Agricultural Holdings Act 1986

• (a) for the words “section fifty-seven of the Act of 1948” there shall be substituted the words “ section 71 of the Act of 1986 ”, and

• (b) for the words “section fifty-eight” there shall be substituted the words “ section 72 ”.

• (3) In subsection (2) for the words “Act of 1948” there shall be substituted the words “ Act of 1986 ”.

• (4) After subsection (2) there shall be inserted—

(2A) In this section references to the Act of 1986 and to sections 71 and 72 of that Act include respectively references to the Act of 1948 and to sections 57 and 58 of that Act

.

• (5) In subsection (3) for the words from “Act of 1948” to “fifty-eight” there shall be substituted the words “ Act of 1986 and to sections 71 and 72 ”.

28

• (1) Section 26 of that Act shall be amended as follows.

• (2) In subsection (3) for the words “Act of 1948” there shall be substituted the words “ Act of 1986 ”.

• (3) In subsection (5) for the words “section seventy-eight of the Act of 1948, the provisions of the Fourth Schedule” there shall be substituted the words “ section 91 of the Act of 1986, the provisions of Schedule 8 ”.

• (4) After subsection (5) there shall be inserted—

(5A) the reference in subsection (3) of this section to the 1986 Act includes a reference to the 1948 Act

.

• (5) In subsection (6)—

• (a) for the words “Act of 1948”, in the first place where they occur, there shall be substituted the words “ Act of 1986 ”, and

• (b) for the words “section seventy-eight of the Act of 1948 and to the Fourth Schedule” there shall be substituted the words “ section 91 of the Act of 1986 and to Schedule 8 ”.

29

• (1) Section 27 of that Act shall be amended as follows.

• (2) In subsection (1)(b) for the words “section thirteen of the Act of 1948” there shall be substituted the words “ section 10 of the Act of 1986 ”.

• (3) In subsection (4) for the words “section thirteen of the Act of 1948” there shall be substituted the words “ section 10 of the Act of 1986 ”.

30

• (1) Section 28 of that Act shall be amended as follows.

• (2) In subsection (3)—

• (a) for the words “section sixty-seven of the Act of 1948” there shall be substituted the words “ subsections (2) to (5) of section 79 of the Act of 1986 ”, and

• (b) for the words “subsection (1) of section sixty-eight” there shall be substituted the words “ subsection (2) of section 80 ”.

• (3) In subsection (4)—

• (a) for the words “section thirteen of the Act of 1948” there shall be substituted the words “ section 10 of the Act of 1986 ”, and

• (b) for the words “paragraph (b) of subsection (1) of section sixty-seven of the Act of 1948” there shall be substituted the words “ subsection (3) of section 79 of the Act of 1986 ”.

• (4) In subsection (5) for the words from “section seventy-eight” to “Fifth Schedule” there shall be substituted the words “ section 91 of the Act of 1986 the provisions of Schedule 10 ”.

• (5) In subsection (6)—

• (a) for the words “section sixty-seven of the Act of 1948 and to paragraph (b) of subsection (1)” there shall be substituted the words “ subsections (2) to (5) of section 79 of the Act of 1986 and subsection (3) of that section ”,

• (b) for the words “subsection (1) of section sixty-eight of the Act of 1948 and to section thirteen” there shall be substituted the words “ subsection (2) of section 80 of the Act of 1986 and to section 10 ”, and

• (c) for the words “section seventy-eight of the Act of 1948 and to the Fifth Schedule” there shall be substituted the words “ section 91 of the Act of 1986 and to Schedule 10 ”.

31

In section 51(1) of that Act—

• (a) after the definition of “the Acquisition of Land Act” there shall be inserted—

”the Act of 1986’ means the Agricultural Holdings Act 1986;

, and

• (b) in the definition of “agricultural holding” for the words “Act of 1948” there shall be substituted the words “ Act of 1986 ”.

32

• (1) Schedule 6 to that Act shall be amended as follows.

• (2) In paragraph 20(a) for the words from “made” to “year” there shall be substituted the words “ falling within section 2(3)(a) of the 1986 Act ”.

• (3) In paragraph 24—

• (a) for the words from “by the Minister” to “1948 (” there shall be substituted the words “ under section 2 of the Act of 1986 or of the Act of 1948 (each of ”, and

• (b) for the words from “by the said Minister” to “of the section)” there shall be substituted the words “ under that section from the operation of that section) ”.

• (4) In paragraph 25 for the words from “by the Minister” to “section two” there shall be substituted the words “ under section 2 of the Act of 1986 or ”.

