Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1976
| Jurisdiction | UK Non-devolved |
1976 No. 2183
AGRICULTURE
The Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 197617thDecember 1976
31stDecember 1976
4thJanuary 1977
The Lord Chancellor, in exercise of the powers conferred on him by section 73(3) of the Agriculture Act 1947(a), as amended(b), and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971(c), hereby makes the following Order:—
1.—(1) This Order may be cited as the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1976 and shall come into operation on 4th January 1977.
(2) 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 rules set out in the Schedule to this Order shall apply to any proceedings before Agricultural Land Tribunals arising from any application made under Part II of the Agriculture (Miscellaneous Provisions) Act 1976(e) and, accordingly, article 5 of the Agricultural Land Tribunals and Notices to Quit Order 1959(f), as amended(g), (which applies the general rules in that Order to the conduct of proceedings before Agricultural Land Tribunals) shall have effect subject to this Article.
Dated 17th December 1976.
Elwyn-Jones, C.
(a) 1947 c. 48.
(b) By section 8(1) of and paragraph 3 of Schedule 1 to the Agriculture Act 1958 (c. 71).
(c) 1971 c. 62.
(d) 1889 c. 63.
(e) 1976 c. 55.
(f) S.I. 1959/81 (1959 I, p. 91).
(g) S.I. 1959/359, 1961/1755, 1972/1207, 1974/67 (1959 I, p.118; 1961 III, p. 3402; 1972 II, p. 3582; 1974 I, p. 216).
SCHEDULE
RULES OF PROCEDURE FOR AGRICULTURAL LAND TRIBUNALS UNDER PART II OF THE AGRICULTURE (MISCELLANEOUS PROVISIONS) ACT 1976
ARRANGEMENT OF RULES
Rule
PRELIMINARY
1. Citation and interpretation.
FORMS OF APPLICATION AND REPLY
2. Application by eligible person or by person wishing to be treated as eligible person.
3. Landlord's application for consent to operation of notice to quit.
4. Notice of application.
5. Landlord's reply.
6. Applicant's reply to landlord's application.
7. Applicant's reply to other applications under rule 2(1).
PARTIES, ETC.
8. Applications to be heard together, and parties.
GENERAL PROVISIONS AS TO APPLICATIONS AND REPLIES
9. Service of documents by secretary.
10. Application of principal rules relating to applications and replies.
HEARINGS
11. Date and place of hearing.
12. Duty to adjourn part of hearing.
13. Application of principal rules relating to hearing.
FURTHER PROVISIONS RELATING TO HEARINGS
14. Sanctions for failure to reply.
15. Procedure at hearing in case of sole applicant.
16. Procedure at hearing in case of multiple applicants where designation is claimed.
17. Procedure at hearing in case of multiple applicants where designation is not claimed.
18. Further provisions relating to notice to quit.
19. Application of principal rules relating to evidence, decisions, etc.
Appendix—Forms.
Citation and interpretation
1.—(1) These Rules may be cited as the Agricultural Land Tribunals (Succession) Rules 1976.
(2) In these Rules, unless the context otherwise requires—
"the 1976 Act" means the Agriculture (Miscellaneous Provisions) Act 1976;
"applicant" means a person who has made an application under rule 2(1);
"designated applicant" means an applicant who has been validly designated by the deceased in accordance with section 20(10) of the 1976 Act;
"holding" means a holding in respect of which an application under rule 2(1) is made;
"landlord" means the landlord of the holding;
"the relevant period" means—
(a) where the deceased died on or after 1st January 1977, the period of three months beginning with the day after the date of death;
(b) where the deceased died after 14th November 1976 but before the end of 1976, the period of three months beginning with 1st January 1977;
"the principal rules" means the Agricultural Land Tribunals Rules 1959;
expressions defined by the principal rules have the same meanings as in the principal rules;
expressions defined for the purposes of, or of any provision in, sections 18 to 23 of the 1976 Act (notably in sections 18(1), (2) (other than the expression "the relevant period") and (7), 20(10) and 23(2)) have the same meanings as for the purposes of any such section or provision; any reference to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.
