Agriculture Act 1947

Sections 68, 71, 73.

NINTH SCHEDULE E+W Constitution etc. of Commission, Sub-Commission, Committees and Tribunals

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

1—6.

Textual Amendments

F1 Sch. 9 paras. 1–6 repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

7—12.

Textual Amendments

F2 Sch. 9 paras.7–12 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

Agricultural Land [F3 Tribunal] E+W

Textual Amendments

F3 Word in Sch. 9 para. 13 heading substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(2)(a) (with Sch. 3)

[F4 13 (1) The Lord Chancellor shall appoint a chairman for [F5 the Agricultural Land Tribunal], who shall be a [F6 person who satisfies the judicial-appointment eligibility condition on a 5-year basis.].

(2) [F7 Subject to sub-paragraph (2A) of this paragraph,] the chairman shall hold office for [F8 such period as may be specified in the terms of his appointment], and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.

[F9 (2A) No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of [F10 75].]

(3) The chairman may resign his office by notice in writing to the Lord Chancellor.

(4) If the Lord Chancellor [F11 and Lord Chief Justice are both] satisfied that the chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or if the chairman is [F12 made] bankrupt or makes a composition or arrangement with his creditors, the Lord Chancellor may[F13 , with the concurrence of the Lord Chief Justice, ] revoke the appointment of the chairman.]

Textual Amendments

F4 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F5 Words in Sch. 9 para. 13(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(2)(b) (with Sch. 3)

F6 Words in Sch. 9 para. 13(1) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 4; S.I. 2008/1653, art. 2(d) (with arts. 3 4)

F7 Words in Sch. 9 para. 13(2) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(a) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F8 Words in Sch. 9 para. 13(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(b) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F9 Sch. 9 para. 13(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F10 Word in Sch. 9 para. 13(2A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(2) (with Sch. 1 para. 43)

F11 Words in Sch. 9 para. 13(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

F12 Word in Sch. 9 para. 13(4) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

F13 Words in Sch. 9 para. 13(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

[F14 14 [ F15 (1)]The Lord Chancellor shall draw up for [F16 the Agricultural Land Tribunal] and from time to time revise a panel of deputy-chairmen, who shall be [F17 persons eligible for appointment under paragraph 13(1). ]]

[F15 (2) A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of [F18 75].]

Textual Amendments

F14 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F15 Sch. 9 para. 14 renumbered as sub-paragraph (1) and sub-paragraph 14(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(4) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F16 Words in Sch. 9 para. 14(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(3) (with Sch. 3)

F17 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 6(2)

F18 Word in Sch. 9 para. 14(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(3) (with Sch. 1 para. 43)

[F19 15 (1) The Lord Chancellor shall draw up for [F20 the Agricultural Land Tribunal] and from time to time revise a panel of persons appearing to him to represent the interests of farmers and a panel of persons appearing to him to represent the interests of owners of agricultural land.

[F21 (1A) A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of [F22 75].]

(2) Subject to the following sub-paragraph, the persons to be placed on either panel shall be selected by the Lord Chancellor from nominations made at his request by persons appearing to him to represent the interests of farmers or of owners of agricultural land, as the case may be.

(3) The last foregoing sub-paragraph shall not prevent the Lord Chancellor from placing on either of the panels a person not nominated in accordance with that sub-paragraph, if the persons requested to make the nominations for that purpose do not make the required number of nominations, or the nominations they make do not include enough persons who appear to the Lord Chancellor to be suitable.]

Textual Amendments

F19 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F20 Words in Sch. 9 para. 15(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(4) (with Sch. 3)

F21 Sch. 9 para. 15(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(5) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F22 Word in Sch. 9 para. 15(1A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(4) (with Sch. 1 para. 43)

[F23 15A. (1) A member of the First-tier Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the Senior President of Tribunals, act as a member of the Agricultural Land Tribunal. E+W

[F24 (1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Agricultural Land Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the President of Welsh Tribunals, act as a member of the Agricultural Land Tribunal.]

(2) Every person while acting under this paragraph may perform the functions of a member of the Agricultural Land Tribunal.]

Textual Amendments

F23 Sch. 9 para. 15A inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(5) (with Sch. 3)

F24 Sch. 9 para. 15A(1A) inserted (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), ss. 62(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]

[F25 16 [F26 (1) Subject to paragraph 15A, for each hearing by the Agricultural Land Tribunal of an application or reference thereto, the members of the Agricultural Land Tribunal shall be—

(a) the chairman, or a person nominated by the chairman from the panel of deputy-chairmen, and

(b) one person nominated by the chairman from each of the panels drawn up under paragraph 15.]

(2) The chairman may, if it appears to him expedient so to do, nominate two assessors to be added to the Tribunal for the hearing of an application or reference thereto in order to assist the Tribunal in the hearing.