• (5) In paragraph 31 for the words from “for the letting” to “Secretary of State” there shall be substituted the words “ falling within section 2(3)(a) of the 1986 Act, to an agreement for the letting of land and to section 2 of the Act of 1986 there shall be substituted respectively references to a lease of land entered into in contemplation of the use of land only for grazing or mowing falling within the proviso to section 2(1) of the Scottish Act of 1949, to a lease ”.

33

• (1) Schedule 7 to that Act shall be amended as follows.

• (2) In paragraph 1(2) for the words “Act of 1948” there shall be substituted the words “ Act of 1986 ”.

• (3) In paragraph 2—

• (a) for the words “Act of 1948”, in each place where they occur, there shall be substituted the words “ Act of 1986 ”, and

• (b) after sub-paragraph (3) there shall be inserted—

(3A) The references in sub-paragraph (1)(a) of this paragraph to the Act of 1986 include references to the Act of 1948

.

• (4) In paragraph 3—

• (a) in sub-paragraph (1) for the words “Act of 1948” there shall be substituted the words “ Act of 1986 ”, and

• (b) in sub-paragraph (2) for the words “section nine of the Act of 1948 in so far as the said section nine” there shall be substituted the words “ section 13 of the Act of 1986 in so far as the said section 13 ”.

• (5) In paragraph 4—

• (a) in sub-paragraph (2) for the words “Act of 1948” there shall be substituted the words “ Act of 1986 ”.

• (b) in sub-paragraph (4) for the words “Section seventy-seven of the Act of 1948” there shall be substituted the words “ Section 84 of the Act of 1986 ” and for the words “Act of 1948”, in the second place where they occur, there shall be substituted the words “ Act of 1986 ”,

• (c) in sub-paragraph (5) for the words “section eight or section nine of the Act of 1948” there shall be substituted the words “ section 12 or section 13 of the Act of 1986 ”, and

• (d) in sub-paragraph (6) for the words “section nine of the Act of 1948” there shall be substituted the words “ section 13 of the Act of 1986 ”.

• (6) In paragraph 5—

• (a) in sub-paragraph (1) for the words “section thirteen of the Act of 1948” there shall be substituted the words “ section 10 of the Act of 1986 ”.

• (b) in sub-paragraph (2) for the words “subsection (2)” there shall be substituted the words “ subsection (3) ”,

• (c) in sub-paragraph (3) for the words “subsection (2)” there shall be substituted the words “ subsection (3) ” and for the words “subsection (3)” there shall be substituted the words “ subsection (4) ”, and

• (d) in sub-paragraph (5) for the words “section thirteen of the Act of 1948” there shall be substituted the words “ section 10 of the Act of 1986 ” and for the words “paragraph (b) of subsection (1) of section sixty-seven” there shall be substituted the words “ subsection (3) of section 79 ”.

• (7) In paragraph 6(2) for the words “section seventeen of the Act of 1948” there shall be substituted the words “ section 23 of the Act of 1986 ”.

• (8) In paragraph 25, for sub-paragraph (a) there shall be substituted—

(a) for references— (i) to the Act of 1986 and to sections 12, 13, 23 and 84 of that Act there shall be substituted respectively references to the Scottish Act of 1949 and to sections 7, 8, 18 and 75 of that Act, (ii) to section 10 of the Act of 1986 and to subsections (3) and (4) of that section there shall be substituted respectively references to section 14 of the Scottish Act of 1949 and to subsections (2) and (3) of that section, and (iii) to subsection (3) of section 79 of the Act of 1986 there shall be substituted references to paragraph (b) of subsection (1) of section 65 of the Scottish Act of 1949.

The Chevening Estate Act 1959

34

In clauses 15(i) and 23(b) of the Trust Instrument set out in the Schedule to the Chevening Estate Act 1959 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986, except section 60(2)(b) or 62 of that Act, ”.

The Horticulture Act I960

35

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

The Agriculture (Miscellaneous Provisions) Act 1963

36

In subsections (1)(a) and (6)(c) of section 22 of the Agriculture (Miscellaneous Provisions) Act 1963 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Agriculture Act 1967

37

In section 26(1) of the Agriculture Act 1967 for the words “Agriculture Holdings Act 1948”, in both places where they occur, there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

38

In section 27(5B)(a) of that Act for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

39

In section 28(1)(a) of that Act for the words “section 34 of the Agricultural Holdings Act 1948” there shall be substituted the words “ section 60(2)(a) of the Agricultural Holdings Act 1986 ”.

40

In section 29(3)(a) of that Act for the words “section 34 of the Agricultural Holdings Act 1948” there shall be substituted the words “ section 60(2)(a) of the Agricultural Holdings Act 1986 ”.

41

• (1) Section 48 of that Act shall be amended as follows.

• (2) In subsection (2)(a) for the words “section 34 of the Agricultural Holdings Act 1948” there shall be substituted the words “ section 60(2)(a) of the Agricultural Holdings Act 1986 ”.

