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Agriculture (Miscellaneous Provisions) Act 1968

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This is the original version (as it was originally enacted).

Schedule 1Transitional provisions relating to payments under s.9 in England and Wales

1Where the relevant notice is served on the tenant after the initial date but not later than the commencement date and does not contain such a statement as is mentioned in section 24(2)(a) or (b) of the principal Act or section 10(1)(b) or (c) of this Act, then—

(a)if an application for consent in respect of the relevant notice is made in pursuance of section 24(1) of the principal Act not later than the commencement date, any such statement as is mentioned in the said section 10(1)(b) which is included in the application shall be treated for the purposes of section 10 of this Act as included also in the relevant notice ; and

(b)if, in a case not falling within sub-paragraph (a) above, the landlord serves on the tenant, before or after the commencement date but before the expiration of the period of three months beginning with that date, a notice containing such a statement as is mentioned in the said section 10(1)(b) or (c) and indicating that the relevant notice is to be treated as having always included that statement, the relevant notice shall be so treated for the purposes of the said section 10.

2Where either—

(a)the relevant notice is served on the tenant not later than the commencement date and contains such a statement as is mentioned in the said section 10(1)(b) or (c); or

(b)a notice is served on the tenant under paragraph 1(b) of this Schedule,

and in either case no counter-notice in respect of the relevant notice in question has been served in pursuance of section 24(1) of the principal Act and the period during which such a counter-notice may be served has expired, the tenant may, within the period of three months beginning with the commencement date or, where the notice under paragraph 1(b) of this Schedule is served on a later date, beginning with the later date, make an application to the tribunal for a determination that the tribunal are satisfied that the relevant notice was given in order that the land in question may be used otherwise than for agriculture.

3Where the tribunal have, on or before the commencement date, given a decision consenting under section 24(1) of the principal Act to the operation of the relevant notice and either—

(a)the reason given by the tribunal for their decision is that they are satisfied as to the matter mentioned in section 25(1)(b) of that Act; or

(b)the reasons so given include that reason but not the reason that they are satisfied as to the matter mentioned in section 25(1)(e) of that Act,

the tenant may, at any time before the expiration of the period of three months beginning with the commencement date, make an application to the tribunal for a determination that the reasons for their decision would have included the reason that they were satisfied as to the matter mentioned in the said section 25(1)(e) if that matter had been specified in the application for consent.

4Where the tribunal make a determination under paragraph 2 or paragraph 3 of this Schedule, section 10(1) of this Act shall not apply in relation to the relevant notice in question.

5In this Schedule—

  • " the commencement date " means the date of the passing of this Act; and

  • " the relevant notice" and " the tribunal" have the same meanings as in section 10 of this Act.

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