Agricultural Holdings Act 1986

[^key-f6fad46888d35993075df693656140e3]: Words in s. 19A(7) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 19

[^key-715ea3df2f7ccab3ae103b08b558c599]: Words in s. 19A(7) substituted (15.7.2024) by Agriculture (Wales) Act 2023 (asc 4), ss. 24(2)(a), 56(4); S.I. 2024/789, art. 2

[^key-fd21ec0e0235e9a28b694c638e145f2f]: Word in s. 19A(7) omitted (15.7.2024) by virtue of Agriculture (Wales) Act 2023 (asc 4), ss. 24(2)(b), 56(4); S.I. 2024/789, art. 2

[^key-0c0a1684a679f24b7fbc01d645a70d13]: Words in s. 19A(7) inserted (15.7.2024) by Agriculture (Wales) Act 2023 (asc 4), ss. 24(2)(c), 56(4); S.I. 2024/789, art. 2

[^key-45ae9c75ba1ad0c4fbd54be981aaa9ca]: Act continued (W.) (1.9.2024) by The Agricultural Holdings (Requests for Landlord’s Consent or Variation of Terms and the Suitability Test) (Wales) Regulations 2024 (S.I. 2024/798), regs. 1(2)(b), 6(2)

[^key-755c9eae6a8b1fba936acf1edac0464c]: Words in s. 35(2) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 10; S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-b1ba53ee2c7d93b4352964544f53a761]: Words in s. 36(3) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 11(2)(a); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-5790a4fab8bcf71298e7e5ae20cfe310]: Words in s. 36(3) substituted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 11(2)(b); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-e65061bc09903a51a3ed3ed50c85b901]: S. 36(3)(b) and word omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 11(2)(c); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-6833a245e8e759ed55a558aa97ac11f1]: S. 36(5) substituted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 11(3); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-8fa12fef2cc061fda0fdab76c1586612]: S. 41(1)(a) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 12; S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-fb7a998a8a5487fc7b885122434ecaa3]: Words in s. 50(2) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(2)(a); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-b68668a100579a5a75b14c0b46a42807]: Words in s. 50(2) substituted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(2)(b); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-a2ce8525b5310d1d8abb5dc6229cb570]: S. 50(2)(b) and word omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(2)(c); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-686eac4971fbdde5bca27b0cdebe4a1e]: S. 50(4) substituted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 13(3); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-877d53c9e88898a7e137f662d2bf4610]: Words in s. 59(1) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 15(2); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-ca7e57bfbc176dab26867b85f46174b3]: Words in s. 59(2) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 15(3); S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-aebd281481dc2e65dea5a0a49b0daa57]: Words in s. 53(6) omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 18(2); S.I. 2021/597, reg. 2(b) (with reg. 3); S.I. 2024/788, reg. 2(b) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-2e9a4b0c1dd47e61137148b77757f433]: S. 53(6A) inserted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 18(3); S.I. 2021/597, reg. 2(b) (with reg. 3); S.I. 2024/788, reg. 2(b) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-35c28b86cfd95665f4c804e503f5b06c]: S. 58 omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 14; S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^key-b672e46b75bd8e9d7ff09d14edfdf3d7]: Sch. 6 omitted (11.11.2020 for specified purposes, 1.9.2024 in so far as not already in force) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(c)(3)(a), Sch. 3 para. 16; S.I. 2021/597, reg. 2(a) (with reg. 3); S.I. 2024/788, reg. 2(a) (with reg. 3) (with transitional provisions in S.I. 2024/798, regs. 1(2)(b), 6(2))

[^M_F_b8d14f8a-6346-4d41-ff1d-69fc064bdddd]: Words in Sch. 6 para. 9 cross-heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(8); S.I. 2005/3175, art. 2(1), Sch. 1

[^M_F_69ad0cac-fb18-4045-d90d-6b7a38b19754]: Words in Sch. 6 para. 10 cross-heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(8); S.I. 2005/3175, art. 2(1), Sch. 1

The model clauses.

Transitional arrangements where liability in respect of fixed equipment transferred.

Application of sections 50 to 58.

Enforcement.

Power of limited owners to give consents etc.

Arbitrationor third party determination on terms of new tenancy.

Compensation where reversionary estate in holding is severed.

Compensation where reversionary estate in holding is severed.

Restrictions on compensation for things done in compliance with this Act.

General provisions as to charges under this Act on holdings.

84A

• (1) Parties who wish to refer a matter for third party determination under this Act must jointly appoint a third party to determine the matter.

• (2) Parties may not under subsection (1) jointly appoint a third party to determine a matter once an arbitrator has been appointed to determine the matter under section 84(2).

• (3) Any matter which by or by virtue of this Act or regulations made under this Act may be determined by third party determination under this Act is to be treated as having been referred for third party determination under this Act once an appointment has been made under subsection (1).

• (4) References to “third party determination under this Act” are to the determination of a matter by the third party appointed under subsection (1) or a replacement third party jointly appointed by the parties on a termination of the earlier appointment and references to a “third party”, in the context of such a determination, are to the third party so appointed.

