PART 2Application of Part 3A of the 1991 Act to relevant partnerships
Relevant partnerships2
1
This regulation applies where the tenant of an agricultural holding to which section 32A(2) of the 1991 Act applies is a relevant partnership.
2
A relevant partnership is a limited partnership in which a limited partner is—
a
the landlord,
b
an associate of the landlord, or
c
a partnership or company in which the landlord has a relevant interest.
3
For the purposes of paragraph (2)(c), a landlord has a relevant interest in a partnership or company if the landlord or an associate of the landlord is—
a
a partner in the partnership,
b
a partner in a partnership which forms part of the partnership,
c
a shareholder in the company, or
d
the holder of a standard security or floating charge over an interest in the tenancy where the partnership or company is a partner in the tenant.
4
For the purposes of this regulation, a person is an associate of a landlord if the person is—
a
where the landlord is a partnership or a company, a partner in the landlord or, as the case may be, a shareholder in the landlord,
b
where an associate of the landlord is a partnership or a company, a partner in or, as the case may be, a shareholder in that associate,
c
an agent of the landlord or of an associate of the landlord, or
d
a member of the landlord’s family.
5
Section 71 of the 2003 Act applies for the purposes of paragraph (4)(d) as it applies for the purposes of section 70(8)(d) of that Act.
Modifications where tenant is a relevant partnership3
Where regulation 2 applies, Part 3A of the 1991 Act has effect as if the following were omitted—
a
in section 32A(1), the words “or, failing which, assign the lease to an individual who is a new entrant to, or who is progressing, in farming”,
b
in section 32F(3), paragraph (b),
c
section 32U,
d
in section 32W, the definitions of “new entrant to farming” and “person progressing in farming”.