Her Majesty and shall be deemed to be the landlord,

• (c) as respects land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or other the possessor for the time being of the Duchy of Cornwall appoints shall represent the Duke of Cornwall or other the possessor aforesaid, and shall be deemed to be the landlord and may do any act or thing which a landlord is authorised or required to do under this Act.

• (3) Without prejudice to subsection (1) above it is hereby declared that the provisions of this Act, except section 11 above, apply to land notwithstanding that the interest of the landlord or tenant is held on behalf of Her Majesty for the purposes of any government department; but those provisions shall, in their application to any land in which an interest is so held, have effect subject to such modifications as may be prescribed.

• (4) Any compensation payable under this Act by the Chancellor of the Duchy of Lancaster for long-term improvements shall, and any compensation so payable under section 60(2)(b) or 62 above may, be raised and paid as an expense incurred in improvement of land belonging to Her Majesty in right of the Duchy within section 25 of the Duchy of Lancaster Act 1817; and any compensation so payable under this Act for short-term improvements and tenant-right matters shall be paid out of the annual revenues of the Duchy.

• (5) Any compensation payable under this Act by the Duke of Cornwall or other the possessor for the time being of the Duchy of Cornwall for long-term improvements shall, and any compensation so payable under section 60(2)(b) or 62 above may, be paid and advances therefor made in the manner and subject to the provisions of section 8 of the Duchy of Cornwall Management Act 1863 with respect to improvements of land mentioned in that section.

• (6) Nothing in subsection (5) above shall be taken as prejudicing the operation of the Duchy of Cornwall Management Act 1982.

• (7) In this section—

• “long-term improvements” means relevant improvements specified in Schedule 7 to this Act, improvements falling within section 64(4) above and improvements specified in Schedule 10 to this Act;

• “short-term improvements and tenant-right matters” means relevant improvements specified in Part I of Schedule 8 to this Act and such matters as are specified in Part II of that Schedule.

Interpretation

96

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

• “agreement” includes an agreement arrived at by means of valuation or otherwise, and “agreed” has a corresponding meaning;

• “agricultural holding” has the meaning given by section 1 above;

• “agricultural land” has the meaning given by section 1 above;

• “agricultural unit” means land which is an agricultural unit for the purposes of the Agriculture Act 1947;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

• “building” includes any part of a building;

• “Case A”, “Case B” (and so on) refer severally to the Cases set out and so named in Part I of Schedule 3 to this Act;

• “contract of tenancy” has the meaning given by section 1 above;

• ...

• “fixed equipment” includes any building or structure affixed to land and any works on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or of its produce, or amenity, and any reference to fixed equipment on land shall be construed accordingly;

• “landlord” means any person for the time being entitled to receive the rents and profits of any land;

• “livestock” includes any creature kept for the production of food, wool, skins, or fur or for the purpose of its use in the farming of land or the carrying on in relation to land of any agricultural activity;

• “local government funds” means, in relation to any grant in respect of an improvement executed by the landlord or tenant of an agricultural holding, the funds of any body which, under or by virtue of any enactment, has power to make grants in respect of improvements of the description in question within any particular area (whether or not it is a local authority for that area);

• “the Minister” means—

• (a) in relation to England, the Secretary of State, and

• (b) in relation to Wales, the Secretary of State;

• “the model clauses” has the meaning given by section 7 above;

• “pasture” includes meadow;

• “prescribed” means prescribed by the Minister by regulations;

• “relevant improvement” has the meaning given by section 64(2) above;

• “tenant” means the holder of land under a contract of tenancy, and includes the executors, administrators, assigns, or trustee in bankruptcy of a tenant, or other person deriving title from a tenant;

• “termination”, in relation to a tenancy, means the cesser of the contract of tenancy by reason of effluxion of time or from any other cause;

• “third party” and “third party determination” have the meaning given by section 84A(4) above;

• “the Tribunal” means—where the agricultural holding (or the greater part of the holding) is in England, the First-tier Tribunal; andwhere the agricultural holding (or the greater part of the holding) is in Wales, the Agricultural Land Tribunal (see section 73 of the Agriculture Act 1947).

• (2) For the purposes of this Act, a tenant is insolvent if—

• (a) he has been made bankrupt or has made a composition or arrangement with his creditors, or

• (b) where the tenant is a body corporate, a winding-up order has been made with respect to it or a resolution for voluntary winding-up has been passed with respect to it (other than a resolution passed solely for the purposes of its reconstruction or of its amalgamation with another body corporate).

• (3) Sections 10 and 11 of the Agriculture Act 1947 (which specify the circumstances in which an owner of agricultural land is deemed for the purposes of that Act to fulfil his responsibilities to manage the land in accordance with the rules of good estate management and an occupier of such land is deemed for those purposes to fulfil his responsibilities to farm it in accordance with the rules of good husbandry) shall apply for the purposes of this Act.

• (4) References in this Act to the farming of land include references to the carrying on in relation to the land of any agricultural activity.

• (5) References in this Act to the use of land for agriculture include, in relation to land forming part of an agricultural unit, references to any use of the land in connection with the farming of the unit.

• (6) The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation.

Saving for other rights etc.

97

Subject to sections 15(5) and 83(1) above in particular, and to any other provision of this Act which otherwise expressly provides, nothing in this Act shall prejudicially affect any power, right or remedy of a landlord, tenant or other person vested in or exercisable by him by virtue of any other Act or law or under any custom of the country or otherwise, in respect of a contract of tenancy or other contract, or of any improvements, deteriorations, waste, emblements, tillages, away-going crops, fixtures, tax, rate, tithe rentcharge, rent or other thing.

Application of Act to old tenancies etc.

98

• (1) Subject to sections 4 and 34 above, to the provisions of Schedule 12 to this Act and to any other provision to the contrary, this Act applies in relation to tenancies of agricultural holdings whenever created, agreements whenever made and other things whenever done.

• (2) The provisions of this Act shall apply in relation to tenancies of agricultural holdings granted or agreed to be granted, agreements made and things done before the dates specified in paragraphs 1 to 5 and 10 of Schedule 12 to this Act (being dates no later than 1st March 1948) subject to the modifications there specified.

• (3) Paragraphs 6 to 9 of Schedule 12 to this Act, which make provision with respect to compensation for tenant-right matters in relation to tenants of agricultural holdings who entered into occupation before the dates specified in those paragraphs (being dates no later than 31st December 1951), shall have effect.

Transitional provisions and savings

99

• (1) Schedule 13 to this Act, which excepts from the operation of this Act certain cases current at the commencement of this Act and contains other transitional provisions and savings, shall have effect.

• (2) The re-enactment in paragraphs 6 to 8 of Schedule 12 to this Act of provisions contained in the Agricultural Holdings Act (Variation of Fourth Schedule) Order 1951 shall be without prejudice to the validity of those provisions; and any question as to the validity of any of those provisions shall be determined as if the re-enacting provisions of this Act were contained in a statutory instrument made under the powers under which the original provision was made.

• (3) Nothing in this Act (except paragraph 8 of Schedule 13) shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

Consequential amendments

100

Schedule 14 to this Act shall have effect.

Repeals and revocations

101

• (1) The enactments specified in Part I of Schedule 15 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (2) The instruments specified in Part II of Schedule 15 to this Act are hereby revoked to the extent specified in the third column of that Schedule.

Citation, commencement and extent

102

• (1) This Act may be cited as the Agricultural Holdings Act 1986.

• (2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

• (3) Subject to subsection (4) below, this Act extends to England and Wales only.

• (4) Subject to subsection (5) below and to paragraph 26(6) of Schedule 14 to this Act, the amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland shall also extend there.

• (5) Subsection (4) above does not apply to the amendment or repeal by this Act of section 9 of the Hill Farming Act 1946, section 48(4) of the Agriculture Act 1967 or an enactment contained in the Agriculture (Miscellaneous Provisions) Act 1968.

