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Agriculture Act 1958

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Section 8.

[F1FIRST SCHEDULEE+W+S Minor and Consequential Amendments]

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Amendments (Textual)

F1Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) ACt 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Pt. I (with s. 45(3), Sch. 12 paras. 1, 3)

Part IE+W+S England and Wales

Hill Farming Act, 1946E+W+S

1On the appointed day, in section twenty-one (which empowers the Minister to avoid or relax covenants in leases prohibiting or restricting the burning of heather or grass), the following subsections shall be substituted for subsection (1)—E+W+S

“ (1) Where the lease of the land in England or Wales contains a covenant, condition or agreement whereby the burning of heather or grass by the tenant is prohibited or restricted, the Agricultural Land Tribunal, on an application by the tenant, may if it appears to them that the covenant, condition or agreement is preventing or impeding the proper use for agricultural purposes of the land comprised in the lease or any of that land and that it is expedient in all the circumstances so to do, give such directions for avoiding or relaxing the covenant or agreement as they think fit. ”

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Modifications etc. (not altering text)

C1The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Agriculture Act, 1947E+W+S

2Section fifty-three (which empowers the Minister, where it appears to him that a smallholdings authority have failed to fulfil their responsibilities to manage in accordance with the rules of good estate management land held by them for the purposes of smallholdings, to direct the authority to carry out certain work on the land) shall cease to have effect.E+W+S

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Modifications etc. (not altering text)

C2The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3In section seventy-three (which provides for the establishment, constitution and procedure of Agricultural Land Tribunals)—E+W+S

(a)for references to the Minister there shall be substituted references to the Lord Chancellor;

(b)in subsection (1), for the words “determining matters referred to them under this Act” there shall be substituted the words “ hearing and determining references and applications made to them under any enactment ”;

(c)in subsection (3), the following paragraph shall be inserted after the words “and in particular—” —

(aa) as to the manner in which applications are to be made to the Tribunals and the time within which they are to be made;

and paragraph (c) shall be omitted;

(d)in subsection (4), the words “ or application ” shall be inserted after the word “reference”; and

(e)after the subsection (4) there shall be inserted the following subsection—

(5)An Agricultural Land Tribunal may, for the purpose of hearing and determining applications and references made to them under any enactment, sit in two or more divisions, and, in relation to the hearing and determination of any such applications or reference by such a division, that division shall be deemed to be the Tribunal.

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Modifications etc. (not altering text)

C3The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4In relation to Agricultural Land Tribunals, section seventy-five (which provides for the case where land lies partly in the area of one such tribunal and partly in the area of another) shall have effect (except as respects a reference to such a tribunal under section eighty-five or section eighty-six of the Act of 1947) as if, for the reference therein to the Minister, there were substituted a reference to the Lord Chancellor.E+W+S

5(1)The Ninth Schedule shall be amended in accordance with the following provisions of this paragraph.E+W+S

(2)The following paragraphs shall be substituted for paragraphs 13 to 16—

13(1)The Lord Chancellor shall appoint a chairman for each Agricultural Land Tribunal, who shall be a barrister or solicitor of not less than seven years’ standing.

(2)The chairman shall hold office for three years, and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.

(3)The chairman may resign his office by notice in writing to the Lord Chancellor.

(4)If the Lord Chancellor is satisfied that the Chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or if the chairman is adjudged bankrupt or makes a compositionor arrangement with his creditors, the Lord Chancellor may revoke the appointment of the chairman.

14The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of deputy-chairman, who shall be barristers or solicitors off not less than seven years’ standing.

15(1)The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of persons appearing to him to represent the interests of farmers and a panel of persons appearing to him to represent the interests of owners of agricultural land.

(2)Subject to the following sub-paragraph, the persons to be placed on either panel shall be selected by the Lord Chancellor from nominations made at his request by persons appearing to him to represent the interests of farmers or owners of agricultural land, as the case may be.

(3)The last foregoing sub-paragraph shall not prevent the Lord Chancellor from placing on either of the panels a person not nominated in accordance with that sub-paragraph, if the persons requested to make the nominations for that purpose do not make the required number of nominations, or the nominations they make do not include enough persons who appear to the Lord Chancellor to be suitable.

16(1)For each hearing by an Agricultural Land Tribunal of an application or reference thereto the members of the Tribunal shall be—

(a)the chairman, or a person nominated from the panel of deputy-chairmen (whether for that Tribunal or for any other Agricultural Land Tribunal) or from the chairmen of other Agricultural Land Tribunals, and

(b)one person nominated by the chairman from each of the panels for that Tribunal drawn up under the last foregoing paragraph or from a corresponding panel for any other Agricultural Land Tribunal.