• (5) If a third party appointed under this section to determine a matter dies, or is incapable of acting, the parties may (instead of appointing a replacement) agree to proceed as if they had not referred the matter for third party determination under this Act.

• (6) A matter that has been referred for third party determination under this Act may not be determined by arbitration under this Act except by virtue of subsection (5).

• (7) 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 2 of Schedule 8 to this Act, the third party must award compensation in accordance with the agreement instead of in accordance with this Act.

General provisions as to charges under this Act on holdings.

Transitional arrangements where liability in respect of fixed equipment transferred.

Restrictions on compensation for things done in compliance with this Act.

Application of sections 50 to 58.

Restrictions on compensation for things done in compliance with this Act.

Third party determinations

4A

Application to land in England of manure, fertiliser, soil improvers and digestate.

5A

• (1) In relation to England, production of manure arising from the consumption on the holding of relevant feedingstuff by livestock and equidae where the manure is held in storage on the holding.

• (2) In this paragraph “relevant feedingstuff” means—

• (a) corn (whether produced on the holding or not), or

• (b) cake or other feedingstuff not produced on the holding.

4B

Application to land in Wales of manure, fertiliser, soil improvers and digestate.

5B

• (1) In relation to Wales, production of manure arising from the consumption on the holding of relevant feedingstuff by livestock and equidae where the manure is held in storage on the holding.

• (2) In this paragraph “relevant feedingstuff” means—

• (a) corn (whether produced on the holding or not), or

• (b) cake or other feedingstuff not produced on the holding.

19A

• (1) The appropriate authority may by regulations make provision for the tenant of an agricultural holding to refer for arbitration under this Act a request made by the tenant to the landlord where—

• (a) the request falls within subsection (3), and

• (b) no agreement has been reached with the landlord on the request.

• (2) The regulations may also provide that, where the tenant is given the right to refer a request to arbitration, the landlord and tenant may instead refer the request for third party determination under this Act.

• (3) A request falls within this subsection if—

• (a) it is a request for—

• (i) the landlord's consent to a matter which under the terms of the tenancy requires such consent, or

• (ii) a variation of the terms of the tenancy,

• (b) it is made for the purposes of—

• (i) enabling the tenant to request or apply for relevant financial assistance or relevant financial assistance of a description specified in the regulations, or

• (ii) complying with a statutory duty, or a statutory duty of a description specified in the regulations, applicable to the tenant, and

• (c) it meets such other conditions (if any) as may be specified in the regulations.

• (4) The regulations may provide for the arbitrator or third party on a reference made under the regulations, where the arbitrator or third party considers it reasonable and just (as between the landlord and tenant) to do so—

• (a) to order the landlord to comply with the request (either in full or to the extent specified in the award or determination);

• (b) to make any other award or determination permitted by the regulations.

• (5) The regulations may (among other things) make provision—

• (a) about conditions to be met before a reference may be made;

• (b) about matters which an arbitrator or third party is to take into account when considering a reference;

• (c) for regulating the conduct of arbitrations or third party determinations;

• (d) about the awards or determinations which may be made by the arbitrator or third party, which may include making an order for a variation in the rent of the holding or for the payment of compensation or costs;

• (e) about the time at which, or the conditions subject to which, an award or determination may be expressed to take effect;

• (f) for restricting a tenant's ability to make subsequent references to arbitration where a reference to arbitration or third party determination has already been made under the regulations in relation to the same tenancy.

• (6) The provision covered by subsection (5)(e) includes, in the case of a request made for the purpose described in subsection (3)(b)(i), conditions relating to the making of a successful application for assistance.

• (7) In this section—

• “appropriate authority” means—in relation to England, the Secretary of State, andin relation to Wales, the Welsh Ministers;

• “relevant financial assistance” means financial assistance under—section 1 of the Agriculture Act 2020 (powers of Secretary of State to give financial assistance),section 21 of that Act (powers of Secretary of State to give financial assistance in exceptional market conditions), ...a scheme of the sort mentioned in section 2(4) of that Act (third party schemes); section 8 of the Agriculture (Wales) Act 2023 (“the 2023 Act”) (Welsh Ministers’ power to provide support),a scheme of the sort mentioned in section 9(7) of the 2023 Act (meaning of “third party scheme” for purposes of power to provide support),the basic payment scheme, as defined in section 16 of the 2023 Act (power to modify legislation governing the basic payment scheme),legislation relating to the financing, management and monitoring of the common agricultural policy, as defined in section 17 of the 2023 Act (power to modify legislation relating to the common agricultural policy),legislation relating to support for apiculture, as defined in section 18 of the 2023 Act (power to modify legislation relating to support for apiculture),legislation relating to support for rural development, as defined in section 19 of the 2023 Act (support for rural development), orsection 22 of the 2023 Act (powers of Welsh Ministers to give financial assistance in exceptional market conditions);

• “statutory duty” means a duty imposed by or under—an Act of Parliament;an Act or Measure of Senedd Cymru; assimilated direct legislation.

Right of any eligible person to apply for new tenancy on death of tenant.

Arbitration or third party determination on terms of new tenancy.

Compensation where reversionary estate in holding is severed.

Third party determinations

General provisions as to charges under this Act on holdings.