The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

Agriculture Act 1967

78.—(1) Section 49 of the Agriculture Act 1967(1) (control of sale of certain land) is amended as follows.

(2) In subsection (8)—

(a) in paragraph (a) for “Lands Tribunal” substitute “appropriate tribunal”; and

(b) for the words from “For the purposes of this subsection” to “has not expired.” substitute—

“For the purposes of paragraph (a) “appropriate tribunal” means—

(i) in relation to England and Wales, the Upper Tribunal;

(ii) in relation to Scotland, the Lands Tribunal for Scotland.”.

(3) After subsection (8) insert—

“(8A) For the purposes of subsection (8)(a) a claim shall not be deemed to be fully determined so long as—

(a) in relation to a decision of the Upper Tribunal, the time for applying for permission to appeal to the Court of Appeal, or for applying for permission to appeal from the decision of the Court of Appeal on such an appeal, has not expired; or

(b) in relation to a decision of the Lands Tribunal for Scotland, the time for requiring the tribunal to state a case with respect thereto, or for appealing from any decision on the points raised by a case so stated, has not expired.”.

(4) Omit subsection (12).

(1)

1967 c.22.