An Act to amend the Agriculture Act, 1947, the Agricultural Holdings Act, 1948, the Agriculture (Scotland) Act, 1948, and the Agricultural Holdings (Scotland) Act, 1949; to require the landlord of an agricultural holding in certain cases to provide, repair or alter fixed equipment on the holding; to amend Part II of the Landlord and Tenant Act, 1954, as to tenancies of agricultural land excluded therefrom; to amend the Schedule to the Corn Production Acts (Repeal) Act, 1921, and section twenty-one of the Hill Farming Act, 1946; and for purposes connected with the matters aforesaid.
[1st August 1958]
Modifications etc. (not altering text)
C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Commencement Information
I1Act wholly in force at Royal Assent.
(1)So much of Part II of the M1Agriculture Act, 1947 (in this Act referred to as “the Act of 1947”) as provides for supervision orders, and for the giving of directions to and the dispossession of owners or occupiers on grounds of bad estate management or bad husbandry, that is to say sections twelve to twenty of that Act, shall cease to have effect, and all entries in the register of local land charges relating to supervision orders shall, as soon as may be after the passing of this Act, be deleted.
(2)So much of Part II of the M2Agriculture (Scotland) Act, 1948 (in this Act referred to as “the Scottish Act of 1948”) as provides for warning notices, and for the giving of directions to and the dispossession of owners or occupiers on grounds of bad estate management or bad husbandry, that is to say sections twenty-seven to thirty-four of that Act, shall cease to have effect.
Textual Amendments
F1S. 2 repealed (S.) by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s. 6, Sch. 2 and (E.W.) by Agricultural Holdings Act 1984 (c. 41), s. 10(2), Sch. 4
Textual Amendments
F2S. 3 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12, SIF 2:3), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978) and expressed to be repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
Textual Amendments
The functions conferred on the Minister in relation to Agricultural Land Tribunals by section seventy-three of the Act of 1947 shall be exercisable by the Lord Chancellor and not by the Minister, so however that the duty of providing the said Tribunals with the necessary officers and servants and of paying salaries, fees and allowances shall remain with the Minister.
(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(4),(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F4S. 6(1)(2) repealed with savings by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3
Textual Amendments
F7S. 7 repealed by Weeds Act 1959 (c. 54), Sch.
(1)The enactments specified in Part I of the First Schedule to this Act (being enactments applying to England and Wales) and the enactments specified in Part II of that Schedule (being enactments applying to Scotland) shall have effect subject to the amendments specified in that Schedule, being minor amendments or amendments consequential on the foregoing provisions of this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
(1)In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say —
“Act of 1947” means the M3Agriculture Act, 1947;
“Act of 1948” means the M4Agricultural Holdings Act, 1948;
“agricultural holding”, . . . F9as respects Scotland has the meaning assigned to it by section one of the Scottish Act of 1949;
“the appointed day” means such day as the Minister or, in relation to Scotland, the Secretary of State, may by order made by statutory instrument appoint, and different days may be appointed by such orders in relation to different provisions of this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
“Land Court” means the Scottish Land Court;
“landlord” and “tenant”, . . . F9as respects Scotland have the meanings assigned to them by section ninety-three of the Scottish Act of 1949;
“lease”, as respects Scotland, means a letting of land for a term of years, or for lives, or for lives and years, or from year to year;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“Scottish Act of 1948” means the M5Agriculture (Scotland) Act, 1948;
“Scottish Act of 1949” means the M6Agricultural Holdings (Scotland) Act, 1949.
(2)References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that exactment as amended by or under any other enactment, including this Act.
Textual Amendments
F9Words repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1
Marginal Citations
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(2)The repeal by virtue of this Act of provisions contained in Part II of the Act of 1947 shall not affect the operation of section ninety-five of that Act (which applies certain of those provisions for the purposes of special directions to secure production).
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
(4)The repeal by virtue of this Act of provisions contained in Part II of the Scottish Act of 1948 shall not affect the operation of section thirty-five of that Act (in relation to which certain of those provisions have effect for the purposes of special directions to secure production).