SCHEDULE 1

1

The names of the parties.

2

Particulars of the holding with sufficient description, by reference to a map or plan, of the fields and other parcels of land comprised in the holding to identify its extent.

3

The term or terms for which the holding or different parts of it is or are agreed to be let.

4

The rent reserved and the dates on which it is payable.

5

The incidence of the liability for rates (including drainage rates).

6

A covenant by the tenant in the event of the destruction by fire of harvested crops grown on the holding for consumption on it to return to the holding the full equivalent manurial value of the crops destroyed, in so far as the return of that value is required for the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry.

7

A covenant by the tenant (except where the interest of the tenant is held for the purposes of a government department or where the tenant has made provision approved by the Minister in lieu of such insurance) to insure against damage by fire all dead stock on the holding and all harvested crops grown on the holding for consumption on it.

8

A power for the landlord to re-enter on the holding in the event of the tenant not performing his obligations under the agreement.

9

A covenant by the tenant not to assign, sub-let or part with possession of the holding or any part of it without the landlord’s consent in writing.

SCHEDULE 2

Amount of rent

1

• (1) For the purposes of section 12 of this Act, the rent properly payable in respect of a holding shall be the rent at which the holding might reasonably be expected to be let by a prudent and willing landlord to a prudent and willing tenant, taking into account (subject to sub-paragraph (3) and paragraphs 2 and 3 below) all relevant factors, including (in every case) the terms of the tenancy (including those relating to rent), the character and situation of the holding (including the locality in which it is situated), the productive capacity of the holding and its related earning capacity, and the current level of rents for comparable lettings, as determined in accordance with sub-paragraph (3) below.

• (2) In sub-paragraph (1) above, in relation to the holding—

• (a) “productive capacity” means the productive capacity of the holding (taking into account fixed equipment and any other available facilities on the holding) on the assumption that it is in the occupation of a competent tenant practising a system of farming suitable to the holding, and

• (b) “related earning capacity” means the extent to which, in the light of that productive capacity, a competent tenant practising such a system of farming could reasonably be expected to profit from farming the holding.

• (3) In determining for the purposes of that sub-paragraph the current level of rents for comparable lettings, the arbitrator or (as the case may be) the third party shall take into account any available evidence with respect to the rents (whether fixed by agreement between the parties or by arbitration or third party determination under this Act) which are, or (in view of rents currently being tendered) are likely to become, payable in respect of tenancies of comparable agricultural holdings on terms (other than terms fixing the rent payable) similar to those of the tenancy under consideration, but shall disregard—

• (a) any element of the rents in question which is due to an appreciable scarcity of comparable holdings available for letting on such terms compared with the number of persons seeking to become tenants of such holdings on such terms,

• (b) any element of those rents which is due to the fact that the tenant of, or a person tendering for, any comparable holding is in occupation of other land in the vicinity of that holding that may conveniently be occupied together with that holding, and

• (c) any effect on those rents which is due to any allowances or reductions made in consideration of the charging of premiums.

2

• (1) On a reference under section 12 of this Act, the arbitrator or (as the case may be) the third party shall disregard any increase in the rental value of the holding which is due to—

• (a) tenant’s improvements or fixed equipment other than improvements executed or equipment provided under an obligation imposed on the tenant by the terms of his contract of tenancy, and

• (b) landlord’s improvements, in so far as the landlord has received or will receive grants out of money provided by Parliament or local government funds in respect of the execution of those improvements.

• (2) In this paragraph—

• (a) “tenant’s improvements” means any improvements which have been executed on the holding, in so far as they were executed wholly or partly at the expense of the tenant (whether or not that expense has been or will be reimbursed by a grant out of money provided by Parliament or local government funds) without any equivalent allowance or benefit made or given by the landlord in consideration of their execution,

• (b) “tenant’s fixed equipment” means fixed equipment provided by the tenant, and

• (c) “landlord’s improvements” means improvements executed on the holding by the landlord.

• (3) Where the tenant has held a previous tenancy of the holding, then—

• (a) in the definition of “tenant’s improvements” in sub-paragraph (2)(a) above, the reference to any such improvements as are there mentioned shall extend to improvements executed during that tenancy, and

• (b) in the definition of “tenant’s fixed equipment” in sub-paragraph (2)(b), the reference to such equipment as is there mentioned shall extend to equipment provided during that tenancy,

excluding, however, any improvement or fixed equipment so executed or provided in respect of which the tenant received any compensation on the termination of that (or any other) tenancy.

• (4) For the purposes of sub-paragraph (2)(a) above, the continuous adoption by the tenant of a system of farming more beneficial to the holding—

• (a) than the system of farming required by the contract of tenancy, or

• (b) in so far as no system is so required, than the system of farming normally practised on comparable agricultural holdings,

shall be treated as an improvement executed at his expense.

3

On a reference under section 12 of this Act the arbitrator or (as the case may be) the third party —

• (a) shall disregard any effect on the rent of the fact that the tenant who is a party to the arbitration or third party determination is in occupation of the holding, ...

• (aa) in a case where the tenant is, under an agreement in writing with the landlord, required to make payments in respect of improvements to the holding that are or are to be wholly or partly financed by the landlord, shall disregard any effect on the rent of—

• (i) the fact that the tenant is required to make such payments, and

• (ii) any benefit to the tenant arising from the improvements before the date on which the last of those payments falls to be made, and

• (b) shall not fix the rent at a lower amount by reason of any dilapidation or deterioration of, or damage to, buildings or land caused or permitted by the tenant.

Frequency of arbitrations under section 12

4

• (1) Subject to the following provisions of this Schedule, a notice under section 12(1) of this Act shall not be effective for the purposes of section 12 of this Act if the next termination date following the date of the notice falls earlier than the end of three years from any of the following dates, that is to say—

• (a) the commencement of the tenancy, or

• (b) the date as from which there took effect a previous increase or reduction of rent (whether made under that section or otherwise), or

• (c) the date as from which there took effect a previous direction of an arbitrator or third party under that section that the rent should continue unchanged.

• (2) The following shall be disregarded for the purposes of sub-paragraph (1)(b) above—

• (a) an increase of rent under section 6(3) or 8(4) of this Act;

• (b) an increase of rent under subsection (1) of section 13 of this Act or such an increase as is referred to in subsection (3) of that section, or any reduction of rent agreed between the landlord and the tenant of the holding in consequence of any change in the fixed equipment provided on the holding by the landlord;

• (c) a reduction of rent under section 33 of this Act;

• (d) an increase or reduction of rent arising from—

• (i) the exercise of an option to tax under Schedule 10 to the Value Added Tax Act 1994,

• (ii) the revocation of such an option, or

• (iii) a change in the rate of value added tax applicable to grants of interests in or rights over land in respect of which such an option has effect.

5

• (1) This paragraph applies in any case where a tenancy of an agricultural holding (“the new holding”) commences under a contract of tenancy between—

• (a) a person who immediately before the date of the commencement of the tenancy was entitled to a severed part of the reversionary estate in an agricultural holding (“the original holding”) in which the new holding was then comprised, and

• (b) the person who immediately before that date was the tenant of the original holding,

and where the rent payable in respect of the new holding at the commencement of the tenancy of that holding represents merely the appropriate portion of the rent payable in respect of the original holding immediately before the commencement of that tenancy.

• (2) In any case to which this paragraph applies—

• (a) paragraph (a) of sub-paragraph (1) of paragraph 4 above shall be read as referring to the commencement of the tenancy of the original holding, and

• (b) references to rent in paragraphs (b) and (c) of that sub-paragraph shall be read as references to the rent payable in respect of the original holding,

until the first occasion following the commencement of the tenancy of the new holding on which any such increase or reduction of, or direction with respect to, the rent of the new holding as is mentioned in paragraph (b) or (c) takes effect.

