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Hill Farming Act 1946, Section 21 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)Where a lease of 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 [F2appropriate 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, condition or agreement as they think fit.]
[F3(1A)Where the land lies partly in Wales and partly in England, for the purposes of anything required or authorised to be done under this section by or before an appropriate tribunal in relation to that land, the land shall be deemed to be situated entirely in the place where the greater part of the land lies.
(1B)For the purposes of this section, “appropriate tribunal” means—
(a)in England, the First-tier Tribunal; and
(b)in Wales, the Agricultural Land Tribunal.]
(2)This section applies to leases made before or after the commencement of this Act and shall have effect notwithstanding any stipulation to the contrary.
(3)In this section the expressions “landlord”, “tenant” and “lease” have the meanings assigned to them respectively by the M1Landlord and Tenant Act, 1927.
Textual Amendments
F1S. 21(1) substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 1
F2Words in s. 21(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 188(a) (with Sch. 3)
F3S. 21(1A)(1B) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 188(b) (with Sch. 3)
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