Agriculture (Procedure of Agricultural Land Tribunals) Order, 1954
| Jurisdiction | UK Non-devolved |
| Citation | SI 1954/1138 |
| Year | 1954 |
1954 No. 1138
The Agriculture (Procedure of Agricultural Land Tribunals) Order, 195426thAugust 1954
31stAugust 1954
1stSeptember 1954
The Minister of Agriculture and Fisheries, in exercise of the powers conferred upon him by subsection (3) of section 73 of the Agriculture Act, 1947(a), and by section 6 of the Agriculture (Miscellaneous Provisions) Act, 1954(b), and of all other powers enabling him in that behalf, hereby makes the following Order:—
1.—(1) This Order may be cited as the Agriculture (Procedure of Agricultural Land Tribunals) Order, 1954, and shall come into operation on the first day of September, 1954.
(2) The Agriculture (Procedure of Agricultural Land Tribunals) Order, 1948(c), and the Agriculture (Procedure of Agricultural Land Tribunals) (No. 2) Order, 1948(d), are hereby revoked, but anything duly done or suffered under any provision of the said Orders prior to their revocation shall for the purpose of the application of this Order be deemed to have been duly done or suffered at that time under the corresponding provision of this Order.
2.—(1) In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
"applicant" means (except for the purpose of Article 21 of this Order) a person who is empowered by any of the provisions of the 1947 Act or the 1948 Act to require that a decision of the Minister or a proposal of the Minister to take any action shall be referred to the Tribunal, and has duly so required; and "application" has a corresponding meaning;
"Committee" means a County Agricultural Executive Committee established by the Minister under the provisions in that behalf of section 71 of the 1947 Act and the Ninth Schedule thereto;
"enactment" includes a provision in regulations or orders made under an Act;
"hearing" means a sitting of the Tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the Tribunal to reach a decision on a particular matter referred to them;
"Minister" means Minister of Agriculture and Fisheries;
"Tribunal" means any Agricultural Land Tribunal established under the provisions in that behalf of section 73 of the 1947 Act and the Ninth Schedule thereto as originally enacted or as amended by section 4 of the 1954 Act and the First Schedule thereto;
"1947 Act" means the Agriculture Act, 1947, and includes regulations and orders made thereunder;
(b) 2 & 3 Eliz. 2. c. 39.
(c) S.I. 1948/186 (Rev. I, p. 678: 1948 I, p. 13).
(d) S.I. 1948/2751 (Rev. I, p. 686: 1948 I, p. 20).
"1948 Act" means the Agricultural Holdings Act, 1948(a), and includes regulations and orders made thereunder;
"1954 Act" means the Agriculture (Miscellaneous Provisions) Act, 1954.
(2) Any reference in this Order to any enactment shall, except in so far as the contrary intention appears, be construed as a reference to that enactment as amended, extended or applied by any subsequent enactment.
(3) The Interpretation Act, 1889(b), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
3. As soon as may be practicable after service on the Secretary of a Committee of any request in writing that a decision of the Minister or a proposal of the Minister to take any action shall be referred to the Tribunal, the Secretary of the said Committee shall forward to the Secretary of the Tribunal a copy of the said request together with a copy of the Minister's notice to the applicant of his decision or proposal as aforesaid.
4. Within 21 days after service upon the Secretary of a Committee of any such request in writing as aforesaid, the Secretary of the said Committee shall forward to the Secretary of the Tribunal the documents specified in Part I of the First Schedule to this Order, and shall at the same time serve on the applicant the documents specified in Part II of the said Schedule, and shall at the same time serve the like documents on any other person who availed himself of an opportunity to make representations to the Minister afforded to him under the enactment relating to the subject-matter of the reference, together with a copy of the applicant's request in writing that the decision or proposal of the Minister be referred to the Tribunal.
5.—(1) Within 21 days after service upon the applicant of the aforesaid documents, the applicant may forward to the Secretary of the Tribunal a statement in writing of his reasons for requiring that the matter be referred to the Tribunal, and shall at the same time serve on the Secretary of the said Committee a copy of any such statement.
(2) The applicant shall attach to any such statement any documentary evidence or copy thereof, relative to his case, which is in his possession or which he can reasonably obtain, and shall attach a copy of any such documentary evidence as aforesaid to the copy statement to be served on the Secretary of the Committee, other than copies of documents sent, given or served at any time by the applicant to or on the Committee.
(3) A copy of any statement and any documents served by the applicant on the Secretary of the Committee under this Article shall be served by the Secretary of the Committee as soon as may be practicable, and in any case before the date fixed for the hearing, on any person (other than the applicant) entitled to be served with documents under Article 4 of this Order:
Provided that the Secretary of the Committee may comply with the requirements of this paragraph by affording to any such person a reasonable opportunity before the date fixed for the hearing of inspecting and taking a copy of any such statement and any such documents as aforesaid.
6.—(1) As soon as may be practicable after the expiration of the period of 21 days referred to in the last foregoing Article of this Order, the Chairman of the Tribunal shall fix a date and place for the hearing, and shall, not less than 10 clear days before the date fixed for the hearing, cause to be served upon the applicant, and upon any other person who availed himself of an opportunity to make representations to the Minister afforded to him under
(a) 11 & 12 Geo. 6. c. 63.
(b) 52 & 53 Vict. c. 63.
the enactment relating to the subject-matter of the reference, a notice in the form set out in the Second Schedule to this Order, or to the like effect, and shall at the same time cause to be sent a copy of such notice to the Secretary of the Committee.
(2) An applicant may at any time before the hearing give in writing to the Secretary of the Tribunal and to the Secretary of the Committee...
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