• (3) For subsection (4) there shall be substituted—

(4) Case H in Part I of Schedule 3 to the Agricultural Holdings Act 1986 shall apply in relation to a Rural Development Board as it applies in relation to the Minister within the meaning of that Act.

42

In paragraph 7(4) of Schedule 3 to that Act for the words “Section 77 of the Agricultural Holdings Act 1948” there shall be substituted the words “ Section 84 of the Agricultural Holdings Act 1986 ”.

The Leasehold Reform Act 1967

43

In section 1(3)(b) of the Leasehold Reform Act 1967 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Agriculture (Miscellaneous Provisions) Act 1968

44

In section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 for the words from “section 9” to the end there shall be substituted the words “ subsection (2)(b) of section 60 of the Agricultural Holdings Act 1986 (additional compensation to tenant for disturbance) shall apply as if the acquiring authority were the landlord of the holding and on the date of the acquisition or taking of possession the tenancy of the holding or part of it had terminated, and the tenant had quitted the holding or part of it, in consequence of such a notice or counter-notice as is mentioned in subsection (1) of that section; and section 61 of that Act (exceptions to section 60) shall not apply in such a case. ”

45

In section 13(1) of that Act for the words “section 2(1) of the principal Act” there shall be substituted the words “ section 2(2) of the Agricultural Holdings Act 1986 ”.

46

• (1) Section 17 of that Act shall be amended as follows.

• (2) In subsection (1) for the words “principal Act”, in the second place where they occur, there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

• (3) In subsection (3) for the words “Section 87(1) and (2) of the principal Act” there shall be substituted the words “ Section 95(1), (2) and (3) of the Agricultural Holdings Act 1986 ”.

47

In section 42(2) of that Act, as it has effect for the purposes of section 48(6) of the Land Compensation Act 1973, for the words “section 24 of the principal Act” there shall be substituted the words “ section 26 of the Agricultural Holdings Act 1986 ” and for the words “principal Act”, in the second place where they occur, there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

48

• (1) Schedule 3 to that Act shall be amended as follows.

• (2) In paragraph 2—

• (a) for the words “section 9(2) of this Act” there shall be substituted the words “ section 60(4) of the Agricultural Holdings Act 1986 ”, and

• (b) for the words “section 8 or section 9 of the principal Act” there shall be substituted the words “ section 12 or section 13 of the Agricultural Holdings Act 1986 ”.

• (3) In paragraph 3—

• (a) for the words “section 8 of the principal Act” there shall be substituted the words “ section 12 of the Agricultural Holdings Act 1986 ”, and

• (b) for the words “section 9(2)” there shall be substituted the words “ section 60(4) ”.

The Tribunals and Inquiries Act 1971

49

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

The Town and Country Planning Act 1971

50

In section 27(7) of the Town and Country Planning Act 1971 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Land Charges Act 1972

51

• (1) Schedule 2 to the Land Charges Act 1972 shall be amended as follows.

• (2) In paragraph 1(g) for the words from “Sections” to “tenant or” there shall be substituted the words “ Section 74 (charge in respect of sums due to ” and the words from “Section 82” to “improvements)” shall be omitted.

• (3) After paragraph 1(h) there shall be inserted—

(i) The Agricultural Holdings Act 1986	Section 85 (charges in respect of sums due to tenant of agricultural holding).
	Section 86 (charges in favour of landlord of agricultural holding in respect of compensation for or cost of certain improvements).

• (4) In paragraph 3 for the words from the beginning to “Act 1948” there shall be substituted the words “ The reference in paragraph 1(g) above to section 74 of the Agricultural Holdings Act 1948 and the references in paragraph 1(i) above to section 85 and 86 of the Agricultural Holdings Act 1986 ”.

The Land Compensation Act 1973

52

In section 34(3) (c) of the Land Compensation Act 1973 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

53

• (1) Section 48 of that Act shall be amended as follows.

• (2) In subsection (2)—

• (a) for the words “Case B in section 2(3) of the Agricultural Holdings (Notices to Quit) Act 1977” there shall be substituted the words “ Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986 ”,

• (b) for the words “section 3(3)(e)” there shall be substituted the words “ section 27(3)(f) ”;

and that subsection shall continue to have effect with the substitution of the words “ the said Case B ” for the words “section 24(2)(b)” made by paragraph 6 of Schedule 1 to the Agricultural Holdings (Notices to Quit) Act 1977.

• (3) In subsection (3) for the words “Case B and section 3(3)(e)” there shall be substituted the words “ Case B and section 27(3)(f) ”.

