The Farm Woodland Scheme 1988

Restrictions on acceptance of applications

6.—(1) The appropriate Minister shall not approve an application to enter this Scheme which relates to land in England or Wales possession of which was obtained from a tenant of that land by means of a notice to quit—

(a) to which Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986(1) applied; or

(b) in respect of which a counter-notice could have been served under section 26(1)(b) of the Agricultural Holdings Act 1986 unless no such counter-notice was served or unless the Agricultural Land Tribunal consented to the operation of the notice to quit on the grounds set out in section 27(3)(e) of that Act (with or without other grounds).

(2) The appropriate Minister shall not approve an application to enter this Scheme which relates to land in Scotland possession of which was obtaind from a tenant of that land by means of—

(a) a notice to quit to which section 25(2)(c) of the Agricultural Holdings (Scotland) Act 1949(2) applied; or

(b) a notice to quit in respect of which a counter-notice could have been served under section 25(1) of the Agricultural Holdings (Scotland) Act 1949 unless no such counter-notice was served or unless the Scottish Land Court consented to the operation of the notice to quit on the grounds set out in section 26(1)(d) of that Act (with or without other grounds); or

(c) an authorisation given by the Scottish Land Court under section 12(1) of the Crofters (Scotland) Act 1955(3) to resume a croft or part of a croft; or

(d) an authorisation given by the Scottish Land Court under section 12(3) of the Crofters (Scotland) Act 1955 to resume any land forming part of a common grazing; or

(e) a notice served pursuant to a resumption clause in a lease.

(1)

1986 c. 5.

(2)

1949 c. 75.

(3)

1955 c. 21.