Agricultural Holdings Act 1986 (c. 5)

SCHEDULES

[F1 SCHEDULE 6 E+W Eligibility to Apply For New Tenancy Under Part IV of this Act

Textual Amendments

F1 Sch. 6 omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 16

Part I E+W “Eligible Person”: Supplementary Provisions

Deemed occupation in case of tenancy or licence granted by close relative, spouse [F2 , civil partner] or controlled company E+W

Textual Amendments

F2 Words in cross-heading preceding Sch. 6 para. 10 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(8); S.I. 2005/3175, {art. 2(1), Sch. 1}

10 (1) Where— E+W

(a) any agricultural land is occupied by any person under such a tenancy as is mentioned in paragraphs (a) to (d) of paragraph 6(1) above or as a licensee, and

(b) that tenancy or licence was granted by a close relative of the deceased or a connected person (or both), being at the time it was granted a person or persons entitled to occupy the land otherwise than under a tenancy, or in a capacity, falling within paragraphs (a) to (f) of paragraph 6(1),

then, unless sub-paragraph (2) below applies, the close relative shall, for the purposes of the occupancy condition, be deemed to be in occupation of the whole of the land.

(2) Where the tenancy or licence referred to in sub-paragraph (1) above was granted by the person or persons there referred to and one or more other persons who were at the time it was granted entitled to occupy the land as mentioned in paragraph (b) of that sub-paragraph, sub-paragraphs (2) and (3) of paragraph 7 above shall apply to the close relative as if the land were jointly occupied by him and the said other person or persons as holders of their respective interests for the time being in the land.

(3) In this paragraph “connected person”, in relation to a close relative of the deceased, means—

(a) the relative’s spouse [F3 or civil partner], or

(b) a body corporate controlled by the relative;

and for the purposes of sub-paragraph (2) above and the provisions of paragraph 7 there mentioned any interest in the land for the time being held by a connected person by whom the tenancy or licence was granted shall be attributed to the relative.]

Textual Amendments

F3 Words in Sch. 6 para. 10(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(7); S.I. 2005/3175, {art. 2(1), Sch. 1}