Allotments Act 1925 (c. 61)

Allotments Act 1925

1925 CHAPTER 61 15 and 16 Geo 5

An Act to facilitate the acquisition and maintenance of allotments, and to make further provision for the security of tenure of tenants of allotments.

[7th August 1925]

Modifications etc. (not altering text)

C1 Act applied by Agricultural Land (Utilisation) Act 1931 (c. 41), s. 13(1); restricted by Allotments Act 1950 (c. 31), s. 9.

C2 Functions of Minister of Agriculture and Fisheries under this Act now exercisable by Secretary of State: S.I. 1955/554 (1955 I, p. 1200), 1965/143, 1967/156 and 1970/1681

C3 Functions of Minister of Health under this Act now exercisable by Secretary of State: S.I. 1951/753, 1900 (1951 I, pp. 1354, 1347), 1965/319 and 1970/1681

C4 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C5 Certain functions of Minister of Agriculture, Fisheries and Food expressed to be transferred by S.I. 1978/272, art. 2

Act: Functions of a Minister of the Crown transferred to the National Assembly for Wales (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1 Act wholly in force at Royal Assent

1 Interpretation. E+W

In this Act, unless the context otherwise requires,—

• “Allotment” means an allotment garden as defined by the M1 Allotments Act, 1922, or any parcel of land not more than five acres in extent cultivated or intended to be cultivated as a garden or farm, or partly as a garden and partly as a farm;

• F1 . . .

• “The Act of 1922” means the Allotments Act, 1922.

Textual Amendments

F1 Definition of "Commissioners" in s. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

Marginal Citations

M1 1922 c. 51.

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

Textual Amendments

F2 S. 2 repealed by National Loans Act 1968 (c. 13), Sch. 6 Pt. II

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 3 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 S. 4 repealed by Allotments Act 1950 (c. 31), Sch.

5 Acquisition of land for future allotments. E+W

The council of a borough or urban district may acquire land for allotments, notwithstanding that the land or any part of it cannot immediately be let in allotments, provided that the Minister of Health is satisfied, F5 . . ., that there is a reasonable expectation that the land will eventually be required for allotments.

Textual Amendments

F5 Words in s. 5 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

6 Amendment of section ten (3) of the Act of 1922. E+W

Section ten of the Act of 1922 is hereby amended by the substitutionfor paragraphb of subsection (3) of the following paragraph—

(b) by not less than three months’ notice in writing given by the owner tothe council in any case where the land is required for any purpose other than the use of the land for agriculture, sport, or recreation,and by not less than six months’ notice in writing so given andexpiring on or before the sixth day of September, where the land is required for the use for sport or recreation.

Modifications etc. (not altering text)

C6 The text of S. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 Amendment of section ten (4) of Act of 1922. E+W

The right of a tenant to claim compensation under subsection (4) of section ten of the Act of 1922 shall be exerciseable notwithstanding that it is otherwise agreed in the contract of tenancy in any case where the rent payable by the tenant under his contract of tenancy for the land exceeds three pence per pole, F6 . . ..

Textual Amendments

F6 Words in s. 7 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

8 Sale, &c., of land used as allotments. E+W

Where a local authority has purchased [F7 or appropriated] land for use as allotments the local authority shall not sell, appropriate, use, or dispose of the land for any purpose other than use for allotments without the consent of the Minister of Agriculture and Fisheries F8 . . . and such consent [F7 may be given unconditionally or subject to such conditions as the Minister thinks fit, but] shall not be given unless the Minister is satisfied that adequate provision will be made for allotment holders displaced by the action of the local authority or that such provision is unnecessary or not reasonably practicable, F8 . . ..

Textual Amendments

F7 Words inserted by Agricultural Land (Utilisation) Act 1931 c. 41), Sch. 2

F8 Words in s. 8 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

9 Amendment of s. 11 of the Act of 1922. E+W

Section eleven of the Act of 1922 shall be read as if the period of twenty-one days were substituted therein for the period of ten days as the period within which a notice may be served on the person requiring possession.

F9 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 10 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

F10 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 11 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Textual Amendments

F11 S. 12 repealed by Local Government Act 1972 (c. 70, SIF 81:1), ss. 272(1), 273(1), Sch. 30

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W

Textual Amendments

F12 S. 13 repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 1(5), Sch. 5, Sch. 34 Pt. V

14 Short title. E+W

(1) This Act may be cited as the Allotments Act, 1925, and the Allotments Acts, 1908 to 1922, and this Act may be cited together as the Allotments Acts, 1908 to 1925.

(2) This Act shall not apply to Scotland or Northern Ireland.