AGRICULTURE (MAINTENANCE, REPAIR AND INSURANCE OF FIXED EQUIPMENT) REGULATIONS, 1948.

JurisdictionUK Non-devolved
CitationSI 1948/184
Year1948

1948 No. 184

AGRICULTURE

(iv) Maintenance, Repair and Insurance of Fixed Equipment

THE AGRICULTURE (MAINTENANCE, REPAIR AND INSURANCE OF FIXED EQUIPMENT) REGULATIONS, 1948.

24thFebruary 1948

25thFebruary 1948

1stMarch 1948

10 & 11 Geo. 6. c. 48.

In pursuance of sub-section (1) of section thirty-seven of the Agriculture Act, 1947 (hereinafter called "the said Act"), and of all other powers enabling him in that behalf, the Minister of Agriculture and Fisheries (hereinafter called "the Minister"), after consultation with such bodies of persons as appear to him to represent the interests of landlords and tenants of holdings, hereby makes the following Regulations:—

1. The provisions set forth in the Schedule hereto relating to the maintenance, repair and insurance of fixed equipment, shall be deemed to be incorporated in every contract of tenancy of a holding, whether made before or after the commencement of Part III of the said Act, except in so far as they would impose on one of the parties to an agreement in writing a liability which under the agreement is imposed on the other:

13 & 14Geo. 5. c. 9.

Provided that where the interest of the landlord is held for the purposes of a Government department, or a person representing His Majesty or the Duke of Cornwall under sections forty-three to forty-five of the Agricultural Holdings Act, 1923, is deemed to be the landlord, or where the landlord has made provision approved by the Minister for defraying the cost of any such works of repair or replacement as are referred to in paragraph 2 of the Schedule hereto, the provisions of the said paragraph 2 requiring the landlord to insure against loss or damage by fire shall not apply.

52 & 53 Vict. c. 63.

2. The Interpretation Act, 1889, shall apply to the interpretation of Regulations as it applies to the interpretation of an Act of Parliament.

3.—(1) These Regulations may be cited as the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations, 1948, and apply to England and Wales.

(2) These Regulations shall come into operation on the first day of March, 1948.

In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this 24th day of February, nineteen hundred and forty-eight.

T. Williams.

(L.S.)

SCHEDULE

MAINTENANCE, REPAIR AND INSURANCE OF THE FIXED EQUIPMENT OF A HOLDING

PART I.—RIGHTS AND LIABILITIES OF THE LANDLORD(a)

1.—(1) To execute all repairs and replacements to the undermentioned parts of the farmhouse, cottages and farm buildings, namely: main walls and exterior walls, including walls of open and covered yards and garden walls (whether constructed of brick, stone, timber or other material) but excluding the interior covering of exterior walls save where such interior covering is affected by structural defect of the wall; roofs, including eaves-guttering and downpipes (tenant supplying straw and reed for thatching); and floors...

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