Agricultural Land Tribunals and Notices to Quit Order, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/81 |
| Year | 1959 |
1959 No. 81
The Agricultural Land Tribunals and Notices to Quit Order, 195915thJanuary 1959
22ndJanuary 1959
26thJanuary 1959
I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, in exercise of the powers conferred upon me by section 73 of the Agriculture Act, 1947(a), sections 26 and 50 of the Agricultural Holdings Act, 1948(b), and section 6 of the Agriculture (Miscellaneous Provisions) Act, 1954(c), as amended by sections 5 and 8 of and the First Schedule to the Agriculture Act, 1958(d), do hereby make the following Order :—
PRELIMINARY
Citation, commencement and revocation
1. This Order may be cited as the Agricultural Land Tribunals and Notices to Quit Order, 1959, and shall come into operation on the 26th January, 1959.
2. Regulation 3 of the Agriculture (Miscellaneous Time Limits) Regulations, 1948(e), the Agriculture (Certificates of Bad Husbandry) Regulations, 1948(f), the Agriculture (Control of Notices to Quit) Regulations, 1948(g), and the Agriculture (Procedure of Agricultural Land Tribunals) Order, 1954(h) (except in so far as that Order has effect for the purpose of references to a tribunal under section 85 or section 86 of the Agriculture Act, 1947), are hereby revoked, so, however, that the said Regulations and Order shall continue to apply to any case to which, by virtue of paragraph 6, 7 or 8 of the Fourth Schedule to the Agriculture Act, 1958, the provisions of the Agricultural Holdings Act, 1948, apply.
Interpretation
3. In this Order, unless the context otherwise requires—
" 1948 Act " means the Agricultural Holdings Act, 1948, as amended;
" termination " means, in relation to an arbitration under the 1948 Act, the date on which the award of the arbitrator is delivered to the tenant.
4. The Interpretation Act, 1889(i), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
AGRICULTURAL LAND TRIBUNALS
Rules of procedure
5. The rules set out in the Schedule to this Order shall apply to proceedings before Agricultural Land Tribunals.
(b) 11 & 12 Geo. 6. c. 63.
(c) 2 & 3 Eliz. 2. c. 39.
(d) 6 & 7 Eliz. 2. c. 71.
(e) S.I. 1948/188 (Rev. I, p. 848: 1948 I, p. 76).
(f) S.I. 1948/189 (Rev. I, p. 830: 1948 I, p. 65).
(g) S.I. 1948/190 (Rev. I, p. 832: 1948 I, p. 66).
(h) S.I. 1954/1138 (1954 I, p. 47).
(i) 52 & 53 Vict. c. 63.
PROVISIONS AS TO NOTICES TO QUIT
Time limits in arbitration cases
6. Where it is stated in a notice to quit an agricultural holding or part of an agricultural holding that the notice is given for one or more of the reasons specified in paragraphs (b), (d) and (e) of subsection (2) of section 24 of the 1948 Act, and the tenant wishes to contest a reason stated therein, he shall, within one month of the landlord giving the notice to quit, serve on him notice in writing requiring the question to be determined by arbitration under that Act.
7. Where the tenant requires a question to be determined by arbitration in pursuance of Article 6 hereof and, in consequence of the arbitration, subsection (1) of section 24 of the 1948 Act applies, the time within which a counter-notice may be served by the tenant on the landlord under that subsection shall be one month from the termination of the arbitration.
Postponement of operation of notices to quit
8. Where the tenant requires a question to be determined by arbitration as aforesaid, the operation of the notice to quit shall be suspended until the termination of the arbitration.
9. Where a notice to quit has effect in consequence of any such arbitration as aforesaid or of the consent of the Agricultural Land Tribunal under sub-section (1) of section 24 of the 1948 Act and would, but for the provisions of this Article, come into operation on or within six months after the termination of the arbitration or the giving of the consent, the arbitrator or the tribunal, as the case may be, may, either of his or their own motion or on the application of the tenant made within fourteen days after the termination of the arbitration or the giving of the consent, postpone the termination of the tenancy for a period not exceeding twelve months.
Sub-tenants
10.—(1) The provisions of subsection (1) of section 24 of the 1948 Act shall not apply where a notice to quit a holding or part of a holding is given to a sub-tenant by a tenant who has himself been given notice to quit that holding or part thereof, and the fact that he has been given such notice is stated in the notice given to the sub-tenant:
Provided that where under section 32 of the 1948 Act a tenant accepts a notice to quit part of a holding as notice to quit the whole, then, for the purpose of this Article, the notice shall be deemed to be a notice to quit the whole.
