Agricultural Land Tribunals (Rules) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/259 |
| Year | 1978 |
1978 No. 259
AGRICULTURE
The Agricultural Land Tribunals (Rules) Order 197827thFebruary 1978
6thMarch 1978
7thApril 1978
The Lord Chancellor, in exercise of the powers conferred on him by section 73(3) and (4) of the Agriculture Act 1947 (a), as amended (b), section 50(3) of the Agricultural Holdings Act 1948 (c) as amended (d) and section 6(4) and (6) of the Agriculture (Miscellaneous Provisions) Act 1954 (e), as amended (f), and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971 (g), hereby makes the following Order:—
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Agricultural Land Tribunals (Rules) Order 1978 and shall come into operation on 7th April 1978.
(2) The Interpretation Act 1889 (h) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
Rules of procedure
2. The Rules set out in Schedule 1 to this Order shall apply for the purposes of proceedings before Agricultural Land Tribunals other than proceedings arising from any application made under Part II of the Agriculture (Miscellaneous Provisions) Act 1976 (j).
Amendment of other rules
3. The Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1976 (k) shall be amended to the extent shown in Schedule 2 to this Order.
(a) 1947 c.48.
(b) by section 8(1) of and paragraph 3 of Schedule 1 to the Agriculture Act 1958 (c. 71).
(c) 1948 c.63.
(d) by section 8(1) of and paragraph 15 of Schedule 1 to the Agriculture Act 1958.
(e) 1954 c.39.
(f) by section 8(1) of and paragraph 27 of Schedule 1 to the Agriculture Act 1958.
(g) 1971 c.62.
(h) 1889 c.63.
(j) 1976 c.55.
(k) S.I. 1976/2183.
Revocation of orders
4.—(1) The Agricultural Land Tribunals and Notices to Quit Order 1959 (a),
the Agricultural Land Tribunals (Amendment) Order 1959 (b),
the Agricultural Land Tribunals (Amendment) Order 1961 (c), and
the Agricultural Land Tribunals (Amendment) Order 1974 (d)
are hereby revoked except to such extent as may be necessary for the disposal of an application pending at the commencement of this Order.
(2) The Agriculture (Procedure of Agricultural Land Tribunals) Order 1954 (e) (which was revoked with a saving in 1959) shall continue to have effect for the purpose of references to an Agricultural Land Tribunal under section 86 of the Agriculture Act 1947.
Elwyn-Jones, C.
Dated 27th February 1978.
(a) S.I. 1959/81.
(b) S.I. 1959/359.
(c) S.I. 1961/1755.
(d) S.I. 1974/67.
(e) S.I. 1954/1138.
SCHEDULE 1
RULES OF PROCEDURE FOR AGRICULTURAL LAND TRIBUNALS
ARRANGEMENT OF RULES
Rule
PRELIMINARY
1. Citation and interpretation.
FORM OF APPLICATION
2. Consent to operation of notice to quit.
3. Postponement of operation of notice to quit.
4. Certificate of bad husbandry (Case C).
5. Variation or revocation of conditions.
6. Directions relating to fixed equipment.
7. Approval of long-term improvements.
8. Treating agricultural holding as market garden.
9. Restrictions on burning of heather or grass.
10. Section 20(5) of the Mineral Workings Act 1951.
11. Applications under Land Drainage Act 1976.
PARTIES ETC.
12. Persons affected to be parties.
13. Sub-tenancies.
14. Joinder of parties.
FORM OF REPLY
15. Reply.
GENERAL PROVISIONS AS TO APPLICATIONS AND REPLIES
16. Application, reply and supporting documents.
17. Service of documents by secretary.
18. Withdrawal of application or reply.
PREPARATION FOR HEARING
19. Interlocutory applications.
20. Disclosure of documents.
21. Minister's report in drainage cases.
22. Summary determination in drainage cases.
23. Notice of hearing.
THE HEARING
24. Tribunal to sit in public.
25. Right of audience.
26. Procedure at hearing.
27. Default of appearance.
EVIDENCE
28. Evidence.
29. Witnesses.
30. Inspection of land.
THE DECISION
31. Decision of tribunal.
32. Variation of order in drainage cases.
REFERENCE TO HIGH COURT
33. Request under section 6 of Agriculture (Miscellaneous Provisions) Act 1954.
34. Modification of tribunal's decision following High Court proceedings.
SUPPLEMENTAL
35. Mode of service.
36. Substituted service.
37. Extension of time.
38. Failure to comply with rules.
APPENDIX
FORMS
PRELIMINARY
Citation and interpretation
1.—(1) These Rules may be cited as the Agricultural Land Tribunals Rules 1978.
