Agricultural Holdings Act 1986

35 Application of sections 36 to 48

(1) Sections 36 to 48 below (except sections 40(5), 42 and 45(8) which are of general application) shall apply where—

(a) an agricultural holding is held under a tenancy which falls within paragraph (a) or (b) of section 34(1) above, and

(b) the sole (or sole surviving) tenant (within the meaning of that section) dies and is survived by a close relative of his.

(2) In sections 36 to 48 below (and in Part I of Schedule 6 to this Act)—

• " close relative " of a deceased tenant means—

  (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 or 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 date of death" means the date of the death of the deceased;

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

• "the holding" (except where the context otherwise requires) means the agricultural holding mentioned in subsection (1) above;

• " related holding " means, in relation to the holding, any agricultural holding comprising the whole or a substantial part of the land comprised in the holding ;

• " the tenancy " means the tenancy of the holding.