Agricultural Holdings Act 1986

9 (1) For the purposes of Case C the landlord of an agricultural holding may apply to the Tribunal for a certificate that the tenant is not fulfilling his responsibilities to farm in accordance with the rules of good husbandry; and the Tribunal, if satisfied that the tenant is not fulfilling his said responsibilities, shall grant such a certificate. E+W

(2) In determining whether to grant a certificate under this paragraph the Tribunal shall disregard any practice adopted by the tenant in pursuance of any provision of the contract of tenancy, or of any other agreement with the landlord, which indicates (in whatever terms) that its object is the furtherance of one or more of the following purposes, namely—

(a) the conservation of flora or fauna or of geological or physiographical features of special interest;

(b) the protection of buildings or other objects of archaeological, architectural or historic interest;

(c) the conservation or enhancement of the natural beauty or amenity of the countryside or the promotion of its enjoyment by the public.

[F1 (3) In determining whether to grant a certificate under this paragraph, the tribunal shall disregard any practice adopted by the tenant in compliance with any obligation accepted by or imposed on the tenant under [F2 section 94 or 95 of the Water Resources Act 1991]]

Textual Amendments

F1 Sch. 3 Pt. II para. 9(3) inserted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 25 para. 75(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F2 Sch. 3 Pt. II para. 9: words substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 43