(2)The chairman may, if it appears to him expedient so to do, nominate two assessors to be added to the Tribunal for the hearing of an application or reference thereto in order to assist the Tribunal in the hearing.

(3)The assessors shall be selected by the chairman from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors

16AIf the chairman of an Agricultural Land Tribunal is prevented by sickness or any other reason from making nominations under sub-paragraphs (1) and (2) of the last foregoing paragraph or from otherwise discharging the duties of his office, those duties may be discharged by a person appointed from the panel of deputy-chairmen for that Tribunal by the chairman or, if the chairman is unable to make the appointment, by the Lord Chancellor.

(3)In paragraph 17, for the reference to the Minister there shall be substituted a reference to the Lord Chancellor.

(4)Paragraph 18 shall cease to have effect.

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Modifications etc. (not altering text)

C4The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Agricultural Holdings Act, 1948E+W+S

6—7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

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Amendments (Textual)

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

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Amendments (Textual)

F3Sch. 1 paras. 8, 19, 23, 24 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978)

9On the appointed day, in section twenty-five—E+W+S

(a)subsections (2) to (4) shall cease to have effect;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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Amendments (Textual)

Modifications etc. (not altering text)

C5The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

10—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S

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Amendments (Textual)

12Section twenty-eight (which empowers the Minister to give the tenant of an agricultural holding, being a holding in respect of which a certificate of bad husbandry under section twenty-four of the Act of 1948 is in force, directions for securing that the holding does not further deteriorate before the termination of the tenancy) shall cease to have effect.E+W+S

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Modifications etc. (not altering text)

C6The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S

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Amendments (Textual)

14—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S

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Amendments (Textual)

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S

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Amendments (Textual)

F8Sch. 1 paras. 8, 19, 23, 24 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978)

20, 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S

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Amendments (Textual)

E+W+S

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S

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Amendments (Textual)

E+W+S

23, 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S

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Amendments (Textual)

F11Sch. 1 paras. 8, 19, 23, 24 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978)

E+W+S

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S

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Amendments (Textual)

Agriculture (Miscellaneous Provisions) Act, 1954E+W+S

26In section five, in subsection (1) (which empowers an Agricultural Land Tribunal to award costs against a person concerned in a reference to them who has acted frivolously, vexatiously or oppressively), after the word “reference” in each place where it occurs there shall be inserted the words “ or application ”.E+W+S

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Modifications etc. (not altering text)

C7The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

27In section six—E+W+S

(a)subsection (3) (which entitles the Minister to appear and be heard on a reference or application to the High Court in respect of a question of law arising in the course of proceedings before an Agricultural Land Tribunal) shall cease to have effect; and

(b)the power to make orders conferred by subsection (6) shall be exercisable by the Lord Chancellor and not by the Minister.

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Modifications etc. (not altering text)

C8The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S

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Amendments (Textual)

Landlord and Tenant Act, 1954E+W+S

29Subsection (1) of section forty-three shall have effect, and be deemed always to have had effect, as if, at the end of paragraph (a) thereof, there were inserted the words “ or a tenancy which would be a tenancy of an agricultural holding if the proviso to subsection (1) of section two of the Agricultural Holdings Act, 1948, did not have effect or, in a case where the approval of the Minister of Agriculture, Fisheries and Food was given as mentioned in the said subsection (1), if that approval has not been given ”.E+W+S

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Modifications etc. (not altering text)

C9The text of Sch. 1 paras. 1, 2, 3(b)–(e), 5(2)(4), 9(a), 12, 26, 27(a), 29–34, 35(b)(c), 36(a)(b), 37–40, 41(b)(c), 42, 43(b), 44, 45(b)(c), 46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[F14Part IIE+W+S Scotland]

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Amendments (Textual)

F15Agriculture (Scotland) Act, 1948E+W+S

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Amendments (Textual)

F15Sch. 1 repealed (S.) (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88, 89(2), Sch. 13 Part I(with s. 45(3), Sch. 12 paras. 1, 3)

F1630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1731. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Agricultural Holdings (Scotland) Act, 1949E+W+S

F1832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F1933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2034. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2640. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2741. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F3044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951E+W+S

F3145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F3246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F33F33SECOND SCHEDULEE+W+S

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

F34F34THIRD SCHEDULEE+W+S

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Section 10.