6

Where under an agreement between the landlord and the tenant of the holding (not being an agreement expressed to take effect as a new contract of tenancy between the parties) provision is made for adjustment of the boundaries of the holding or for any other variation of the terms of the tenancy, exclusive of those relating to rent, then, unless the agreement otherwise provides—

• (a) that provision shall for the purposes of sub-paragraph (1) of paragraph 4 above be treated as not operating to terminate the tenancy, and accordingly as not resulting in the commencement of a new contract of tenancy between the parties, and

• (b) any increase or reduction of rent solely attributable to any such adjustment or variation as aforesaid shall be disregarded for the purposes of paragraph (b) of that sub-paragraph.

SCHEDULE 3

Part I — The Cases

CASE A

The holding is let as a smallholding by a smallholdings authority or the Minister in pursuance of Part III of the Agriculture Act 1970 and was so let on or after 12th September 1984, and

and it is stated in the notice to quit that it is given by reason of the said matter.

CASE B

The notice to quit is given on the ground that the land is required for a use, other than for agriculture—

and that fact is stated in the notice.

CASE C

Not more than six months before the giving of the notice to quit, the Tribunal granted a certificate under paragraph 9 of Part II of this Schedule that the tenant of the holding was not fulfilling his responsibilities to farm in accordance with the rules of good husbandry, and that fact is stated in the notice.

CASE D

At the date of the giving of the notice to quit the tenant had failed to comply with a notice in writing served on him by the landlord, being either—

and it is stated in the notice to quit that it is given by reason of the said matter.

CASE E

At the date of the giving of the notice to quit the interest of the landlord in the agricultural holding had been materially prejudiced by the commission by the tenant of a breach, which was not capable of being remedied, of any term or condition of the tenancy that was not inconsistent with the tenant's responsibilities to farm in accordance with the rules of good husbandry, and it is stated in the notice that it is given by reason of the said matter.

CASE F

At the date of the giving of the notice to quit the tenant was a person who had become insolvent, and it is stated in the notice that it is given by reason of the said matter.

CASE G

The notice to quit is given—

and it is stated in the notice to quit that it is given by reason of that person's death.

CASE H

The notice to quit is given by the Minister and—

Part II — Supplementary Provisions Applicable to Cases A, B, C, D, E and G

Provisions applicable to Case A

1

Paragraphs 2 to 7 below have effect for determining whether, for the purposes of paragraph (b) of Case A, suitable alternative accommodation is or will be available for the tenant.

2

For the purposes of paragraph (b) of Case A, a certificate of the housing authority for the district in which the living accommodation in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

3

Where no such certificate as is mentioned in paragraph 2 above has been issued, accommodation shall be deemed to be suitable for the purposes of paragraph (b) of Case A if it consists of either—

• (a) premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy (within the meaning of the Rent Act 1977), or

• (b) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of that Act in the case of a protected tenancy, or

• (c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or

• (d) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.

and the accommodation fulfils the conditions in paragraph 4 below.

• (2) Any reference in sub-paragraph (1) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds 1 to 5 in Schedule 2 to the Housing Act 1988.

4

• (1) The accommodation must be reasonably suitable to the needs of the tenant’s family as regards proximity to place of work and either—

• (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any housing authority for persons whose needs as regards extent are similar to those of the tenant and his family, or

• (b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character.

• (2) For the purposes of sub-paragraph (1)(a) above, a certificate of a housing authority stating—

• (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and

• (b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

• (3) If any furniture was provided by the landlord for use under the tenancy in question, furniture must be provided for use in the alternative accommodation which is either—

• (a) similar to that so provided, or

• (b) reasonably suitable to the needs of the tenant and his family.

5

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985.

6

Any document purporting—

• (a) to be a certificate of a housing authority named in it issued for the purposes of this Schedule, and

• (b) to be signed by the proper officer of the authority,

shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

7

• (1) In paragraphs 2, 4 and 6 above “housing authority”, and “district” in relation to such an authority, mean a local housing authority and their district within the meaning of the Housing Act 1985.

• (2) For the purposes of paragraphs 4 and 5 a dwelling-house may be a house or part of a house.

Provisions applicable to Case B

8

• (1) For the purposes of Case B no account shall be taken of any permission granted as mentioned in paragraph (a) of that Case if the permission—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) relates to the working of coal by opencast operations, and

• (c) was granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture or use for forestry.

• (2) In this paragraph “restoration condition” and “aftercare condition” have the meaning given by section 336(1) of the Town and Country Planning Act 1990.

Provisions applicable to Case C

9

• (1) For the purposes of Case C the landlord of an agricultural holding may apply to the Tribunal for a certificate that the tenant is not fulfilling his responsibilities to farm in accordance with the rules of good husbandry; and the Tribunal, if satisfied that the tenant is not fulfilling his said responsibilities, shall grant such a certificate.

• (2) In determining whether to grant a certificate under this paragraph the Tribunal shall disregard any practice adopted by the tenant in pursuance of any provision of the contract of tenancy, or of any other agreement with the landlord, which indicates (in whatever terms) that its object is the furtherance of one or more of the following purposes, namely—

• (a) the conservation of flora or fauna or of geological or physiographical features of special interest;

• (b) the protection of buildings or other objects of archaeological, architectural or historic interest;

• (c) the conservation or enhancement of the natural beauty or amenity of the countryside or the promotion of its enjoyment by the public.

• (3) In determining whether to grant a certificate under this paragraph, the tribunal shall disregard any practice adopted by the tenant in compliance with any obligation accepted by or imposed on the tenant under section 94 or 95 of the Water Resources Act 1991

Provisions applicable to Case D

10

• (1) For the purposes of Case D—

• (a) a notice such as that mentioned in paragraph (a) or (b) of that Case must be in the prescribed form,

• (b) where such a notice in the prescribed form requires the doing of any work of repair, maintenance or replacement, any further notice requiring the doing of any such work which is served on the tenant less than twelve months after the earlier notice shall be disregarded unless the earlier notice was withdrawn with his agreement in writing,

• (c) a period of less than six months shall not be treated as a reasonable period within which to do any such work, and

• (d) any provision such as is mentioned in paragraph 9(2) above shall (if it would not otherwise be so regarded) be regarded as a term or condition of the tenancy which is not inconsistent with the tenant’s responsibilities to farm in accordance with the rules of good husbandry.

• (2) Different forms may be prescribed for the purpose of paragraph (b) of Case D in relation to different circumstances.

• (3) For the purposes of that Case compliance with any obligation accepted by or imposed on the tenant under section 94 or 95 of the Water Resources Act 1991 shall not be capable of constituting a breach by the tenant of the terms or conditions of his tenancy.

Provisions applicable to Case E

11

• (1) Where—

• (a) the landlord is a smallholdings authority, or

• (b) the landlord is the Minister and the holding is on land held by him for the purposes of smallholdings,

then, in considering whether the interest of the landlord has been materially prejudiced as mentioned in Case E, regard shall be had to the effect of the breach in question not only on the holding itself but also on the carrying out of the arrangements made by the smallholdings authority or the Minister (as the case may be) for the letting and conduct of smallholdings.

• (2) For the purposes of Case E any provision such as is mentioned in paragraph 9(2) above shall (if it would not otherwise be so regarded) be regarded as a term or condition of the tenancy which is not inconsistent with the tenant’s responsibilities to farm in accordance with the rules of good husbandry.

• (3) For the purposes of that Case compliance with any obligation accepted by or imposed on the tenant under section 94 or 95 of the Water Resources Act 1991shall not be capable of constituting a breach by the tenant of the terms or conditions of his tenancy.

Provisions applicable to Case G

12

For the purposes of Case G—

• (a) “tenant” does not include an executor, administrator, trustee in bankruptcy or other person deriving title from a tenant by operation of law, and

• (b) the reference to the date of any relevant notice shall be construed as a reference—

• (i) to the date on which a notice in writing was served on the landlord by or on behalf of an executor or administrator of the tenant’s estate informing the landlord of the tenant’s death or the date on which the landlord was given notice by virtue of section 40(5) of this Act of any application with respect to the holding under section 39 or 41, or

• (ii) where both of those events occur, to the date of whichever of them occurs first.

