S. 57 repealed by Local Government Act 1972 (c. 70), Sch. 30
Words in s. 60(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 38(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Words repealed by Local Government Act 1972 (c. 70), Sch. 30
Words repealed by Duchy of Lancaster Act 1988 (c. 10, SIF 29:10), s. 1(4), Sch.
S. 61(2)(a) repealed by Duchy of Lancaster Act 1988 (c. 10, SIF 29:10), s. 1(4), Sch.
Words in s. 62(1)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 38(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Words repealed by Local Government Act 1972 (c. 70), Sch. 30
1.8.1970 appointed under s. 65(1) by S.I. 1970/1048, art. 2
Words in s. 65(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.II
S. 61(4)(5) repealed (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 17(b); 2006 No. 2, Instrument made by Archbishops; 2006 No. 2, Instrument made by Archbishops
Word in s. 61(3)(a) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 17(a); 2006 No. 2, Instrument made by Archbishops
Words in s. 61(3)(a) added (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 17(a); 2006 No. 2, Instrument made by Archbishops
Words in s. 61(3)(a) substituted (E.) (1.3.2019) by Church Property Measure 2018 (No. 8), s. 53(2), Sch. 1 para. 12; S.I. 2019/97, art. 2
A smallholdings authority shall keep a separate account of their receipts and expenses (including capital receipts and expenses) with respect to smallholdings.
Every smallholdings authority shall compile and keep, and, if so required at any time by a person authorised by the Minister in that behalf, shall produce to him—
a record of all land which is or has at any time been held by the authority for the purposes of smallholdings, of the persons in occupation of such of that land as is for the time being let by the authority as smallholdings and of the rents at which it is let to them, and of the purchasers of so much of that land as has been sold by the authority, and
a map or plan showing the size, boundaries and situation of each smallholding provided by the authority.
Every smallholdings authority shall, before such date in each year as the Minister may direct, send to the Minister a report, relating to such matters as the Minister may direct, of the proceedings of the authority during the preceding financial year.
The Ministers shall lay before Parliament a report in respect of each financial year, summarising for that year the proceedings of smallholdings authorities and the proceedings of the Minister, and of the Ministers acting jointly, in relation to smallholdings.
No land shall after the commencement of this Part of this Act—
be sold by a county council
be let by such a council as a cottage holding by a letting effected after the commencement of this Part of this Act, whether the land was previously so let or not, or
be acquired (whether by way of purchase or lease) by such a council for the purpose of being sold or let as a cottage holding.
The provisions of section 52(2) of this Act shall have effect in relation to land which immediately before the commencement of this Part of this Act is held by any such council for the purposes of cottage holdings as they have effect in relation to land then held by a smallholdings authority for the purposes of smallholdings as if in those provisions—
any reference to a smallholdings authority were a reference to such a council, and
the reference to section 2 of the
Any regulations made by the Ministers in the exercise of the powers conferred by section 52(2) of this Act as applied by subsection (2) of this section may revoke any regulations for the time being in force under section 2 of the Small Holdings and Allotments Act 1926 in their application to cottage holdings.
Where any regulations exercise the power of revocation conferred by subsection (3) of this section, the regulations may contain such transitional provisions with respect to matters in progress under the regulations so revoked as the Ministers may consider appropriate having regard to the provisions of sections 52(2) and 62 of this Act.
Land forming part of the possessions . . .
The powers of leasing conferred by subsection (1) of this section shall be exercisable—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of land forming part of the possessions of the Duchy of Cornwall, by the Duke of Cornwall or such other persons as for the time being have power to dispose of land belonging to the Duchy.
In the case of glebe land—
the like powers of leasing may be exercised by the
the consent of any person, other than the Church Commissioners, shall not be required to enable the land to be sold to a smallholdings authority or to the Minister for the purposes of smallholdings.
the provisions of the Ecclesiastical Dilapidations Measures 1923 to 1951, or of any other enactment or Measure relating to dilapidations of ecclesiastical property which is for the time being in force, shall not have effect in relation to buildings on that land during the tenancy of the smallholdings authority or of the Minister, and
at any time within twelve months from the date on which possession of the land is delivered up by the smallholdings authority or the Minister at the end of the tenancy the incumbent of the ecclesiastical benefice to which the land belongs may apply to the Church Commissioners for their consent to the removal of any buildings which have been erected on the land for the purpose of adapting it to the purposes of smallholdings.
Where, in any case not falling within any of the preceding subsections, a person, by virtue of the
Where by or under any provisons to which this section applies (including any enactment as applied by such a provision) anything is authorised or required to be done—
by the Minister in relation to the council of a county
by such a council in relation to the Minister,
whether (in either case) the council fall within that provision in their capacity as a smallholdings authority or otherwise, any reference in that provision to the Minister shall, for the purposes of the application of that provision in relation to that council, be construed as a reference to the Ministers.
This section applies to the following provisions, that is to say—
all the provisions of this Part of this Act except sections 37, 52(1), 54, 55, 56(2) and (4), 59(2) and 61 and Schedule 3;
section 2(7) and the proviso to section 6(1) of the
the provisions of the Small Holdings and Allotments Acts 1908 to 1926, as applied to cottage holdings by section 12 of the
In this section any reference to Wales includes Monmouthshire.
The Ministers shall have power to make regulations for any purpose for which regulations are authorised or required to be made under this Part of this Act; and any such regulations may make different provision for different circumstances.
Any power to make regulations under this Part of this Act shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The transitional provisions contained in Schedule 3 to this Act shall have effect.
Subject to those provisions, the enactments specified in Schedule 4 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential upon the preceding provisions of this Part of this Act.
This Part of this Act shall come into operation on such day as the Ministers may by order made by statutory instrument appoint
This Part of this Act extends to England and Wales only.