(3) A rule referred to by number means the rule so numbered in these Rules and 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.
FORMS OF APPLICATION AND REPLY
Application by eligible person or by person wishing to be treated as eligible person
2.—(1) An application to the tribunal under section 20 of the 1976 Act for a direction entitling the applicant to a tenancy of an agricultural holding shall be made in Form 1.
(2) Any person who wishes to apply to the tribunal under section 21 of the 1976 Act for a determination that he is to be treated as an eligible person must make his application at the same time as he makes an application under section 20 of the 1976 Act, and in the same Form.
(3) An application made under this rule shall not be entertained by the tribunal if it is not made within the relevant period.
Landlord's application for consent to operation of notice to quit
3.—(1) An application by the landlord under section 22 of the 1976 Act for the tribunal's consent to the operation of a notice to quit shall be in Form 2 and, subject to paragraphs (3) and (4), may be made at any time after the landlord has received notice of an application under rule 2(1).
(2) Where the landlord bases his application under section 22 of the 1976 Act on the ground of hardship to a person or persons other than himself, he shall give particulars in his application of that person or those persons and of the hardship on which he relies.
(3) Where, at the expiry of the relevant period, only one application under rule 2(1) in respect of the holding is pending, any application by the landlord must be made within one month after the expiry of the relevant period.
(4) Where, at the expiry of the relevant period, more than one application under rule 2(1) in respect of the holding is pending, any application by the landlord must be made within one month after the date on which the number of such applications which are pending is reduced to one or within one month after such earlier date as the tribunal may direct.
(5) The secretary shall forthwith inform the landlord of the start of any period of one month under this rule.
Notice of application
4.—(1) An applicant shall at the time of making his application serve notice of the application in Form 3 on the landlord and on any person who, to the knowledge of the applicant, has made or may be able to make an application under rule 2(1), and shall inform the tribunal in his application of the name and address of every person to be notified by him.
(2) The applicant shall also inform the tribunal in his application of the name and address of—
(a) the personal representatives of the deceased, or, if a grant of probate or of letters of administration has not been made, any person who appears to be responsible for the management of the holding on behalf of the deceased's estate;
(b) any other person who to the knowledge of the applicant may be interested in the outcome of the application,
and in each case shall give the tribunal an indication of the nature of that person's interest in the outcome of the application.
Landlord's reply
5. A landlord who intends to oppose the whole or any part of an application under rule 2(1) shall, within one month after a copy of the application has been served on him, reply thereto in Form 1R (which is the form appended to the copy of the application served on him).
Applicant's reply to landlord's application
6. An applicant who intends to oppose an application to the tribunal under rule 3 shall, within one month after a copy of the application has been served on him, reply thereto in Form 2R (which is the form appended to the copy of the application served on him).
Applicant's reply to other applications under rule 2(1)
7.—(1) An applicant who intends to oppose any application under rule 2(1) by any other person shall, within one month after the expiry of the relevant period, reply to that or those applications in Form 4.
(2) Any request by two, three or four applicants for the consent of the landlord to a direction entitling them to a joint tenancy of the holding under section 20(9) of the 1976 Act may be made in the reply of each of them under this rule.
PARTIES, ETC.
Applications to be heard together, and parties
8. Subject to the following provision of these Rules, all applications under rule 2(1) or (2) in respect of any particular holding which are made within the relevant period, and any applications in respect thereof by the landlord, shall be heard and determined together as if each of them other than the first had been made by a party in the course of the proceedings on the first of them to be made, and, accordingly, there shall be parties to the proceeding on each application by an applicant—
(a) that applicant,
(b) the landlord, and
(c) any other applicant whose application was made within the relevant period and is still pending.
GENERAL PROVISIONS AS TO APPLICATIONS AND REPLIES
Service of documents by secretary
9.—(1) As soon as possible after receiving from any person any document under rule 2, 3, 5, 6 or 7 the secretary shall serve one copy thereof on every other person who, in accordance with rule 8, is a party to the proceedings on that application.
(2) As soon as possible after any fresh application under rule 2(1) is made in respect of a holding, the secretary shall serve on the fresh applicant one...
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