Finance Act 1975

Conditions of relief

5 (1) The conditions referred to in paragraph 1 above are that the deceased either was beneficially entitled to the land throughout the five years immediately preceding his death or became beneficially entitled to it otherwise than for a consideration in money or money's worth and, subject to sub-paragraph (2) below, that—

(a) if the land is situated in Great Britain, the land is managed in accordance with a plan approved by the Forestry Commissioners under a forestry dedication covenant or forestry dedication agreement within the meaning of the [1967 c. 10.] Forestry Act 1967; and

(b) if the land is situated in Northern Ireland, either a grant with respect to the land has been made under section 2 of the [1953 c. 2 (N.I.).] Forestry Act (Northern Ireland) 1953 or the land is managed in accordance with a plan approved under section 3(1)(c) of that Act in connection with the Planting and Maintenance of Woodlands Scheme administered by the Department of Agriculture for Northern Ireland for the purposes of those sections.

(2) In the case of a person dying before 1st January 1976 paragraphs (a) and (b) of sub-paragraphs (1) above do not apply and, in the case of a person dying before 1st January 1981—

(a) the condition in sub-paragraph (1)(a) above shall be deemed to be satisfied if a forestry dedication covenant or a forestry dedication agreement in respect of the land has been offered to the Forestry Commissioners and the offer has not been refused ; and

(b) the condition in sub-paragraph (1)(b) above shall be taken to be satisfied if a grant has been applied for or a plan for the management of the land has been submitted to the Department of Agriculture for Northern Ireland for approval and the application or approval has not been refused.