(5)The repeal by virtue of this Act of section seventy-one of the Scottish Act of 1948 shall not affect the operation of subsection (6) of section twenty-one of the M7Crofters (Scotland) Act, 1955 (which applies the provisions of the said section seventy-one to the reference to the Land Court of certain proposals of the Crofters Commission) or the power of the Secretary of State to make regulations under the said section as so applied.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(7)The transitional provisions set out in the Fourth Schedule to this Act shall have effect.
Textual Amendments
F11S. 10(3) repealed (with saving) by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 4(1)(7), 10, Sch. 2
Marginal Citations
(1)This Act may be cited as the Agriculture Act, 1958.
(2)This Act . . . F13 shall not extend to Northern Ireland.
Textual Amendments
F13Words repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), s. 10(2), Sch. 3
Section 8.
Textual Amendments
1E+W+SOn the appointed day, in section twenty-one (which empowers the Minister to avoid or relax covenants in leases prohibiting or restricting the burning of heather or grass), the following subsections shall be substituted for subsection (1)—
“ (1) Where the lease of the land in England or Wales contains a covenant, condition or agreement whereby the burning of heather or grass by the tenant is prohibited or restricted, the Agricultural Land Tribunal, on an application by the tenant, may if it appears to them that the covenant, condition or agreement is preventing or impeding the proper use for agricultural purposes of the land comprised in the lease or any of that land and that it is expedient in all the circumstances so to do, give such directions for avoiding or relaxing the covenant or agreement as they think fit. ”
Modifications etc. (not altering text)
C2The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
2E+W+SSection fifty-three (which empowers the Minister, where it appears to him that a smallholdings authority have failed to fulfil their responsibilities to manage in accordance with the rules of good estate management land held by them for the purposes of smallholdings, to direct the authority to carry out certain work on the land) shall cease to have effect.
Modifications etc. (not altering text)
C3The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
3E+W+SIn section seventy-three (which provides for the establishment, constitution and procedure of Agricultural Land Tribunals)—
(a)for references to the Minister there shall be substituted references to the Lord Chancellor;
(b)in subsection (1), for the words “determining matters referred to them under this Act” there shall be substituted the words “ hearing and determining references and applications made to them under any enactment ”;
(c)in subsection (3), the following paragraph shall be inserted after the words “and in particular—” —
“(aa) as to the manner in which applications are to be made to the Tribunals and the time within which they are to be made;”
and paragraph (c) shall be omitted;
(d)in subsection (4), the words “ or application ” shall be inserted after the word “reference”; and
(e)after the subsection (4) there shall be inserted the following subsection—
“(5)An Agricultural Land Tribunal may, for the purpose of hearing and determining applications and references made to them under any enactment, sit in two or more divisions, and, in relation to the hearing and determination of any such applications or reference by such a division, that division shall be deemed to be the Tribunal.”
Modifications etc. (not altering text)
C4The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
4E+W+SIn relation to Agricultural Land Tribunals, section seventy-five (which provides for the case where land lies partly in the area of one such tribunal and partly in the area of another) shall have effect (except as respects a reference to such a tribunal under section eighty-five or section eighty-six of the Act of 1947) as if, for the reference therein to the Minister, there were substituted a reference to the Lord Chancellor.
5(1)The Ninth Schedule shall be amended in accordance with the following provisions of this paragraph.E+W+S
(2)The following paragraphs shall be substituted for paragraphs 13 to 16—
“13(1)The Lord Chancellor shall appoint a chairman for each Agricultural Land Tribunal, who shall be a barrister or solicitor of not less than seven years’ standing.
(2)The chairman shall hold office for three years, and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.
(3)The chairman may resign his office by notice in writing to the Lord Chancellor.
(4)If the Lord Chancellor is satisfied that the Chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or if the chairman is adjudged bankrupt or makes a compositionor arrangement with his creditors, the Lord Chancellor may revoke the appointment of the chairman.
14The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of deputy-chairman, who shall be barristers or solicitors off not less than seven years’ standing.
