Textual Amendments
F1Sch. 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
6(1)Occupation by a close relative of the deceased of any agricultural land shall be disregarded for the purposes of the occupancy condition if he occupies it only—E+W
(a)under a tenancy approved by the Minister under subsection (1) of section 2 of this Act or under a tenancy falling within subsection (3) (a) of that section,
(b)under a tenancy for more than one year but less than two years,
(c)under a tenancy not falling within paragraph (a) or (b) above and not having effect as a contract of tenancy,
(d)under a tenancy to which section 3 of this Act does not apply by virtue of section 5 of this Act,
F2[(dd)under a farm business tenancy, within the meaning of the Agricultural Tenancies Act 1995, for less than five years (including a farm business tenancy which is a periodic tenancy),]
(e)as a licensee, or
(f)as an executor, administrator, trustee in bankruptcy or person otherwise deriving title from another person by operation of law.
(2)Paragraphs (a) to (e) of sub-paragraph (1) above do not apply in the case of a tenancy or licence granted to a close relative of the deceased by his spouse [F3or civil partner] or by a body corporate controlled by him.
(3)References in the following provisions of this Schedule to the occupation of land by any person do not include occupation under a tenancy, or in a capacity, falling within paragraphs (a) to (f) of that sub-paragraph.]
Textual Amendments
F2Sch. 6 para. 6(1)(dd) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 32 (with s. 37).
F3Words in Sch. 6 para. 6(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(4); S.I. 2005/3175, {art. 2(1), Sch. 1}