SCHEDULE 4

1

Requiring any question arising under the provisions of section 26(2) of, and Schedule 3 to, this Act to be determined by arbitration under this Act.

2

Limiting the time within which any such arbitration may be required or within which an arbitrator may be appointed by agreement between the parties, or (in default of such agreement) an application may be made under section 84(2) of this Act for the appointment of an arbitrator, for the purposes of any such arbitration.

3

Extending the period within which a counter-notice may be given by the tenant under section 26(1) of this Act where any such arbitration is required.

4

Suspending the operation of notices to quit until the expiry of any time fixed in pursuance of paragraph 2 above for the making of any such appointment by agreement or application as is there mentioned or, where any such appointment or application has been duly made, until the termination of any such arbitration.

5

Postponing the date at which a tenancy is to be terminated by a notice to quit which has effect in consequence of any such arbitration or of an application under section 26(1) or 28(2) of this Act or under provisions made by virtue of paragraph 12 below.

6

Excluding the application of section 26(1) of this Act in relation to sub-tenancies in such cases as may be specified in the order.

7

Making such provision as appears to the Lord Chancellor expedient for the purpose of safeguarding the interests of sub-tenants including provision enabling the Tribunal, where the interest of a tenant is terminated by notice to quit, to secure that a sub-tenant will hold from the landlord on the like terms as he held from the tenant.

8

The determination by arbitration under this Act of any question arising under such a notice as is mentioned in paragraph (b) of Case D, being a notice requiring the doing of any work of repair, maintenance or replacement (including the question whether the notice is capable of having effect for the purposes of that Case).

9

Enabling the arbitrator, on an arbitration under this Act relating to such a notice as is mentioned in paragraph 8 above, to modify the notice—

• (a) by deleting any item or part of an item of work specified in the notice as to which, having due regard to the interests of good husbandry as respects the agricultural holding to which the notice relates and of sound management of the estate of which that holding forms part or which that holding constitutes, the arbitrator is satisfied that it is unnecessary or unjustified, or

• (b) by substituting, in the case of any item or part of an item of work so specified, a different method or material for the method or material which the notice would otherwise require to be followed or used where, having regard to the purpose which that item or part is intended to achieve, the arbitrator is satisfied that—

• (i) the last-mentioned method or material would involve undue difficulty or expense,

• (ii) the first-mentioned method or material would be substantially as effective for the purpose, and

• (iii) in all the circumstances the substitution is justified.

10

Enabling the time within which anything is to be done in pursuance of such a notice as is mentioned in paragraph (b) of Case D to be extended or to be treated as having been extended.

11

Enabling a tenancy, in a case where that time is extended, to be terminated either by a notice to quit served less than twelve months before the date on which it is to be terminated, or at a date other than the end of a year of the tenancy, or both by such a notice and at such a date.

12

Securing that, where a subsequent notice to quit is given in accordance with provisions made by virtue of paragraph 11 above in a case where the original notice to quit fell within section 28(1) of this Act, then, if the tenant serves on the landlord a counter-notice in writing within one month after the giving of the subsequent notice to quit (or, if the date specified in that notice for the termination of the tenancy is earlier, before that date), the subsequent notice to quit shall not have effect unless the Tribunal consent to its operation, and applying section 28(5) of this Act as regards the giving of that consent.

13

The recovery by a tenant of the cost of any work which is done by him in compliance with a notice requiring him to do it, but which is found by arbitration under this Act to be work which he was not under an obligation to do.

SCHEDULE 5

1

In this Schedule—

• “the 1951 Act” means the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

• “period of residence protection” in the case of a service man who performs a period of relevant service, other than a short period of training, means the period comprising that period of service and the four months immediately following the date on which it ends;

• “relevant service” means service (as defined in section 64(1) of the 1951 Act) of a description specified in Schedule 1 to that Act;

• “service man” means a man or woman who performs a period of relevant service;

• “short period of training” has the meaning given by section 64(1) of the 1951 Act.

2

• (1) Paragraph 3 below shall have effect where—

• (a) the tenant of an agricultural holding to which this Schedule applies performs a period of relevant service, other than a short period of training, and

• (b) during his period of residence protection there is given to him—

• (i) notice to quit the holding, or

• (ii) notice to quit a part of it to which this Schedule applies.

• (2) This Schedule applies to—

• (a) any agricultural holding which comprises such a dwelling-house as is mentioned in section 10 of the Rent Act 1977, that is to say a dwelling-house occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, and

• (b) any part of an agricultural holding, being a part which consists of or comprises such a dwelling-house.

3

• (1) Section 26(1) of this Act shall apply notwithstanding the existence of any such circumstances as are mentioned in Cases B to G; but where the Tribunal are satisfied that such circumstances exist, then, subject to sub-paragraph (2) below, the Tribunal shall not be required to withhold their consent to the operation of the notice to quit by reason only that they are not satisfied that circumstances exist such as are mentioned in paragraphs (a) to (f) of section 27(3) of this Act.

• (2) In determining whether to give or withhold their consent under section 26 of this Act the Tribunal—

• (a) if satisfied that circumstances exist such as are mentioned in Cases B to G or in section 27(3) of this Act, shall consider to what extent (if at all) the existence of those circumstances is directly or indirectly attributable to the service man’s performing or having performed the period of service in question, and

• (b) in any case, shall consider to what extent (if at all) the giving of such consent at a time during the period of protection would cause special hardship in view of circumstances directly or indirectly attributable to the service man’s performing or having performed that period of service,

and the Tribunal shall withhold their consent to the operation of the notice to quit unless in all the circumstances they consider it reasonable to give their consent.

4

Where the tenant of an agricultural holding to which this Schedule applies performs a period of relevant service, other than a short period of training, and—

• (a) a notice to quit the holding, or a part of it to which this Schedule applies, is given to him before the beginning of his period of residence protection, and

• (b) the tenant duly serves a counter-notice under section 26(1) of this Act, and

• (c) the Tribunal have not before the beginning of his period of residence protection decided whether to give or withhold consent to the operation of the notice to quit,

paragraph 3(2) above shall (with the necessary modifications) apply in relation to the giving or withholding of consent to the operation of the notice to quit as it applies in relation to the giving or withholding of consent to the operation of a notice to quit given in the circumstances mentioned in paragraph 2(1) above.

5

The Lord Chancellor’s power under section 29 of this Act to provide for the matters specified in paragraphs 1 to 7 of Schedule 4 to this Act shall apply in relation to the provisions of sections 26 and 27 of this Act as modified by the preceding provisions of this Schedule as they apply in relation to the provisions of those sections apart from this Schedule.

6

• (1) The Lord Chancellor may make regulations—

• (a) for enabling a counter-notice under section 26(1) of this Act to be served on behalf of a service man at a time when he is serving abroad, in a case where a notice to quit is given to him as mentioned in paragraph 2(1) above, and

• (b) for enabling an act or proceedings consequential upon the service of a counter-notice under section 26(1) to be performed or conducted on behalf of a service man at a time when he is serving abroad, either in such a case as is mentioned in paragraph (a) above or in a case where paragraph 4 above applies in relation to him.

• (2) References in sub-paragraph (1) above to a time when a service man is serving abroad are references to a time when he is performing a period of relevant service and is outside the United Kingdom.

• (3) Regulations under this paragraph may contain such incidental and consequential provisions as appear to the Lord Chancellor to be necessary or expedient for the purposes of the regulations.