• (4) After subsection (6) there shall be inserted—

(6A) In assessing the tenant’s compensation no account shall be taken of any benefit which might accrue to the tenant by virtue of section 60(2)(b) of the Agricultural Holdings Act 1986 (additional payments by landlord for disturbance); and in this subsection the reference to the said section 60(2)(b) does not include a reference to it as applied by section 12 of the Agriculture (Miscellaneous Provisions) Act 1968.

54

• (1) Section 56 of that Act shall be amended as follows.

• (2) In subsection (3)(d) for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

• (3) In subsection (4) for the words “section 58 of the Agricultural Holdings Act 1948” there shall be substituted the words “ section 72 of the Agricultural Holdings Act 1986 ” and for the words “the proviso” there shall be substituted the words “ subsection (4) of that section ”.

55

• (1) Section 59 of that Act shall be amended as follows.

• (2) In subsection (1)(b)—

• (a) in paragraph (i) for the words “subsection (1) of section 2 of the Agricultural Holdings (Notices to Quit) Act 1977” there shall be substituted the words “ section 26(1) of the Agricultural Holdings Act 1986 ” and for the words “Case B in subsection (3) of that section” there shall be substituted the words “ Case B in Part I of Schedule 3 to that Act ”, and

• (b) in paragraph (ii) for the words “section 3(3)(e)” there shall be substituted the words “ section 27(3)(f) ”;

and that subsection shall continue to have effect with the substitution of the words “ the said Case B ” for the words “section 24(2)(b)” made by paragraph 6 of Schedule 1 to the Agricultural Holdings (Notice to Quit) Act 1977.

• (3) In subsection (2)(b) for the words from “Agricultural Holdings Act 1948” to “notice to quit)” there shall be substituted the words “ Agricultural Holdings Act 1986 relating to compensation to a tenant on the termination of his tenancy ”.

• (4) In subsection (6) for the words “section 9 of the Agricultural Holdings (Notices to Quit) Act 1977” there shall be substituted the words “ section 32 of the Agricultural Holdings Act 1986 ”.

56

In section 87(1) for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Rent (Agriculture) Act 1976

57

In section 9(3) and (4)(c) of the Rent (Agriculture) Act 1976 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

58

In paragraph 2 of Schedule 2 to that Act for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Rent Act 1977

59

In section 10 of the Rent Act 1977 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

60

In section 137(3) and (4)(c) of that Act for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Protection from Eviction Act 1977

61

In section 8(1)(d) of the Protection from Eviction Act 1977 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Cycle Tracks Act 1984

62

In section 3(2) of the Cycle Tracks Act 1984 for the words “section 1(2) of the Agricultural Holdings Act 1948” there shall be substituted the words “ section 1(4) of the Agricultural Holdings Act 1986 ”.

The Housing Act 1985

63

In paragraph 8 of Schedule 1 to the Housing Act 1985 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

The Landlord and Tenant Act 1985

64

In section 14(3) of the Landlord and Tenant Act 1985 for the words “Agricultural Holdings Act 1948” there shall be substituted the words “ Agricultural Holdings Act 1986 ”.

SCHEDULE 15

Part I — Repeals

Part II — Revocations

Principal definitions.

Frequency of determinations under section 12

7

• (1) This paragraph applies in any case where—

• (a) a tenancy of an agricultural holding (the new tenancy) is granted to a person who, immediately before the grant of the new tenancy, was the tenant of the holding, or of any agricultural holding which comprised the whole or a substantial part of the land comprised in the holding, under a contract of tenancy (“the previous tenancy”),

• (b) this Act applies in relation to the new tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, and

• (c) the rent payable under the new tenancy is unchanged from that payable under the previous tenancy, disregarding any increase or reduction in rent solely attributable to an adjustment of the boundaries of the holding.

• (2) The reference in sub-paragraph (1) above to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.

• (3) 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 previous tenancy, and

• (b) references to rent in paragraphs (b) and (c) of that sub-paragraph shall be read as references to the rent payable under the previous tenancy,

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—

8A

• (1) For the purposes of Case B—

• (a) “general development order” means an order under section 59 of the Town and Country Planning Act 1990 which is made as a general order, and

• (b) “the enactments relating to town and country planning” means the planning Acts (as defined in section 336(1) of the Town and Country Planning Act 1990) and any enactment amending or replacing any of those Acts.

• (2) In relation to any time before the commencement of Part III of the Town and Country Planning Act 1990, sub-paragraph (1) above shall have effect as if—

• (a) in paragraph (a), for “59” there were substituted “24” and for “1990” there were substituted “1971”, and

• (b) in paragraph (b), for the words from “planning Acts” onwards there were substituted “repealed enactments (as defined in section 1(1) of the Planning (Consequential Provisions) Act 1990)”.

The Horticulture Act 1960

Editorial notes