Agricultural Land Tribunals (Amendment) Order, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/1755 |
| Year | 1961 |
1961 No. 1755
AGRICULTURE
The Agricultural Land Tribunals (Amendment) Order, 196113thSeptember 1961
21stSeptember 1961
2ndOctober 1961
I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, in exercise of the powers conferred on me by section 73 of the Agriculture Act, 1947(a), as amended by sections 5 and 8 of, and the First Schedule to, the Agriculture Act, 1958(b), and after consulting the Council on Tribunals, do hereby make the following Order:—
1.—(1) This Order may be cited as the Agricultural Land Tribunals (Amendment) Order, 1961, and shall come into operation on the second day of October, 1961.
(2) In this Order a Rule referred to by number means a Rule so numbered in the Agricultural Land Tribunals Rules, 1959, (which are set out in the Schedule to the Agricultural Land Tribunals and Notices to Quit Order, 1959(c)).
(3) The Interpretation Act, 1889(d), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
2. The following Rule shall be inserted after Rule 11:—
"Applications under Land Drainage Act, 1961
11A.—(1) An application to the tribunal under section 45 or 46 of the Land Drainage Act, 1961(e), for an order requiring a person to carry out work for putting a ditch in proper order or authorising the applicant to carry out drainage work on any land shall be substantially in accordance with Form 12, and shall state the name of any person whose interests the applicant has reason to believe would be affected by the order.
(2) For the purpose of the foregoing paragraph the interests of the following persons shall be deemed to be affected by the order, that is to say—
(i) the occupier of any land which may be entered in pursuance of the order, and
(ii) in the case of an application under section 46, the owner of any land on which it is proposed that any work should be carried out.
(3) Rule 32 shall not apply to an application under this Rule, but any person mentioned in the last foregoing paragraph shall be deemed to be a party to the application and shall be entitled to be heard by the tribunal at any formal hearing.
(4) Where, on the hearing of an application under section 45, the applicant states that he desires also to apply under section 46 for an order authorising him to carry out the same or substantially the same work as that referred to in his application under section 45, the tribunal
(b) 6 & 7 Eliz. 2. c. 71.
(c) S.I. 1959/81 (1959 I, p. 91).
(d) 52 & 53 Vict. c. 63.
may, if they think fit, deal with the application as if it had been made under section 46 as well as under section 45."
3. In Rule 12 there shall be inserted after the words "under Rule 14" the words "or within such other period as may be provided by these Rules".
4. At the end of paragraph (1) of Rule 15 there shall be added the words "or by recorded delivery".
5. The following Rules shall be inserted after Rule 18:—
"SPECIAL PROVISIONS AS TO APPLICATIONS UNDER LAND DRAINAGE ACT, 1961
Report from Minister
18A.—(1) On receiving an application under Rule 11A the tribunal shall call on the Minister to provide a report on the matters to which the application relates, and the tribunal may for the purpose of enabling such a report to be made authorise any officer of the Minister to enter and inspect any land specified by the tribunal.
(2) A report made pursuant to the foregoing paragraph may contain a recommendation by the maker of the report on the desirability of an order being made by the tribunal, including the terms of any order which may be recommended.
(3) On receiving the report the secretary shall serve a copy thereof on each of the parties to the application.
(4) Within one month of a copy of the report being served on him the applicant shall serve a notice on the tribunal substantially in accordance with Form 13 stating whether or not he agrees with the facts stated and the recommendations made in the report; and the provisions of these Rules shall apply to the notice as if it were an application, so however that the notice need not be accompanied by copies of any map or other document which accompanied the application.
(5) The time within which a party is required by Rule 12 to reply to the application shall, in a case to which this Rule applies, run from the date of the service on him of the notice mentioned in the last foregoing paragraph.
(6) A report made under this Rule shall be prima facie evidence of the facts set out therein, but the maker of the report shall, unless the tribunal otherwise direct, attend any formal hearing of the application for the purpose of being examined and cross-examined on the contents of the report.
Joinder of parties
18B. If it appears to the chairman or to the tribunal, whether on the application of a party or otherwise, that it is desirable to join any person as a party to the proceedings, the chairman or the tribunal, as the case may be, may order such person to be joined and may give such consequential directions as may be just, including directions as to the service of documents on any person so joined and as to the time within which he may reply to the application.
Power to make order without formal hearing
18C. Paragraph (2) of Rule 17 and paragraph (6) of Rule 19 shall not apply to an application under Rule 11A, but if on any...
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