SCHEDULE 6

Part I — “Eligible Person”: Supplementary Provisions

Preliminary

1

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

The livelihood condition

2

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

Commercial unit of agricultural land

3

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

4

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

Ministerial statements as to net annual income of land

5

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

Occupation to be disregarded for purposes of occupancy condition

6

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

Joint occupation

7

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

Deemed occupation in case of Tribunal direction

8

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

Occupation by spouse , civil partner or controlled company

9

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

Deemed occupation in case of tenancy or licence granted by close relative, spouse , civil partner or controlled company

10

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

PART II — Modifications of Part I of this Schedule in its Application to Succession on Retirement

11

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

12

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

13

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

14

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

15

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

16

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

SCHEDULE 7

Part I — Improvements to which Consent of Landlord Required

1

Making or planting of osier beds.

2

Making of water meadows.

3

Making of watercress beds.

4

Planting of hops.

5

Planting of orchards or fruit bushes.

6

Warping or weiring of land.

7

Making of gardens.

8

Provision of underground tanks.

Part II — Improvements to which Consent of Landlord or Approval of Tribunal Required

9

Erection, alteration or enlargement of buildings, and making or improvement of permanent yards.

10

Carrying out works in compliance with an improvement notice served, or an undertaking accepted, under Part VII of the Housing Act 1985 or Part VIII of the Housing Act 1974.

11

Erection or construction of loading platforms, ramps, hard standings for vehicles or other similar facilities.

12

Construction of silos.

13

Claying of land.

14

Marling of land.

15

Making or improvement of roads or bridges.

16

Making or improvement of water courses, culverts, ponds, wells or reservoirs, or of works for the application of water power for agricultural or domestic purposes or of works for the supply, distribution or use of water for such purposes (including the erection or installation of any structures or equipment which form part of or are to be used for or in connection with operating any such works).

17

Making or removal of permanent fences.

18

Reclaiming of waste land.

19

Making or improvement of embankments or sluices.

20

Erection of wirework for hop gardens.

21

Provision of permanent sheep-dipping accommodation.

22

Removal of bracken, gorse, tree roots, boulders or other like obstructions to cultivation.

23

Land drainage (other than improvements falling within paragraph 1 of Schedule 8 to this Act).

24

Provision or laying-on of electric light or power.

25

Provision of facilities for the storage or disposal of sewage or farm waste.

26

Repairs to fixed equipment, being equipment reasonably required for the proper farming of the holding, other than repairs which the tenant is under an obligation to carry out.

27

The grubbing up of orchards or fruit bushes.

28

Planting trees otherwise than as an orchard and bushes other than fruit bushes.

SCHEDULE 8

Part I — Improvements (to which no Consent Required)

1

Mole drainage and works carried out to secure its efficient functioning.

2

Protection of fruit trees against animals.

3

Clay burning.

4

Liming (including chalking) of land.

5

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

6

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

Part II — Tenant-Right Matters

7

Growing crops and severed or harvested crops and produce, being in either case crops or produce grown on the holding in the last year of tenancy, but not including crops or produce which the tenant has a right to sell or remove from the holding.

8

Seeds sown and cultivations, fallows and acts of husbandry performed on the holding at the expense of the tenant (including the growing of herbage crops for commercial seed production).

9

Pasture laid down with clover, grass, lucerne, sainfoin or other seeds, being either—

• (a) pasture laid down at the expense of the tenant otherwise than in compliance with an obligation imposed on him by an agreement in writing to lay it down to replace temporary pasture comprised in the holding when the tenant entered on the holding which was not paid for by him, or

• (b) pasture paid for by the tenant on entering on the holding.

10

• (1) Acclimatisation, hefting or settlement of hill sheep on hill land.

• (2) In this paragraph—

• “hill sheep” means sheep which—

• (a) have been reared and managed on a particular hill or mountain,

• (b) have developed an instinct not to stray from the hill or mountain,

• (c) are able to withstand the climatic conditions typical of the hill or mountain, and

• (d) have developed resistance to diseases which are likely to occur in the area in which the hill or mountain is situated;

11

• (1) In areas of the country where arable crops can be grown in an unbroken series of not less than six years and it is reasonable that they should be grown on the holding or part of it, the residual fertility value of the sod of the excess qualifying leys on the holding, if any.

• (2) For the purposes of this paragraph—

• (a) the growing of an arable crop includes the growing of clover, grass, lucerne, sainfoin or other seeds grown for a period of less than one year but does not include the laying down of a ley continuously maintained as such for more than one year,

• (b) the qualifying leys comprising the excess qualifying leys shall be those indicated to be such by the tenant, and

• (c) qualifying leys laid down at the expense of the landlord without reimbursement by the tenant or any previous tenant of the holding or laid down by and at the expense of the tenant pursuant to agreement by him with the landlord for the establishment of a specified area of leys on the holding as a condition of the landlord giving consent to the ploughing or other destruction of permanent pasture or pursuant to a direction given by an arbitrator on a reference under section 14(2) of this Act, shall not be included in the excess qualifying leys.

• (3) In this paragraph—

• “leys” means land laid down with clover, grass, lucerne, sainfoin or other seeds, but does not include permanent pasture;

• “qualifying leys” means—

• (a) leys continuously maintained as such for a period of three or more growing seasons since being laid down excluding, if the leys were undersown or autumn-sown, the calendar year in which the sowing took place, and

• (b) arable land which within the three growing seasons immediately preceding the termination of the tenancy was ley continuously maintained as aforesaid before being destroyed by ploughing or some other means for the production of a tillage crop or crops;

and for the purpose of paragraph (a) above the destruction of a ley (by ploughing or some other means) followed as soon as practicable by re-seeding to a ley without sowing a crop in the interval between such destruction and such re-seeding shall be treated as not constituting a break in the continuity of the maintenance of the ley;

• “the excess qualifying leys” means the area of qualifying leys on the holding at the termination of the tenancy which is equal to the area (if any) by which one-third of the aggregate of the areas of leys on the holding on the following dates, namely,

• (a) at the termination of the tenancy,

• (b) on the date one year prior to such termination, and

• (c) on the date two years prior to such termination,

• exceeds the accepted proportion at the termination of the tenancy;

• “the accepted proportion” means the area which represents the proportion which the total area of the leys on the holding would, taking into account the capability of the holding, be expected to bear to the area of the holding, excluding the permanent pasture on the holding, or, if a greater proportion is provided for by or under the terms of the tenancy, that proportion.

SCHEDULE 9

Part I — Tenant’s Right to Compensation for Old Improvements

1

• (1) The tenant of an agricultural holding shall, subject to the provisions of this Act, be entitled on the termination of the tenancy, on quitting the holding, to obtain from his landlord compensation for an improvement specified in Part II of this Schedule carried out on the holding by the tenant, being an improvement begun before 1st March 1948.

• (2) Improvements falling within sub-paragraph (1) above are in this Schedule referred to as “old improvements”.

• (3) The tenant of an agricultural holding shall not be entitled to compensation under this Schedule for an improvement which he was required to carry out by the terms of his tenancy where the contract of tenancy was made before 1st January 1921.

• (4) Nothing in this Schedule shall prejudice the right of a tenant to claim any compensation to which he may be entitled under custom or agreement, or otherwise, in lieu of any compensation provided by this Schedule.

• (5) The tenant of an agricultural holding shall not be entitled to compensation under this Schedule for an old improvement made on land which, at the time when the improvement was begun, was not a holding within the meaning of the Agricultural Holdings Act 1923, as originally enacted, and would not have fallen to be treated as such a holding by virtue of section 33 of that Act.

2

• (1) The amount of any compensation under this Schedule for an old improvement shall be an amount equal to the increase attributable to the improvement in the value of the agricultural holding as a holding, having regard to the character and situation of the holding and the average requirements of tenants reasonably skilled in husbandry.

• (2) In the ascertainment of the amount of the compensation payable under this Schedule to the tenant of an agricultural holding in respect of an old improvement, there shall be taken into account any benefit which the landlord has given or allowed to the tenant in consideration of the tenant’s executing the improvement, whether expressly stated in the contract of tenancy to be so given or allowed or not.

