The Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015

Prospective

Citation, commencement, extent, application and interpretation E+W

1.—(1) These Regulations may be cited as the Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015 and come into force on 1st October 2015.

(2) They extend to England and Wales but apply in England only.

(3) In these Regulations “the Act” means the Agricultural Holdings Act 1986.

Commencement Information

I1 Reg. 1 in force at 1.10.2015, see reg. 1(1)

Incorporation of provisions in tenancy agreements E+W

2.—(1) Schedule 1 contains model provisions for the maintenance, repair and insurance of fixed equipment for incorporation in every contract of tenancy of an agricultural holding to which the Act applies, whether made before or after the commencement of the Act, except in so far as they would impose on one of the parties to an agreement in writing a liability which under the agreement is imposed on the other.

(2) Paragraph 2(1) of Schedule 1 requiring the landlord to insure against loss or damage by fire does not apply to the following landlords—

(a) where the interest of the landlord is held for the purposes of a Government Department,

(b) where a person representing Her Majesty or the Duke of Cornwall under section 95 of the Act is deemed to be the landlord, and

(c) where the landlord has made provision approved by the Minister for defraying the cost of any works of repair or replacement as referred to in paragraph 2(2) of Schedule 1.

Commencement Information

I2 Reg. 2 in force at 1.10.2015, see reg. 1(1)

Prescribed periods for the purposes of section 9 of the Act E+W

3.—(1) The prescribed period for the purposes of section 9(1) of the Act is 1 month.

(2) The prescribed period for the purposes of section 9(3) of the Act is 1 month.

(3) The prescribed period for the purposes of section 9(4) of the Act is 3 months.

Commencement Information

I3 Reg. 3 in force at 1.10.2015, see reg. 1(1)

Revocations E+W

4.  The Regulations specified in Schedule 2 are revoked.

Commencement Information

I4 Reg. 4 in force at 1.10.2015, see reg. 1(1)

Review E+W

5.—(1) The Secretary of State must from time to time—

(a) carry out a review of paragraphs 9(2)(e) and 14(3)(c) of Schedule 1,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by paragraphs 9(2)(e) and 14(3)(c) of Schedule 1,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with less regulation.

(3) The first report under this regulation must be published before the end of the period of ten years beginning with the day on which these regulations come into force.

(4) Reports under this regulation are afterwards to be published at intervals not exceeding ten years.

Commencement Information

I5 Reg. 5 in force at 1.10.2015, see reg. 1(1)

George Eustice

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

26th March 2015