SCHEDULES

SCHEDULE 3Agricultural tenancies

PART 1Amendments to the Agricultural Holdings Act 1986

Succession on death or retirement: condition relating to suitability

I117

In section 39 (applications for tenancy of holding), for subsection (8) substitute—

8

For the purposes of this section, a person's suitability to become the tenant of a holding is to be determined (having regard to any views stated by the landlord) in accordance with criteria specified in regulations made by—

a

the Secretary of State, in relation to England, and

b

the Welsh Ministers, in relation to Wales.

8A

The criteria referred to in subsection (8) must relate to the person's likely capacity to farm the holding commercially to high standards of efficient production and care for the environment, and may in particular include—

a

criteria relating to the person's experience, training or skills in agriculture or business management;

b

criteria relating to the person's physical health, financial standing or character;

c

criteria relating to the character or condition of the holding or the terms of the tenancy.

I218

1

Section 53 (application for tenancy of holding by nominated successor) is amended as follows.

2

In subsection (6) omit the words from “and in making” to the end.

3

After subsection (6) insert—

6A

Section 39(8) and (8A) apply for the purposes of determinations under this section relating to a person's suitability to become the tenant of a holding.