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Agriculture (Miscellaneous Provisions) Act 1976

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This is the original version (as it was originally enacted).

21Application by not fully eligible person to be treated as eligible

(1)This section applies to any survivor of the deceased who for some part of the seven years ending with the date of death engaged (whether full-time or part-time) in agricultural work on the holding, being a person in whose case—

(a)the conditions specified in paragraphs (a) and (c) of the definition of " eligible person " in section 18(2) of this Act are satisfied ; and

(b)the condition specified in paragraph (b) of that definition, though not fully satisfied, is satisfied to a material extent.

(2)A person to whom this section applies may within the relevant period apply to the Tribunal for a determination that he is to be treated as an eligible person for the purposes of this Part of this Act.

(3)If on an application under this section—

(a)the Tribunal are satisfied that the applicant is a person to whom this section applies ; and

(b)it appears to the Tribunal that in all the circumstances it would be fair and reasonable for the applicant to be able to apply under section 20 of this Act for a direction entitling him to a tenancy of the holding,

the Tribunal shall determine that he is to be treated as an eligible person for the purposes of this Part of this Act, but shall otherwise dismiss the application.

(4)In relation to a person in respect of whom the Tribunal nave determined as mentioned in subsection (3) above this Part of this Act shall apply as if he were an eligible person.

(5)A person to whom this section applies may make an application under section 20 of this Act as well as an application under this section; and if the Tribunal determine as mentioned in subsection (3) above in respect of a person who has made an application under that section, the application under that section shall (without prejudice to subsection (4) above) be treated as made by an eligible person.

(6)Without prejudice to the generality of subsection (1)(b) above, cases where the condition mentioned in subsection (1)(b) above might be less than fully satisfied include cases where the survivor's agricultural work on the holding fell short of providing him with his principal source of livelihood because the holding was too small.

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