Agriculture Act 1986

Succession to lease of tenancy E+W+S

3 (1) This paragraph applies where a person (the successor) has acquired right to the lease of the tenancy after 2nd April 1984— E+W+S

(a) under section 16 of the M1 Succession (Scotland) Act 1964;

(b) as a legatee, under [F1 section 11 of the 1991 Act] or under section 16 of the 1886 Act;

(c) under a bequest of a croft under section 10 of the 1955 Act, or following nomination under section 11 of that Act;

(d) under a lawful assignation of the lease,

and the person whom he succeeded or, as the case may be, who assigned the lease to him is described in this paragraph as his “predecessor”.

(2) Where this paragraph applies—

(a) any milk quota allocated or transferred to the predecessor (or treated as having been allocated or transferred to him) in respect of the tenancy shall be treated as if it had been allocated or transferred to his successor;

(b) where, under (a) above, milk quota is treated as having been transferred to the successor, he shall be treated as if he had paid so much of the cost of the transaction by virtue of which the milk quota was transferred as his predecessor bore (or is treated as having borne).

Textual Amendments

F1 Words in Sch. 2 para. 3(1)(b) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para.49(with s. 45(3), Sch. 12 para. 3)

Marginal Citations

M1 1964 c. 41.