3

• (1) Compensation under this Schedule shall not be payable for an old improvement specified in any of paragraphs 1 to 15 of Part II of this Schedule unless, before the execution of the improvement, the landlord consented in writing (whether unconditionally or upon terms as to compensation or otherwise agreed between him and the tenant) to the execution of the improvement.

• (2) Where the consent was given upon agreed terms as to compensation, compensation payable under the agreement shall be substituted for compensation under this Schedule.

4

• (1) Compensation under this Schedule shall not be payable for an old improvement consisting of that specified in paragraph 16 of Part II of this Schedule unless the tenant gave to the landlord, not more than three nor less than two months before beginning to execute the improvement, notice in writing under section 3 of the Agricultural Holdings Act 1923 of his intention to execute the improvement and of the manner in which he proposed to execute it, and—

• (a) the landlord and tenant agreed on the terms on which the improvement was to be executed, or

• (b) in a case where no agreement was reached and the tenant did not withdraw the notice, the landlord failed to exercise the right conferred on him by that section to execute the improvement himself within a reasonable time.

• (2) Subsection (1) above shall not have effect if the landlord and tenant agreed, by the contract of tenancy or otherwise, to dispense with notice under the said section 3.

• (3) If the landlord and tenant agreed (whether after notice was given under the said section 3 or by an agreement to dispense with notice under that section) upon terms as to compensation upon which the improvement was to be executed, compensation payable under the agreement shall be substituted for compensation under this Schedule.

5

• (1) Where the tenant of an agricultural holding has remained in the holding , or in any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding, during two or more tenancies, he shall not be deprived of his right to compensation under this Schedule in respect of old improvements by reason only that the improvements were made during a tenancy other than the one at the termination of which he quits the holding.

• (1A) Where this Act applies in relation to any tenancy referred to in subsection (1) above by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in that subsection to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.

• (2) Where, on entering into occupation of an agricultural holding, the tenant, with the consent in writing of his landlord, paid to an outgoing tenant any compensation payable under or in pursuance of this Schedule (or the Agricultural Holdings Act 1948 or the Agricultural Holdings Act 1923) in respect of the whole or part of an old improvement, he shall be entitled, on quitting the holding, to claim compensation for the improvement or part in the same manner, if at all, as the outgoing tenant would have been entitled if the outgoing tenant had remained tenant of the holding and quitted it at the time at which the tenant quits it.

Part II — Old Improvements for which Compensation is Payable

1

Erection, alteration or enlargement of buildings.

2

Formation of silos.

3

Making and planting of osier beds.

4

Making of water meadows or works of irrigation.

5

Making of gardens.

6

Making or improvement of roads or bridges.

7

Making or improvement of watercourses, ponds, wells or reservoirs or of works for the application of water power or for supply of water for agricultural or domestic purposes.

8

Making or removal of permanent fences.

9

Planting of hops.

10

Planting of orchards or fruit bushes.

11

Reclaiming of waste land.

12

Warping or weiring of land.

13

Embankments and sluices against floods.

14

Erection of wirework in hop gardens.

15

Provision of permanent sheep-dipping accommodation.

16

Drainage.

SCHEDULE 10

1

Planting of standard or other fruit trees permanently set out.

2

Planting of fruit bushes permanently set out.

3

Planting of strawberry plants.

4

Planting of asparagus, rhubarb and other vegetable crops which continue productive for two or more years.

5

Erection, alteration or enlargement of buildings for the purpose of the trade or business of a market gardener.

SCHEDULE 11

Appointment and remuneration of arbitrator

1

• (1) The arbitrator shall be a person appointed by agreement between the parties or, in default of agreement, a person appointed on the application of either of the parties by the President of the Royal Institution of Chartered Surveyors (referred to in this Schedule as “the President”) from among the members of the panel constituted for the purposes of this paragraph.

• (2) No application may be made to the President for an arbitrator to be appointed by him under this paragraph unless the application is accompanied by such fee as may be prescribed as the fee for such an application; but once the fee has been paid in connection with any such application no further fee shall be payable in connection with any subsequent application for the President to exercise any function exercisable by him in relation to the arbitration by virtue of this Schedule (including an application for the appointment by him in an appropriate case of a new arbitrator).

• (3) Any such appointment by the President shall be made by him as soon as possible after receiving the application; but where the application is referable to a demand for arbitration made under section 12 of this Act any such appointment shall in any event not be made by him earlier than four months before the next termination date following the date of the demand (as defined by subsection (4) of that section).

• (4) A person appointed by the President as arbitrator shall, where the arbitration relates to an agricultural holding in Wales, be a person who possesses a knowledge of Welsh agricultural conditions, and, if either party to the arbitration so requires, a knowledge also of the Welsh language.

• (5) For the purposes of this Schedule there shall be constituted a panel consisting of such number of persons as the Lord Chancellor may determine, to be appointed by him.

• (6) A member of the panel constituted for the purposes of this Schedule shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).

2

If the arbitrator dies, or is incapable of acting, or for seven days after notice from either party requiring him to act fails to act, a new arbitrator may be appointed as if no arbitrator had been appointed.

3

In relation to an arbitrator who is appointed in place of another arbitrator (whether under paragraph 2 above or otherwise) the reference in section 12(2) of this Act to the date of the reference shall be construed as a reference to the date when the original arbitrator was appointed.

4

Neither party shall have power to revoke the appointment of the arbitrator without the consent of the other party; and his appointment shall not be revoked by the death of either party.

5

Every appointment, application, notice, revocation and consent under the foregoing paragraphs must be in writing.

6

The remuneration of the arbitrator shall be—

• (a) where he is appointed by agreement between the parties, such amount as may be agreed upon by him and the parties or, in default of agreement, fixed by the registrar of the county court (subject to an appeal to the judge of the court) on an application made by the arbitrator or either of the parties,

• (b) where he is appointed by the President, such amount as may be agreed upon by the arbitrator and the parties or, in default of agreement, fixed by the President,

and shall be recoverable by the arbitrator as a debt due from either of the parties to the arbitration.

Conduct of proceedings and witnesses

7

The parties to the arbitration shall, within thirty-five days from the appointment of the arbitrator, deliver to him a statement of their respective cases with all necessary particulars and—

• (a) no amendment or addition to the statement or particulars delivered shall be allowed after the expiry of the said thirty-five days except with the consent of the arbitrator,

• (b) a party to the arbitration shall be confined at the hearing to the matters alleged in the statement and particulars delivered by him and any amendment or addition duly made.

8

The parties to the arbitration and all persons claiming through them respectively shall, subject to any legal objection, submit to be examined by the arbitrator, on oath or affirmation, in relation to the matters in dispute and shall, subject to any such objection, produce before the arbitrator all samples and documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings the arbitrator may require.

9

Witnesses appearing at the arbitration shall, if the arbitrator thinks fit, be examined on oath or affirmation, and the arbitrator shall have power to administer oaths to, or to take the affirmation of, the parties and witnesses appearing.

10

The provisions of county court rules as to the issuing of witness summonses shall, subject to such modifications as may be prescribed by such rules, apply for the purposes of the arbitration as if it were an action or matter in the county court.

11

• (1) Subject to sub-paragraphs (2) and (3) below, any person who—

• (a) having been summoned in pursuance of county court rules as a witness in the arbitration refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced, or

• (b) having been so summoned or being present at the arbitration and being required to give evidence, refuses to be sworn or give evidence,

shall forfeit such fine as the judge of the county court may direct.

• (2) A judge shall not have power under sub-paragraph (1) above to direct that a person shall forfeit a fine of an amount exceeding £10.

• (3) No person summoned in pursuance of county court rules as a witness in the arbitration shall forfeit a fine under this paragraph unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed by county court rules, compensation for loss of time) as may be so prescribed for the purposes of section 55 of the County Courts Act 1984.