15(1)The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of persons appearing to him to represent the interests of farmers and a panel of persons appearing to him to represent the interests of owners of agricultural land.
(2)Subject to the following sub-paragraph, the persons to be placed on either panel shall be selected by the Lord Chancellor from nominations made at his request by persons appearing to him to represent the interests of farmers or owners of agricultural land, as the case may be.
(3)The last foregoing sub-paragraph shall not prevent the Lord Chancellor from placing on either of the panels a person not nominated in accordance with that sub-paragraph, if the persons requested to make the nominations for that purpose do not make the required number of nominations, or the nominations they make do not include enough persons who appear to the Lord Chancellor to be suitable.
16(1)For each hearing by an Agricultural Land Tribunal of an application or reference thereto the members of the Tribunal shall be—
(a)the chairman, or a person nominated from the panel of deputy-chairmen (whether for that Tribunal or for any other Agricultural Land Tribunal) or from the chairmen of other Agricultural Land Tribunals, and
(b)one person nominated by the chairman from each of the panels for that Tribunal drawn up under the last foregoing paragraph or from a corresponding panel for any other Agricultural Land Tribunal.
(2)The chairman may, if it appears to him expedient so to do, nominate two assessors to be added to the Tribunal for the hearing of an application or reference thereto in order to assist the Tribunal in the hearing.
(3)The assessors shall be selected by the chairman from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors
16AIf the chairman of an Agricultural Land Tribunal is prevented by sickness or any other reason from making nominations under sub-paragraphs (1) and (2) of the last foregoing paragraph or from otherwise discharging the duties of his office, those duties may be discharged by a person appointed from the panel of deputy-chairmen for that Tribunal by the chairman or, if the chairman is unable to make the appointment, by the Lord Chancellor.”
(3)In paragraph 17, for the reference to the Minister there shall be substituted a reference to the Lord Chancellor.
(4)Paragraph 18 shall cease to have effect.
Modifications etc. (not altering text)
C5The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
6—7E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
F15Sch. 1 paras. 6, 7, 14–18, 20, 21 and Sch. 4 paras. 5, 9, 11 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1
8E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
Textual Amendments
F16Sch. 1 paras. 8, 19, 23, 24 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978)
9E+W+SOn the appointed day, in section twenty-five—
(a)subsections (2) to (4) shall cease to have effect;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Textual Amendments
F17Sch. 1 paras. 9(b)(c), 10, 11, 13 repealed (with saving) by Agricultural (Notices to Quit) Act 1977 (c. 12), s. 14, Sch. 2
Modifications etc. (not altering text)
C6The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
10—11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F18Sch. 1 paras. 9(b)(c), 10, 11, 13 repealed (with saving) by Agricultural (Notices to Quit) Act 1977 (c. 12), s. 14, Sch. 2
12E+W+SSection twenty-eight (which empowers the Minister to give the tenant of an agricultural holding, being a holding in respect of which a certificate of bad husbandry under section twenty-four of the Act of 1948 is in force, directions for securing that the holding does not further deteriorate before the termination of the tenancy) shall cease to have effect.
Modifications etc. (not altering text)
C7The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
13E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Textual Amendments
F19Sch. 1 paras. 9(b)(c), 10, 11, 13 repealed (with saving) by Agricultural (Notices to Quit) Act 1977 (c. 12), s. 14, Sch. 2
14—18E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
Textual Amendments
F20Sch. 1 paras. 6, 7, 14–18, 20, 21 and Sch. 4 paras. 5, 9, 11 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1
19E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Textual Amendments
F21Sch. 1 paras. 8, 19, 23, 24 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978)
20, 21E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
Textual Amendments
F22Sch. 1 paras. 6, 7, 14–18, 20, 21 and Sch. 4 paras. 5, 9, 11 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1
22E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
Textual Amendments
23, 24E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
Textual Amendments
F24Sch. 1 paras. 8, 19, 23, 24 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978)
25E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Textual Amendments
F25Sch. 1 para. 25 and Sch. 4 paras. 6–8, 13(d)(e) repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. XIX
26E+W+SIn section five, in subsection (1) (which empowers an Agricultural Land Tribunal to award costs against a person concerned in a reference to them who has acted frivolously, vexatiously or oppressively), after the word “reference” in each place where it occurs there shall be inserted the words “ or application ”.
