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Agriculture (Miscellaneous Provisions) Act 1976

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This is the original version (as it was originally enacted).

18Application of following sections of Part II

(1)Where after the passing of this Act the sole (or sole surviving) tenant of an agricultural holding dies and is survived by any of the following persons:—

(a)the wife or husband of the deceased ;

(b)a brother or sister of the deceased ;

(c)a child of the deceased ;

(d)any person (not within (b) or (c) above) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage,

the following sections of this Part of this Act (except sections 20(14) and 23(8), which are of general application) shall apply unless excluded by subsection (4) below. In this subsection " tenant" does not include an executor, administrator, committee of the estate, trustee in bankruptcy or other person deriving title from a tenant by operation of law.

(2)In the following provisions of this Part of this Act—

  • " the 1948 Act" means the Agricultural Holdings Act 1948 ;

  • " the holding " means the agricultural holding mentioned in subsection (1) above;

  • " the deceased " means the deceased tenant of the holding ;

  • " the date of death " means the date of the death of the deceased;

  • " eligible person " means (subject to subsection (3) below and without prejudice to section 21 of this Act) a survivor of the deceased in whose case the following conditions are satisfied—

    (a)

    he falls within paragraphs (a) to (d) of subsection (1) above;

    (b)

    in the seven years ending with the date of death his only or principal source of livelihood throughout a continuous period of not less than five years, or two or more discontinuous periods together amounting to not less than five years, derived from his agricultural work on the holding or on an agricultural unit of which the holding forms part; and

    (c)

    he is not the occupier of a commercial unit of agricultural land within the meaning of Part II of the Agriculture Act 1967 or, if he is, occupies it as a licensee only;

  • " the relevant period " means—

    (a)

    except where the following paragraph applies, the period of three months beginning with the day after the date of death;

    (b)

    if the deceased died between the passing of this Act and the end of 1976, the period of three months beginning with 1st January 1977 or with such later date as may be prescribed for the purposes of this paragraph by order under section 73(3) of the Agriculture Act 1947 (procedure of Agricultural Land Tribunals);

  • " the tenancy " means the tenancy of the holding;

  • " the Tribunal " means the Agricultural Land Tribunal.

(3)For the purposes of paragraph (b) of the definition of " eligible person " in subsection (2) above any period during which a survivor of the deceased was, in the period of seven years mentioned in that paragraph, attending a full-time course at a university, college or other establishment of further education shall be treated as a period throughout which his only or principal source of livelihood derived from his agricultural work on the holding; but not more than three years in all shall be so treated by virtue of this subsection.

(4)The following sections of this Part of this Act shall not apply—

(a)if on the date of death the tenancy is the subject of a valid notice to quit to which subsection (1) of section 24 of the 1948 Act applies, being a notice given before that date in the case of which either—

(i)the month allowed by that subsection for serving a counter-notice thereunder expired before that date without such a counter-notice having been served; or

(ii)the Tribunal consented to its operation before that date;

(b)if on the date of death the tenancy is the subject of a valid notice to quit given before that date and falling within section 24(2)(a), (c) or (f) of the 1948 Act;

(c)if on the date of death the tenancy is the subject of a valid notice to quit given before that date and falling within section 24(2)(b), (d) or (e) of the 1948 Act, and either—

(i)the time within which the tenant could have required any question arising in connection with the notice to be determined by arbitration under that Act expired before that date without such a requirement having been made by the tenant, and the month allowed for serving any counter-notice in respect of the notice expired before that date without any such counter-notice having been served -, or

(ii)questions arising in connection with the notice were referred to arbitration under that Act before that date and were determined before that date in such a way as to uphold the operation of the notice, and (where applicable) the month allowed for serving any counter-notice in respect of the notice expired before that date without a counter-notice having been served ; or

(iii)the Tribunal consented to the operation of the notice before that date ;

(d)if on the date of death the holding was held by the deceased—

(i)under a tenancy for a fixed term of years of which more than twenty-seven months remained unexpired, or a tenancy for a fixed term of more than one but less than two years ; or

(ii)for an interest less than a tenancy from year to year;

(e)without prejudice to subsection (5) below, if on each of the two last occasions when there died a sole (or sole surviving) tenant (within the meaning of subsection (1) above) of the holding or of an agricultural holding which comprised the whole or a substantial part of the land comprised in the holding there occurred one or other of the following things, namely—

(i)a direction under section 20 of this Act was given by the Tribunal in respect of the holding or such an agricultural holding as aforesaid; or

(ii)a tenancy of the holding or of such an agricultural holding as aforesaid was granted by the landlord to a person who, being on that occasion an eligible person, was or had become the sole or sole remaining applicant for such a direction ;

(f)if the holding consists of land held by a smallholdings authority or the Minister for the purposes of smallholdings within the meaning of Part III of the Agriculture Act 1970, and the tenancy was granted by them or him in pursuance of the said Part III;

(g)if the tenancy was granted by trustees in whom the land is vested on charitable trusts the sole or principal object of which is the settlement or employment in agriculture of persons who have served in any of Her Majesty's naval, military or air forces.

(5)If on any occasion prior to the date of death the holding, or an agricultural holding which comprised the whole or a substantial part of the land comprised in the holding, became let under a new tenancy thereof granted by the landlord, with the agreement of the outgoing tenant, to a person who, if the outgoing tenant had died immediately before the grant, would have fallen within paragraphs (a) to (d) of subsection (1) above, that occasion shall for the purposes of paragraph (e) of subsection (4) above be deemed to be an occasion such as is mentioned in that paragraph on which a direction under section 20 of this Act was given by the Tribunal in respect of the holding or such an agricultural holding as aforesaid. In this subsection " tenant" has the same meaning as in subsection (1) above; and if such a new tenancy was granted as aforesaid for a term commencing later than the date of the grant, the holding in question shall for the purposes of this subsection not be taken to have become let under that tenancy until the commencement of the term.

(6)For the purposes of the following sections of this Part of this Act a certificate of the Minister that a particular agricultural unit is, or would if brought into existence be, a commercial unit within the meaning of Part II of the Agriculture Act 1967 shall be conclusive evidence that this is so ; and any document purporting to be such a certificate and to be signed by or on behalf of the Minister shall be deemed to be such a certificate, unless the contrary is shown.

(7)Unless the context otherwise requires, expressions used in this Part of this Act and the 1948 Act have the same meaning in this Part of this Act as in that Act.

(8)Section 87(1) and (2) of the 1948 Act (Crown land) shall have effect as if references to that Act included references to this Part of this Act.

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