Agriculture Act 1970

44 Letting of smallholdings

(1) Any land held by a smallholdings authority for the purposes of smallholdings may be let by them as a smallholding in accordance with the following provisions of this section.

(2) Subject to subsection (3) of this section, no land shall be so let except to a person who is to farm the holding and either—

(a) is regarded by the authority as being qualified by reason of his agricultural experience to farm the holding on his own account, or

(b) is a person in respect of whom the authority are satisfied that within a reasonably short time he will become eligible to be so regarded.

(3) Notwithstanding anything in subsection (2) of this section, a smallholdings authority may let land under this section as a smallholding, or as part of a group of two or more smallholdings, to two or more persons proposing to farm the land together on a co-operative system if, having regard to the aggregate agricultural experience of those persons, the authority are satisfied that they are, or will within a reasonably short time become, qualified to farm the land together on such a system on their own account.

(4) Subject to subsection (5) of this section, a smallholdings authority shall not under this section—

(a) let any holding resulting from such an enlargement or amalgamation as is mentioned in section 40(2)(a) of this Act, or

(b) create any new smallholding,

unless the enlargement or amalgamation, or the creation of a new smallholding, as the case may be, is in accordance with proposals which have been approved by the Minister and are for the time being in force under the preceding provisions of this Part of this Act.

(5) Subsection (4) of this section shall not apply to the letting of any holding, or the creation of a new smallholding, if—

(a) the letting or creation is effected by the smallholdings authority with the consent in writing of the Minister, and

(b) that consent is given before any proposals have been submitted by the authority under section 40 of this Act or before any proposals so submitted by the authority have been approved by the Minister.

(6) Regulations made by the Ministers may make provision as to the selection of tenants to whom land may be let under this section, and in particular—

(a) may specify requirements (whether as to agricultural experience or otherwise) to be fulfilled by persons to whom land is to be let under this section, and

(b) may require smallholdings authorities, before letting land under this section, to take such preparatory steps as may be prescribed by the regulations.