(3) The assessors shall be selected by the chairman from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors.]

Textual Amendments

F25 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F26 Sch. 9 para. 16(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(6) (with Sch. 3)

Modifications etc. (not altering text)

C1 Sch. 9 para. 16(1) modified by Land Drainage Act 1976 (c. 70), s. 42(1)

[F27 16A [F28 (1)] If the chairman of [F29 the Agricultural Land Tribunal] is prevented by sickness or any other reason from making nominations under sub-paragraphs (1) and (2) of the last foregoing paragraph or from otherwise discharging the duties of his office, those duties may be discharged by a person appointed from the panel of deputy-chairmen F30 ... by the chairman or, if the chairman is unable to make the appointment, by the [F31 Lord Chief Justice, after consulting the Lord Chancellor]]

[F32 (2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).]

Textual Amendments

F27 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F28 Sch. 9 para. 16A(1): Sch. 9 para. 16A renumbered as Sch. 9 para. 16A(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

F29 Words in Sch. 9 para. 16A(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(7)(a) (with Sch. 3)

F30 Words in Sch. 9 para. 16A(1) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(7)(b) (with Sch. 3)

F31 Words in Sch. 9 para. 16A(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

F32 Sch. 9 para. 16A(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(c); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

Modifications etc. (not altering text)

C2 Sch. 9 para. 16A extended by Land Drainage Act 1976 (c. 70), s. 42(2)

C3 Sch. 9 para. 16A applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 31(3), 76(2), (with ss. 67(3)(5)(8), 72(6), 74(3)(4))

17 (1) [F33 The Lord Chancellor] may by order direct that the foregoing provisions of this Schedule as to the nominated members of [F34 the Agricultural Land Tribunal] shall have effect subject to such modification of the number of such members, and such additions to the classes of persons referred to in paragraph 15 of this Schedule, as may be specified in the order.

(2) Any order under this paragraph shall be of no effect unless approved by resolution of each House of Parliament.

Textual Amendments

F33 Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(3)

F34 Words in Sch. 9 para. 17(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(8) (with Sch. 3)

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18

Textual Amendments

F35 Sch. 9 para. 18 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I

Disqualifications for appointment E+W

19 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(2) A person shall be disqualified for being appointed or being a member of, or assessor to, [F37 the Agricultural Land Tribunal] so long as he is a member of any other body mentioned in the last foregoing sub-paragraph.

Textual Amendments

F36 Sch. 9 para. 19(1) repealed by House of Commons Disqualification Act 1957 (c. 20), Sch. 4 Pt. I

F37 Words in Sch. 9 para. 19(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(9) (with Sch. 3)

Validity of acts E+W

20 (1) Any body mentioned in the last foregoing paragraph shall have power to act notwithstanding any vacancy among its members.

(2) All acts done at any meeting of any such body shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment or disqualification of a person purporting to be a member thereof, be as valid as if that defect had not existed.

(3) Nothing in sub-paragraph (1) of this paragraph shall affect any requirement as to the number of members necessary to constitute a meeting of any such body as aforesaid.

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21

Textual Amendments

F38 Sch. 9 para. 21 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

Officers and Servants E+W

22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(2) The Minister shall attach to . . . F40 [F41 the Agricultural Land Tribunal] such officers and servants of the Ministry as he may with the approval of [F42 the Minister for the Civil Service] determine to be required for providing the . . . F40 tribunals with the necessary officers and servants.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

Textual Amendments

F39 Sch. 9 para. 22(1)(3) repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F40 Words repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

F41 Words in Sch. 9 para. 22(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(10) (with Sch. 3)

F42 Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)

Remuneration and Expenses E+W

23 (1) The Minister may pay to members of . . . F43 [F44 the Agricultural Land Tribunal] such remuneration (whether by way of salaries or of fees) as he may with the approval of [F45 the Minister for the Civil Service] determine.

(2) The Minister may pay to the members of any body mentioned in paragraph 19 of this Schedule and to the assessors to [F46 the Agricultural Land Tribunal] such allowances as he may with the approval of [F45 the Minister for the Civil Service] determine.

(3) The expenses of any body mentioned in paragraph 19 of this Schedule shall be defrayed by the Minister.

Textual Amendments

F43 Words repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F44 Words in Sch. 9 para. 23(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(11) (with Sch. 3)

F45 Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)

F46 Words in Sch. 9 para. 23(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(11) (with Sch. 3)

Proof of Instruments E+W

24 Any document purporting to be a document duly executed or issued . . . F47 on behalf of any such body as aforesaid shall, until the contrary is proved, be deemed to be a document so executed or issued, as the case may be.

Textual Amendments

F47 Words repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I