(2) In these Rules, unless the context otherwise requires—
"the 1948 Act" means the Agricultural Holdings Act 1948;
"the 1977 Act" means the Agricultural Holdings (Notices to Quit) Act 1977 (a);
"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 Agriculture Act 1947 to act as chairman;
"drainage case" means proceedings on an application under section 40 or 41 of the Land Drainage Act 1976 (b);
"secretary" means the secretary of the tribunal;
"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.
(3) A form referred to by number means the form so numbered in the Appendix to these Rules, or a form substantially to the like effect, with such variations as the circumstances may require.
(4) Any reference in these Rules to any rule or enactment shall, unless the context otherwise requires, be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.
(5) Expressions defined in or used for the purposes of the 1977 Act have the same meaning in these Rules.
FORM OF APPLICATION
Consent to operation of notice to quit
2.—(1) An application for the tribunal's consent to the operation of a notice to quit under section 2(1) of the 1977 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 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 section 2(1) or 4(2) or (3) of the 1977 Act which is made by the landlord after service upon him by the tenant of a counter-notice shall be made within one month of the service of the counter-notice.
(3) An application under this rule shall be made in form 1.
Postponement of operation of notice to quit
3. An application under Article 12(1) of the Agricultural Holdings (Arbitration on Notices) Order 1978(c) to postpone the termination of a tenancy shall,
(a) 1977 c.12.
(b) 1976 c.70.
(c) S.I. 1978/257.
unless made at the hearing of the proceedings before the tribunal on an application under the 1977 Act, be made in form 2.
Certificate of bad husbandry (Case C)
4. An application under section 2(4) of the 1977 Act shall be made in form 3.
Variation or revocation of conditions
5. An application under section 3(5) of the 1977 Act shall be made in form 4.
Directions relating to fixed equipment
6.—(1) An application under section 4(1) of the Agriculture Act 1958 (a) for a direction for the provision, alteration or repair of fixed equipment shall be made in form 5.
(2) An application under section 4(4) of the Agriculture Act 1958 for the extension of the period specified in a direction under section 4(1) shall be made in writing and shall state the grounds of the application.
Approval of long-term improvements
7.—(1) An application under section 50(1) of the 1948 Act for the tribunal's approval of the carrying out of a long-term improvement shall be made in form 6.
(2) The time within which a landlord may serve a notice under section 50(3) 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 tribunal's approval of the carrying out of the improvement.
(3) An application under section 50(4)(b) of the 1948 Act for a determination that the landlord has failed to carry out an improvement within a reasonable time shall be made in form 7.
Treating agricultural holding as market garden
8. An application under section 68 of the 1948 Act for a direction that an agricultural holding shall be treated as a market garden shall be made in form 8.
Restrictions on burning of heather or grass
9. An application under section 21 of the Hill Farming Act 1946 (b) for a direction shall be made in form 9.
Section 20(5) of the Mineral Workings Act 1951
10.—(1) An application under section 21(2)(b) of the Agriculture Act 1947 as it applies for the purposes of section 20(5) of the Mineral Workings Act 1951 (c) for a determination that some person should be treated as owner of the land other than the person who would be so treated apart from the determination shall be made in form 10.
(a) 1958 c.71.
(b) 1946 c.73.
(c) 1951 c.60.
(2) Any person who is specified in an application under paragraph (1) as being affected by the determination shall be a party to the proceedings on the application for the purposes of these Rules.
Applications under Land Drainage Act 1976
11.—(1) An application under section 40 or 41 of the Land Drainage Act 1976 for an order requiring the carrying out of work for putting a ditch in proper order or authorising the applicant to carry out drainage work on land shall be made in form 11.
(2) Without prejudice to rule 12(1), on any application under section 40 of the Land Drainage Act 1976, the occupier of any land which may be entered in pursuance of the order shall be a party to the application.
(3) Without prejudice to rule 12(1), on any application under section 41 of the Land Drainage Act 1976, the owner of any land on which it is proposed that any work should be carried out and the occupier of any land which may be entered in pursuance of the order shall be parties to the application.
(4) Where, on the hearing of an application under section 40, the applicant states that he desires also to apply under...
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