• (4) The judge of the county court may at his discretion direct that the whole or any part of any such fine, after deducting costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.

12

• (1) Subject to sub-paragraph (2) below, the judge of the county court may, if he thinks fit, upon application on affidavit by either party to the arbitration, issue an order under his hand for bringing up before the arbitrator any person (in this paragraph referred to as a “prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the arbitration.

• (2) No such order shall be made with respect to a person confined under process in any civil action or matter.

• (3) Subject to sub-paragraph (4) below, the prisoner mentioned in any such order shall be brought before the arbitrator under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness.

• (4) The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the place where the arbitration is held.

13

The High Court may order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before the arbitrator, if the prisoner is confined in any prison under process in any civil action or matter.

Award

14

• (1) Subject to sub-paragraph (2) below, the arbitrator shall make and sign his award within fifty-six days of his appointment.

• (2) The President may from time to time enlarge the time limited for making the award, whether that time has expired or not.

15

The arbitrator may if he thinks fit make an interim award for the payment of any sum on account of the sum to be finally awarded.

16

The arbitrator shall—

• (a) state separately in the award the amounts awarded in respect of the several claims referred to him, and

• (b) on the application of either party, specify the amount awarded in respect of any particular improvement or any particular matter the subject of the award.

17

Where by virtue of this Act compensation under an agreement is to be substituted for compensation under this Act for improvements or for any such matters as are specified in Part II of Schedule 8 to this Act, the arbitrator shall award compensation in accordance with the agreement instead of in accordance with this Act.

18

The award shall fix a day not later than one month after the delivery of the award for the payment of the money awarded as compensation, costs or otherwise.

19

The award shall be final and binding on the parties and the persons claiming under them respectively.

20

The arbitrator shall have power to correct in the award any clerical mistake or error arising from any accidental slip or omission.

Reasons for award

21

Section 10 of the Tribunals and Inquiries Act 1992 (reasons to be given for decisions of tribunals etc.) shall apply in relation to the award of an arbitrator appointed under this Schedule by agreement between the parties as it applies in relation to the award of an arbitrator appointed under this Schedule otherwise than by such agreement.

Interest on awards

22

Any sum directed to be paid by the award shall, unless the award otherwise directs, carry interest as from the date of the award and at the same rate as that specified in section 17 of the Judgments Act 1838 at the date of the award.

Costs

23

The cost of, and incidental to, the arbitration and award shall be in the discretion of the arbitrator who may direct to and by whom and in what manner the costs, or any part of the costs, are to be paid.

24

On the application of either party, any such costs shall be taxable in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the arbitrator under paragraph 23 above, or, in the absense of any such direction, by the county court.

25

• (1) The arbitrator shall, in awarding costs, take into consideration—

• (a) the reasonableness or unreasonableness of the claim of either party, whether in respect of amount or otherwise,

• (b) any unreasonable demand for particulars or refusal to supply particulars, and

• (c) generally all the circumstances of the case.

• (2) The arbitrator may disallow the costs of any witness whom he considers to have been called unnecessarily and any other costs which he considers to have been unnecessarily incurred.

Special case, setting aside award and remission

26

The arbitrator may, at any stage of the proceedings, and shall, upon a direction in that behalf given by the judge of the county court upon an application made by either party, state in the form of a special case for the opinion of the county court any question of law arising in the course of the arbitration and any question as to the jurisdiction of the arbitrator.

27

• (1) Where the arbitrator has misconducted himself, the county court may remove him.

• (2) Where the arbitrator has misconducted himself, or an arbitration or award has been improperly procured, or there is an error of law on the face of the award, the county court may set the award aside.

28

• (1) The county court may from time to time remit the award, or any part of the award, to the reconsideration of the arbitrator.

• (2) In any case where it appears to the county court that there is an error of law on the face of the award, the court may, instead of exercising its power of remission under sub-paragraph (1) above, vary the award by substituting for so much of it as is affected by the error such award as the court considers that it would have been proper for the arbitrator to make in the circumstances; and the award shall thereupon have effect as so varied.

• (3) Where remission is ordered under that sub-paragraph, the arbitrator shall, unless the order otherwise directs, make and sign his award within thirty days after the date of the order.

• (4) If the county court is satisfied that the time limited for making the said award is for any good reason insufficient, the court may extend or further extend that time for such period as it thinks proper.

Miscellaneous

29

Any amount paid, in respect of the remuneration of the arbitrator by either party to the arbitration, in excess of the amount, if any, directed by the award to be paid by him in respect of the costs of the award shall be recoverable from the other party.

30

The provisions of this Schedule relating to the fixing and recovery of the remuneration of an arbitrator and the making and enforcement of an award as to costs, together with any other provision in this Schedule applicable for the purposes of or in connection with those provisions, shall apply where the arbitrator has no jurisdiction to decide the question referred to him as they apply where the arbitrator has jurisdiction to decide that question.

31

For the purposes of this Schedule, an arbitrator appointed by the President shall be taken to have been so appointed at the time when the President executed the instrument of appointment; and in the case of any such arbitrator the periods mentioned in paragraphs 7 and 14 above shall accordingly run from that time.

32

Any instrument of appointment or other document purporting to be made in the exercise of any function exercisable by the President under paragraph 1, 6 or 14 above and to be signed by or on behalf of the President shall be taken to be such an instrument or document unless the contrary is shown.

SCHEDULE 12

General

1

Section 2 of this Act shall not apply to an agreement made before 1st March 1948.

2

Section 3 of this Act shall not apply to a tenancy granted or agreed to be granted before 1st January 1921.

Right to remove fixtures

3

A tenant shall not be entitled by virtue of section 10(1) or 79 of this Act (or the said section 79 as applied by paragraph 10 below) to remove a fixture or building acquired by him before 1st January 1901.

Notices to quit

4

• (1) Where a tenancy of an agricultural holding subsists under an agreement entered into before 25th March 1947, section 25(1) of this Act does not apply—

• (a) to a notice given by or on behalf of the Secretary of State under the provisions of any agreement of tenancy, where possession of the land is required for naval, military or air force purposes, or

• (b) to a notice given by a corporation carrying on a railway, dock, canal, water or other undertaking in respect of land acquired by the corporation for the purposes of their undertaking or by a government department or local authority, where possession of the land is required by the corporation, government department or authority for the purpose (not being the use of the land for agriculture) for which it was acquired by the corporation, department or authority or appropriated under any statutory provision.

• (2) In the application of sub-paragraph (1)(b) above to a Board, the reference to land acquired by the corporation for the purposes of their undertaking shall be construed as including a reference to land transferred to that Board by section 31 of the Transport Act 1962 or, in the case of Transport for London, transferred to the London Transport Executive, by section 16 of the Transport (London) Act 1969, being land—

• (a) acquired, for the purpose of an undertaking vested in the British Transport Commission by Part II of the Transport Act 1947, by the body carrying on that undertaking, or

• (b) acquired by a body carrying on an undertaking vested in any such undertaking as is mentioned in paragraph (a) above by virtue of an amalgamation or absorption scheme under the Railways Act 1921, being a scheme that came into operation on or after 7th July 1923,

and the reference to the purpose for which the land was acquired or appropriated by the corporation shall be construed accordingly.

• (3) In sub-paragraph (2) above “a Board” means any of the following, namely—

• Associated British Ports,

• the British Railways Board,

• the British Waterways Board, and

• Transport for London.

• (4) Sub-paragraph (2) above shall have effect in relation to a company which is a subsidiary (within the meaning of the Greater London Authority Act 1999) of Transport for London as it has effect in relation to Transport for London, so far as relates to land transferred to the London Transport Executive as there mentioned and subsequently transferred to the company (whether before or after it became a subsidiary of Transport for London).