Modifications etc. (not altering text)
C8The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
27E+W+SIn section six—
(a)subsection (3) (which entitles the Minister to appear and be heard on a reference or application to the High Court in respect of a question of law arising in the course of proceedings before an Agricultural Land Tribunal) shall cease to have effect; and
(b)the power to make orders conferred by subsection (6) shall be exercisable by the Lord Chancellor and not by the Minister.
Modifications etc. (not altering text)
C9The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
28E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
Textual Amendments
29E+W+SSubsection (1) of section forty-three shall have effect, and be deemed always to have had effect, as if, at the end of paragraph (a) thereof, there were inserted the words “ or a tenancy which would be a tenancy of an agricultural holding if the proviso to subsection (1) of section two of the Agricultural Holdings Act, 1948, did not have effect or, in a case where the approval of the Minister of Agriculture, Fisheries and Food was given as mentioned in the said subsection (1), if that approval has not been given ”.
Modifications etc. (not altering text)
C10The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F27Sch. 1 repealed (S.)(25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
Textual Amendments
F28Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I(with s. 45(3), Sch. 12 paras. 1, 3)
F2930E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F3031E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F3132E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F3233E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F3334E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F3435E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F3536E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F3637E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F3738E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F3839E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F38Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F3940E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F4041E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F4142E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F41Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F4243E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F42Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F4344E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F43Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I (with s. 45(3), Sch. 12 paras. 1, 3)
F4445E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F44Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
F4546E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 PartI (with s. 45(3), Sch. 12 paras. 1, 3)
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Textual Amendments
F46Sch. 2 and Sch. 3 repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII
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Textual Amendments
F47Sch. 2 and Sch. 3 repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII
Section 10.
1E+W+SWhere, by virtue of any provision of the First Schedule to this Act, any functions of the Minister under an enactment referred to in that provision fall to be exercised after the coming into operation thereof by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, anything done in the exercise of those functions, in so far as it has effect immediately before the coming into operation of that provision shall, subject to the provisions of this Schedule, continue to have effect thereafter as if done by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, as the case may be, under the said enactment as amended by this Act.
2E+W+SNotwithstanding the repeal by this Act of section fourteen of the Act of 1947—
(a)a direction given by the Minister under paragraph (a) of subsection (1) of that section which is in force immediately before the passing of this Act shall continue in force, and the provisions of the Act of 1947 applicable for the purposes of such a direction shall continue to apply for those purposes notwithstanding the repeal by this Act of any of those provisions;
(b)the right conferred on the Minister by subsection (5) of the said section fourteen to recover the reasonable cost of work carried out before the passing of this Act in the exercise of powers conferred by that subsection shall continue to be exercisable, and subsection (6) of that section shall continue to apply in relation to disputes as to the reasonable cost of such work; and
(c)the Second Schedule to the Act of 1947 shall continue to apply as respects a direction given under the said section fourteen.
3E+W+SNotwithstanding the repeal by this Act of section fifteen of the Act of 1947, subsection (6) of that section shall continue to have effect as respects the right of a tenant to compensation for an improvement carried out before the passing of this Act.
4(1)This paragraph shall apply where, immediately before the passing of this Act, the Minister was in possession of land under section eighteen of the Act of 1947.E+W+S
(2)In this paragraph—
“the landlord” has the same meaning as in the said section eighteen;
“the landlord’s agreement” means the agreement, if any, regulating the Minister’s possession of the land made between the Minister and the landlord under subsection (2) of the said section eighteen.
(3)The Minister shall be entitled to remain in possession of the land until the eleventh day of October, nineteen hundred and fifty-eight.
