Agriculture Act 1986

1 (1) In this Schedule, except where the context otherwise requires or provision is made to the contrary— E+W+S

• “allocated quota” has the meaning given in paragraph 2(1) below;

• “holding” has the same meaning as in the 1986 Regulations;

• “landlord” means—

  (a)

  in the case of an agricultural holding to which [F1 the 1991 Act] applies, the landlord within the meaning of [F1 section 85(1)] of that Act;

  (b)

  in the case of a croft within the meaning of the 1955 Act, the landlord within the meaning of section 37(1) of that Act;

  (c)

  in the case of a holding within the meaning of the 1911 Act to which [F2 the 1991 Act]does not apply, the same as it means in the 1911 Act;

• “milk quota” means—

  (a)

  in the case of a tenant registered in the direct sales register maintained under the 1986 Regulations, a direct sales quota within the meaning of those Regulations; and

  (b)

  in the case of a tenant registered in the wholesale register maintained under those Regulations, a wholesale quota within the meaning of those Regulations;

• “registered”, in relation to milk quota, means—

  (a)

  in the case of direct sales quota within the meaning of the 1986 Regulations, registered in the direct sales register maintained under those Regulations; and

  (b)

  in the case of a wholesale quota within the meaning of those Regulations, registered in a wholesale register maintained under those Regulations;

• “relevant quota” has the meaning given in paragraph 2(2) below;

• “standard quota” means standard quota as calculated under paragraph 6 below;

• “tenancy” means, as the case may be—

  (a)

  the agricultural holding, within the meaning of section 1 of [F3 the 1991 Act];

  (b)

  the croft within the meaning of section 3(1) of the 1955 Act;

  (c)

  the holding within the meaning of section 2 of the 1911 Act;

  (d)

  the holding of a statutory small tenant under section 32 of the 1911 Act;

  (e)

  any part of a tenancy which is treated as a separate entity for purposes of succession, assignation or sub-letting;

• “tenant” means—

  (a)

  in the case of an agricultural holding to which [F4 the 1991 Act]applies, the tenant within the meaning of [F4 section 85(1)] of that Act;

  (b)

  in the case of a croft within the meaning of the 1955 Act, the crofter within the meaning of section 3(2) of that Act;

  (c)

  in the case of a holding within the meaning of the 1911 Act to which [F5 the 1991 Act]does not apply, the landholder within the meaning of section 2(2) of the 1911 Act;

• “tenant’s fraction” has the meaning given in paragraph 7 below;

• “termination” means the resumption of possession of the whole or part of the tenancy by the landlord by virtue of any enactment, rule of law or term of the lease which makes provision for removal of or renunciation by a tenant, or resumption of possession by a landlord, and in particular includes resumption of possession following—

  (a)

  vacancy arising under section 11(5) of the 1955 Act;

  (b)

  termination of a lease in pursuance of section 16(3) of the M1 Succession (Scotland) Act 1964;

• “transferred quota” has the meaning given in paragraph 2(2) below;

• “the 1886 Act” means the M2 Crofters Holdings (Scotland) Act 1886;

• “the 1911 Act” means the M3 Small Landholders (Scotland) Act 1911;

• “the 1949 Act” means the M4 Agricultural Holdings (Scotland) Act 1949;

• “the 1955 Act” means the M5 Crofters (Scotland) Act 1955;

• “the 1986 Regulations” means the M6 Dairy Produce Quotas Regulations 1986.

(2) For the purposes of this Schedule, the designations of landlord and tenant shall continue to apply to the parties to any proceedings taken under or in pursuance of it until the conclusion of those proceedings.

Textual Amendments

F1 Words in Sch. 2 para. 1(1) in the definition of "landlord" subpara. (a) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 48(a)(i)(with s. 45(3), Sch. 12 para. 3)

F2 Words in Sch. 2 para. 1(1) in the definition of "landlord" subpara. (c) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 48(a)(ii)(with s. 45(3), Sch. 12 para. 3)

F3 Words in Sch. 2 para. 1(1) in the definition of "tenancy" substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:1), ss. 88(1), 89(2), Sch. 11 para. 48(b)(with s. 45(3), Sch. 12 para. 3)

F4 Words in Sch. 2 para. 1(1) in the definition of "tenant" subpara. (a) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:1), ss. 88(1), 89(2), Sch. 11 para. 48(c)(i)(with s. 45(3), Sch. 12 para. 3)

F5 Words in Sch. 2 para. 1(1) in the definition of "tenant" subpara. (c) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:1), ss. 88(1), 89(2), Sch. 11 para. 48(c)(ii)(with s. 45(3), Sch. 12 para. 3)

Marginal Citations

M1 1964 c.41.

M2 1886 c.29.

M3 1911 c. 49.

M4 1949 c. 75.

M5 1955 c. 21.

M6 S.I. 1986/470.