• (5) Where by a scheme under section 7 of the Transport Act 1968 relevant land has been transferred by the British Railways Board to another body, sub-paragraph (2) above shall (so far as relates to relevant land so transferred) have effect in relation to that body as it has effect in relation to the British Railways Board; and in this sub-paragraph “relevant land” means land falling within paragraph (a) or (b) of sub-paragraph (2) above and transferred to the British Railways Board as there mentioned.

• (5A) Where by a scheme under section 24 of the Public Bodies Act 2011 relevant land has been transferred by the British Waterways Board to Canal & River Trust or any subsidiary of Canal & River Trust, sub-paragraph (2) shall (so far as relates to relevant land so transferred) have effect in relation to Canal & River Trust or, as the case may be, that subsidiary as it had effect in relation to the British Waterways Board immediately before that land was transferred under that scheme.

• (5B) In sub-paragraph (5A)—

• (a) “relevant land” means land falling within paragraph (a) or (b) of sub-paragraph (2) and transferred to the British Waterways Board as there mentioned;

• (b) “subsidiary” means a company which is a subsidiary within the meaning of the Companies Act 2006.

• (6) Where, by virtue of an Act (whether public, general or local) passed, or an instrument having effect under an Act made, after 7th July 1923 and before 30th July 1948, any right of a corporation carrying on a water undertaking or of a local authority to avail itself of the benefit conferred by section 25(2)(b) of the Agricultural Holdings Act 1923 was transferred to some other person, that other person shall have the same right to avail himself of the benefit conferred by sub-paragraph (1)(b) above as the corporation or authority would have had if the Act or instrument by virtue of which the transfer was effected had not been passed or made.

Compensation for improvements

5

The tenant of an agricultural holding shall not be entitled to compensation under section 64(1) of this Act for an improvement which he was required to carry out by the terms of his tenancy where the contract of tenancy was made before 1st January 1921.

Compensation for tenant-right matters

6

• (1) Where the tenant of an agricultural holding entered into occupation of the holding before 1st March 1948, section 65(1) of this Act shall not apply to him as regards the matters specified in paragraphs 7 to 10 of Part II of Schedule 8 to this Act, unless, before the termination of the tenancy, he gives notice in writing to the landlord stating that he elects that it is to apply to him as regards those matters.

• (2) Where the tenancy terminates by reason of a notice to quit and at any time while the notice to quit is current the landlord gives notice in writing to the tenant requiring him to elect whether section 65(1) of this Act is to apply to him as regards the matters specified in paragraphs 7 to 10 of Part II of Schedule 8 to this Act, the tenant shall not be entitled to give a notice under sub-paragraph (1) above after the expiry of—

• (a) one month from the giving of the notice under this sub-paragraph, or

• (b) if the operation of the notice to quit depends upon any proceedings under section 26 or 27 of this Act (including any proceedings under Schedule 3 to this Act), one month from the termination of those proceedings.

7

• (1) This paragraph applies where the tenant of an agricultural holding entered into occupation of the holding before 31st December 1951 and immediately before that date subsection (1) of section 47 of the Agricultural Holdings Act 1948 applied to him as regards the matters now specified in paragraphs 7 to 9 of Part II of Schedule 8 to this Act (whether by virtue of his having entered into occupation of the holding on or after 1st March 1948 or by virtue of a notice having been given under paragraph (c) of the proviso to subsection (1) of the said section 47).

• (2) Where this paragraph applies, section 65(1) of this Act shall not apply to the tenant as regards the matters specified in paragraph 10 of Part II of Schedule 8 to this Act unless, before the termination of the tenancy, he gives notice in writing to the landlord that it is to apply to him as regards those matters.

• (3) Paragraph 6(2) above shall have effect in relation to a notice under this paragraph as if in that provision there were substituted—

• (a) for the reference to the matters specified in paragraphs 7 to 10 of Part II of Schedule 8 to this Act a reference to the matters specified in paragraph 10 of Part II of that Schedule, and

• (b) for the reference to a notice under paragraph 6(1) above, a reference to a notice under this paragraph.

8

• (1) In a case where, by virtue of paragraph 6 or 7 above, section 65(1) above does not apply to a tenant as regards all or any of the matters specified in paragraphs 7 to 10 of Part II of Schedule 8 to this Act—

• (a) sections 70(4) and (5) and 76(3) of this Act shall have effect with the omission of references to the excluded matters,

• (b) section 77(1) of this Act shall not apply to compensation to the tenant for the excluded matters, and

• (c) section 78(3) of this Act, in so far as it provides that a claim for compensation in a case for which the provisions of this Act do not provide for compensation shall not be enforceable except under an agreement in writing, shall not apply to a claim by a tenant for compensation for the excluded matters.

• (2) In this paragraph “the excluded matters” means, in relation to a case to which this paragraph applies, the matters as regards which section 65(1) does not apply to the tenant.

9

The Minister may revoke or vary the provisions of paragraphs 6 to 8 above so far as they relate to the matters specified in paragraph 10 of Part II of Schedule 8 to this Act as if those provisions were contained in an order made under section 91 of this Act.

Market gardens

10

• (1) Except as provided by this paragraph, subsections (2) to (5) of section 79 of this Act shall not apply unless the agreement in writing mentioned in subsection (1) of that section was made on or after 1st January 1896.

• (2) Where—

• (a) under a contract of tenancy current on 1st January 1896 an agricultural holding was at that date in use or cultivation as a market garden with the knowledge of the landlord, and

• (b) the tenant had then executed on the holding, without having received before the execution a written notice of dissent by the landlord, an improvement of a kind specified in Schedule 10 to this Act (other than one consisting of such an alteration of a building as did not constitute an enlargement of it),

subsections (2) to (5) of section 79 (and section 81) of this Act shall apply in respect of the holding as if it had been agreed in writing after that date that the holding should be let or treated as a market garden.

• (3) The improvements in respect of which compensation is payable under subsection (2) to (5) of section 79 of this Act as applied by this paragraph shall include improvements executed before, as well as improvements executed after, 1st January 1896.

• (4) Where the land used and cultivated as mentioned in sub-paragraph (2) above consists of part of an agricultural holding only, this paragraph shall apply as if that part were a separate holding.

SCHEDULE 13

Construction of references to old and new law

1

• (1) Any reference, whether express or implied, in any enactment, instrument or document (including this Act and any enactment amended by Schedule 14 to this Act), to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed by this Act has or had effect, a reference to, or as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision.

• (2) Any reference, whether express or implied, in any enactment, instrument or document (including the enactments repealed by this Act and enactments, instruments and documents passed or made after the passing of this Act) to, or to things done or falling to be done under or for the purposes of, any provision repealed by this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision.

• (3) In this paragraph references to any provision repealed by this Act include references to any earlier provision, corresponding to a provision so repealed, which was repealed by the Agricultural Holdings (Notices to Quit) Act 1977, the Agricultural Holdings Act 1948, the Agricultural Holdings Act 1923 or the Agricultural Holdings Act 1908.

2

References, in whatever terms, in any enactment to a holding within the meaning of the Agricultural Holdings Act 1923 shall be construed as references to an agricultural holding within the meaning of this Act.

Continuation of old law for certain pending cases

3

• (1) Nothing in this Act shall apply in relation to—

• (a) a notice to quit an agricultural holding or part of an agricultural holding—

• (i) given before the commencement of this Act, or

• (ii) in the case of a notice to quit given after that time which includes a statement that it is given by reason of the death of a former tenant, where the date of death was before that time,

• (b) an agricultural holding—

• (i) the tenancy of which terminated before the commencement of this Act, or

• (ii) the tenant of which quitted the holding before the commencement of this Act or quitted after that time in consequence of a notice to quit falling within paragraph (a) above,

• (c) an arbitration where the arbitrator was appointed under the Agricultural Holdings Act 1948 before the commencement of this Act,

• (d) an application made before the commencement of this Act to the Tribunal under any of the enactments repealed by this Act, or