(4)If, immediately before the said eleventh day of October, the land is being farmed by a person entrusted by the Minister with the farming thereof (in this sub-paragraph referred to as “the farmer”) then, on that day—
(a)the farmer shall become the tenant of the land under a tenancy from year to year beginning on that day on such terms as may thereafter be agreed between the farmer and the landlord or as may, in default of agreement, be determined by arbitration under the Act of 1948; and
(b)the landlord’s agreement and the agreement regulating the farming of the land made between the Minister and the farmer under paragraph (b) of subsection (2) of the said section eighteen shall each determine as if the condition specified in paragraph (b) of subsection (5) of that section had been satisfied.
(5)If, immediately before the said eleventh day of October, the land is being farmed by a person acting under the direction of the Minister the landlord’s agreement shall determine on that day as if the landlord had served on the Minister a notice in writing under paragraph (a) of subsection (5) of the said section eighteen two months before that day.
(6)Notwithstanding the repeal by this Act of the said section eighteen, subsections (2) and (4) and (6) to (8) of that section shall continue to apply in relation to the land, so however that paragraph (b) of the said subsection (2) shall not apply in relation thereto.
5E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
Textual Amendments
F48Sch. 1 paras. 6, 7, 14–18, 20, 21 and Sch. 4 paras. 5, 9, 11 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1
6—8E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49
Textual Amendments
F49Sch. 1 para. 25 and Sch. 4 paras. 6–8, 13(d)(e) repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. XIX
9E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
Textual Amendments
F50Sch. 1 paras. 6, 7, 14–18, 20, 21 and Sch. 4 paras. 5, 9, 11 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1
10(1)Nothing in paragraph 5 of the First Schedule to this Act, shall affect the appointment of a chairman of an Agricultural Land Tribunal made before the passing of this Act or any proceedings before such a Tribunal commenced before the passing thereof.E+W+S
(2)A panel drawn up by the Lord Chancellor before the passing of this Act under paragraph 15 of the Ninth Schedule to the Act of 1947 shall be deemed for the purposes of proceedings commenced after the passing of this Act to have been drawn up under that paragraph as amended by paragraph 5 of the First Schedule to this Act.
11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
Textual Amendments
F51Sch. 1 paras. 6, 7, 14–18, 20, 21 and Sch. 4 paras. 5, 9, 11 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1
12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
Textual Amendments
F52Sch. 4 para. 12 repealed by Weeds Act 1959 (c. 54), s. 10(1), Sch.
13E+W+SParagraphs 1 and 2, paragraphs 5 to 8 . . . F53 of this Schedule shall apply to Scotland, subject to the following modifications that is to say—
(a)in paragraph 1, for references to the Minister and to the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator there shall be substituted respectively references to the Secretary of State and to the Land Court or an arbiter;
(b)in paragraph 2, for references to the Minister, to the Act of 1947, to section fourteen of that Act, to paragraph (a) of subsection (1) and to subsections (5) and (6) of that section and to the Second Schedule to that Act, there shall be substituted respectively references to the Secretary of State, to the Scottish Act of 1948, to section twenty-nine of that Act, to paragraph (a) of subsection (1) or subsection (3) and to subsections (6) and (7) of that section and to the Third Schedule to that Act;
(c)in paragraph 5, for references to section eight of the Act of 1948, to the twenty- ninth day of September and to an arbitrator there shall be substituted respectively references to section seven of the Scottish Act of 1949, to the twenty-eighth day of November and to an arbiter;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
Textual Amendments
F53Words repealed by Weeds Act 1959 (c. 54), s.10(1), Sch.
F54Sch. 1 para. 25 and Sch. 4 paras. 6–8, 13(d)(e) repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. XIX
14E+W+SNotwithstanding the provisions of paragraph 37 of the First Schedule to this Act, the regulations made by the Secretary of State under section twenty-seven of the Scottish Act of 1949 in force immediately before the day appointed for the coming into operation of section three of this Act shall continue to have effect for the purposes of any proceedings consequent upon a notice to quit in a case where the tenant served on the landlord a counter-notice under subsection (1) of section twenty-five of that Act before that day.