Agriculture Act 1947

Sections 68, 71, 73.

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

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1—6.

Textual Amendments

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7—12.

Textual Amendments

Agricultural Land [F3Tribunal]E+W

Textual Amendments

F3Word 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)

[F413(1)The Lord Chancellor shall appoint a chairman for [F5the Agricultural Land Tribunal], who shall be a [F6person who satisfies the judicial-appointment eligibility condition on a 5-year basis.].

(2)[F7Subject to sub-paragraph (2A) of this paragraph,] the chairman shall hold office for [F8such 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 [F1075].]

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

(4)If the Lord Chancellor [F11and 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 [F12made] 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

F4Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F5Words 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)

F6Words 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)

F7Words 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.

F8Words 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.

F9Sch. 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.

[F1414 [ F15 (1)]The Lord Chancellor shall draw up for [F16the 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 [F1875].]

Textual Amendments

F14Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F15Sch. 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.

F16Words 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)

[F1915(1)The Lord Chancellor shall draw up for [F20the 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 [F2275].]

(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

F19Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F20Words 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)

F21Sch. 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.

[F2315A.(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

F24Sch. 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]

[F2516[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

F25Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

Modifications etc. (not altering text)

C1Sch. 9 para. 16(1) modified by Land Drainage Act 1976 (c. 70), s. 42(1)

[F27 16A [F28(1)] If the chairman of [F29the 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 [F31Lord 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

F27Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F28Sch. 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)

F29Words 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)

F30Words 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)

Modifications etc. (not altering text)

C2Sch. 9 para. 16A extended by Land Drainage Act 1976 (c. 70), s. 42(2)

C3Sch. 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)[F33The Lord Chancellor] may by order direct that the foregoing provisions of this Schedule as to the nominated members of [F34the 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

F34Words 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)

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

18

Textual Amendments

F35Sch. 9 para. 18 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I

Disqualifications for appointmentE+W

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

(2)A person shall be disqualified for being appointed or being a member of, or assessor to, [F37the Agricultural Land Tribunal] so long as he is a member of any other body mentioned in the last foregoing sub-paragraph.

Textual Amendments

F37Words 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 actsE+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.

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

21

Textual Amendments

Officers and ServantsE+W

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

(2)The Minister shall attach to . . . F40 [F41the Agricultural Land Tribunal] such officers and servants of the Ministry as he may with the approval of [F42the Minister for the Civil Service] determine to be required for providing the . . . F40 tribunals with the necessary officers and servants.

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

Textual Amendments

F41Words 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)

F42Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)

Remuneration and ExpensesE+W

23(1)The Minister may pay to members of . . . F43 [F44the Agricultural Land Tribunal] such remuneration (whether by way of salaries or of fees) as he may with the approval of [F45the 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 [F46the Agricultural Land Tribunal] such allowances as he may with the approval of [F45the 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

F44Words 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)

F45Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)

F46Words 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 InstrumentsE+W

24Any 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