(2) Any such notice as aforesaid given to a sub-tenant by a tenant shall not have effect if the notice to quit given to the tenant by his landlord does not itself have effect.
Landlord's notice under section 50 (3) of the 1948 Act
11. The time within which a landlord may serve a notice under subsection (3) of section 50 of the 1948 Act that he proposes himself to carry out an improvement shall be one month from the date on which he receives notice in writing of the Agricultural Land Tribunal's approval of the carrying out of the improvement.
Kilmuir, C.
Dated the 15th day of January, 1959.
SCHEDULE
RULES OF PROCEDURE FOR AGRICULTURAL LAND TRIBUNALS
Citation and Interpretation
1.—(1) These Rules may be cited as the Agricultural Land Tribunals Rules, 1959.
(2) In these Rules, unless the context otherwise requires—
" 1947 Act " means the Agriculture Act, 1947;
" 1948 Act " means the Agricultural Holdings Act, 1948;
" 1954 Act " means the Agriculture (Miscellaneous Provisions) Act, 1954;
" 1958 Act " means the Agriculture Act, 1958;
" tribunal " means the Agricultural Land Tribunal for the area in which the agricultural holding which is the subject of an application, or the greater part of that holding, is situate;
" chairman " means the chairman of the tribunal or a person nominated under paragraph 16 (1) (a) or appointed under paragraph 16A of the Ninth Schedule to the 1947 Act to act as chairman;
" secretary " means the secretary of the tribunal.
(3) A Form referred to by number means the Form so numbered in the Appendix to these Rules.
(4) Any reference in these Rules to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or applied by any subsequent enactment.
FORM OF APPLICATION AND REPLY
Consent to operation of notices to quit
2.—(1) An application for the tribunal's consent to the operation of a notice to quit under section 24 of the 1948 Act which is made by the landlord before the giving of the said notice shall be made not more than twelve months and not less than three months before the commencement of the period of twelve months at the expiration of which the notice to quit is intended to have effect.
(2) An application for the tribunal's consent to the operation of a notice to quit under the said section 24 Act which is made by the landlord after service upon him by the tenant of a counter-notice under that section shall be made within one month of the service of the counter-notice.
(3) An application under this Rule shall be substantially in accordance with Form 1.
Certificates of bad husbandry
3. An application to the tribunal under section 27 of the 1948 Act for a certificate of bad husbandry shall be substantially in accordance with Form 2.
Variation or revocation of conditions
4. An application to the tribunal under subsection (6) of section 25 of the 1948 Act for a variation or revocation of any condition imposed by the tribunal under subsection (5) of that section shall be substantially in accordance with Form 3.
Enforcement of penalty for breach of conditions
5. An application by the Treasury Solicitor on behalf of the Crown under section 29 of the 1948 Act for the imposition of a penalty on a landlord for failure to comply with, or for breach of, a condition imposed by a tribunal under subsection (5) of section 25 of that Act shall be substantially in accordance with Form 4.
Directions to provide fixed equipment
6.—(1) An application by a tenant for the tribunal's direction under subsection (1) of section 4 of the 1958 Act for the provision, alteration or repair of fixed equipment shall be substantially in accordance with Form 5.
(2) An application by a landlord under subsection (4) of section 4 of the 1958 Act for the extension of the period specified in a direction under subsection (1) of that section shall be made in writing and shall state the grounds of the application.
Approval of long-term improvements
7.—(1) An application by a tenant under section 50 of the 1948 Act for the tribunal's approval of the carrying out of a long-term improvement shall be substantially in accordance with Form 6.
(2) An application to the tribunal under subsection (4) (b) of section 50 of the 1948 Act to determine whether a landlord who has given notice of his intention to carry out an improvement has failed to do so within a reasonable time shall be substantially in accordance with Form 7.
Treating agricultural holding as market garden
8. An application by a tenant under section 68 of the 1948 Act for the tribunal's direction that an agricultural holding shall be treated as a market garden shall be substantially in accordance with Form 8.
Restrictions on burning of heather or grass
9. An application by a tenant under section 21 of the Hill Farming Act, 1946(a), for the tribunal's direction under that section shall be substantially in accordance with Form 9.
Section 20 of the Mineral Workings Act, 1951
10. An application to the tribunal under subsection (2) (b) of section 21 of the 1947 Act to determine for the purposes of section 20 of the Mineral Workings Act, 1951(b), that some person should be treated as owner of the land other...
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