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Agriculture (Miscellaneous Provisions) Act 1968

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This is the original version (as it was originally enacted).

10Provisions supplementary to s.9 in England and Wales

(1)Subject to the provisions of this section, no sum shall be payable in pursuance of section 9 of this Act in a case where—

(a)the Agricultural Land Tribunal, in pursuance of section 24(2)(a) of the principal Act, have consented to the operation of the relevant notice and stated in the reasons for their decision that they are satisfied as to any of the matters mentioned in paragraphs (a) to (d) of section 25(1) of that Act (which among other things relate to good husbandry, sound estate management, agricultural research and grounds of hardship), and a statement of the reasons is included in the notice; or

(b)the relevant notice contains a statement that the carrying out of the purpose for which the landlord proposes to terminate the tenancy is desirable on any of the grounds mentioned in paragraphs (a) to (c) of the said section 25(1) and, if an application for consent in respect of the notice is made to the Agricultural Land Tribunal (hereafter in this section referred to as " the tribunal") in pursuance of section 24(1) of the principal Act, the tribunal consent to its operation and state in the reasons for their decision that they are satisfied as to any of the matters so mentioned; or

(c)the relevant notice contains a statement that the landlord will suffer hardship unless the notice has effect and, if such an application as aforesaid is made in respect of the notice, the tribunal consent to its operation and state in the reasons for their decision that they are satisfied that greater hardship would be caused by withholding consent than by giving it; or

(d)the said section 24(1) does not apply to the relevant notice by virtue of section 29(4) of the Agriculture Act 1967 (which relates to notices to quit given by the Minister or a Rural Development Board with a view to boundary adjustments or an amalgamation).

(2)Subsection (1) of this section shall not apply in relation to the relevant notice where—

(a)the reasons given by the tribunal for their decision to consent to the operation of the notice include the reason that they are satisfied as to the matter mentioned in section 25(1)(e) of the principal Act (which relates to the use of land for certain non-agricultural purposes); or

(b)the reasons so given consist of or include the reason that the tribunal are satisfied as to the matter mentioned in section 25(1)(b) of that Act but the tribunal would have been satisfied also as to the matter mentioned in the said section 25(1)(e) if it had been specified in the application for consent, and where the tribunal would have been satisfied as mentioned in paragraph (b) of this subsection they shall include a statement to that effect in their decision.

(3)In assessing the compensation payable to the tenant of an agricultural holding in consequence of the compulsory acquisition of his interest in the holding or part of it or the compulsory taking of possession of the holding or part of it, no account shall be taken of any benefit which might accrue to the tenant by virtue of section 9 of this Act.

(4)Any sum payable in pursuance of the said section 9 shall be so payable notwithstanding any agreement to the contrary.

(5)The following provisions of the principal Act shall apply to sums claimed or payable in pursuance of the said section 9 as they apply to compensation claimed or payable under section 34 of that Act, that is to say, sections 34(3), 61, 70 to 73, 77, 80, 82, 83, 88, 89, 92, 94(5), 101 and Schedule 6; and paragraphs 4 and 5 of Schedule 8 to the Landlord and Tenant Act 1954 shall apply to sums so payable as they apply to the compensation mentioned in those paragraphs but as if for the word "shall" in each of those paragraphs there were substituted the word

may.

(6)No sum shall be payable in pursuance of the said section 9 in consequence of the termination of the tenancy of an agricultural holding or part of such a holding unless the notice to quit in consequence of which the termination occurs is served on the tenant after the initial date and the termination occurs after the date of the passing of this Act.

(7)The provisions of Schedule 1 to this Act (which contains transitional provisions for certain cases) shall have effect for the purposes of this section in its application to England and Wales.

(8)In the foregoing provisions of this section, references to section 9 of this Act do not include references to it as applied by section 12 of this Act and " the relevant notice " means the notice to quit given by the landlord of the agricultural holding in question in consequence of which compensation for disturbance becomes payable to the tenant of the holding as mentioned in the said section 9; and for the purposes of paragraphs (a) and (b) of subsection (1) of this section, the purposes of the enactments relating to allotments shall be treated as excluded from the matters mentioned in section 25(1)(c) of the principal Act.

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