Agricultural Holdings Act 1986

Preliminary E+W

1 (1) In this Schedule— E+W

• “the livelihood condition” means paragraph (a) of the definition of “eligible person” in section 36(3) of this Act;

• “the occupancy condition” means paragraph (b) of that definition.

(2) For the purposes of the Schedule a body corporate is controlled by a close relative of the deceased if he or his spouse [F1 or his civil partner], or he and his spouse together [F2 or he and his civil partner together], have the power to secure—

(a) by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate, or

(b) by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate,

that the affairs of that body corporate are conducted in accordance with his, her or their wishes, respectively.

(3) Any reference in this Schedule to the spouse of a close relative of the deceased does not apply in relation to any time when the relative’s marriage is the subject of a decree of judicial separation or a decree nisi of divorce or of nullity of marriage.

[F3 (4) Any reference in this Schedule to the civil partner of a close relative of the deceased does not apply in relation to any time when the relative’s civil partnership is subject to—

(a) a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004, or

(b) a dissolution order, nullity order or presumption of death order that is a conditional order under that Chapter.]

Textual Amendments

F1 Words in Sch. 6 para. 1(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(2)(a); S.I. 2005/3175, {art. 2(1), Sch. 1}

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

F3 Sch. 6 para. 1(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(3); S.I. 2005/3175, {art. 2(1), Sch. 1}