FOURTH SCHEDULEE+W+S Transitional Provisions

1Where, by virtue of any provision of the First Schedule to this Act, any functions of the Minister under an enactment referred to in that provision fall to be exercised after the coming into operation thereof by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, anything done in the exercise of those functions, in so far as it has effect immediately before the coming into operation of that provision shall, subject to the provisions of this Schedule, continue to have effect thereafter as if done by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, as the case may be, under the said enactment as amended by this Act.E+W+S

2Notwithstanding the repeal by this Act of section fourteen of the Act of 1947—E+W+S

(a)a direction given by the Minister under paragraph (a) of subsection (1) of that section which is in force immediately before the passing of this Act shall continue in force, and the provisions of the Act of 1947 applicable for the purposes of such a direction shall continue to apply for those purposes notwithstanding the repeal by this Act of any of those provisions;

(b)the right conferred on the Minister by subsection (5) of the said section fourteen to recover the reasonable cost of work carried out before the passing of this Act in the exercise of powers conferred by that subsection shall continue to be exercisable, and subsection (6) of that section shall continue to apply in relation to disputes as to the reasonable cost of such work; and

(c)the Second Schedule to the Act of 1947 shall continue to apply as respects a direction given under the said section fourteen.

3Notwithstanding the repeal by this Act of section fifteen of the Act of 1947, subsection (6) of that section shall continue to have effect as respects the right of a tenant to compensation for an improvement carried out before the passing of this Act.E+W+S

4(1)This paragraph shall apply where, immediately before the passing of this Act, the Minister was in possession of land under section eighteen of the Act of 1947.E+W+S

(2)In this paragraph—

  • the landlord” has the same meaning as in the said section eighteen;

  • the landlord’s agreement” means the agreement, if any, regulating the Minister’s possession of the land made between the Minister and the landlord under subsection (2) of the said section eighteen.

(3)The Minister shall be entitled to remain in possession of the land until the eleventh day of October, nineteen hundred and fifty-eight.

(4)If, immediately before the said eleventh day of October, the land is being farmed by a person entrusted by the Minister with the farming thereof (in this sub-paragraph referred to as “the farmer”) then, on that day—

(a)the farmer shall become the tenant of the land under a tenancy from year to year beginning on that day on such terms as may thereafter be agreed between the farmer and the landlord or as may, in default of agreement, be determined by arbitration under the Act of 1948; and

(b)the landlord’s agreement and the agreement regulating the farming of the land made between the Minister and the farmer under paragraph (b) of subsection (2) of the said section eighteen shall each determine as if the condition specified in paragraph (b) of subsection (5) of that section had been satisfied.

(5)If, immediately before the said eleventh day of October, the land is being farmed by a person acting under the direction of the Minister the landlord’s agreement shall determine on that day as if the landlord had served on the Minister a notice in writing under paragraph (a) of subsection (5) of the said section eighteen two months before that day.

(6)Notwithstanding the repeal by this Act of the said section eighteen, subsections (2) and (4) and (6) to (8) of that section shall continue to apply in relation to the land, so however that paragraph (b) of the said subsection (2) shall not apply in relation thereto.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W+S

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Amendments (Textual)

6—8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W+S

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9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W+S

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Amendments (Textual)

10(1)Nothing in paragraph 5 of the First Schedule to this Act, shall affect the appointment of a chairman of an Agricultural Land Tribunal made before the passing of this Act or any proceedings before such a Tribunal commenced before the passing thereof.E+W+S

(2)A panel drawn up by the Lord Chancellor before the passing of this Act under paragraph 15 of the Ninth Schedule to the Act of 1947 shall be deemed for the purposes of proceedings commenced after the passing of this Act to have been drawn up under that paragraph as amended by paragraph 5 of the First Schedule to this Act.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38E+W+S

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12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W+S

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Amendments (Textual)

13Paragraphs 1 and 2, paragraphs 5 to 8 . . . F40 of this Schedule shall apply to Scotland, subject to the following modifications that is to say—E+W+S

(a)in paragraph 1, for references to the Minister and to the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator there shall be substituted respectively references to the Secretary of State and to the Land Court or an arbiter;

(b)in paragraph 2, for references to the Minister, to the Act of 1947, to section fourteen of that Act, to paragraph (a) of subsection (1) and to subsections (5) and (6) of that section and to the Second Schedule to that Act, there shall be substituted respectively references to the Secretary of State, to the Scottish Act of 1948, to section twenty-nine of that Act, to paragraph (a) of subsection (1) or subsection (3) and to subsections (6) and (7) of that section and to the Third Schedule to that Act;

(c)in paragraph 5, for references to section eight of the Act of 1948, to the twenty- ninth day of September and to an arbitrator there shall be substituted respectively references to section seven of the Scottish Act of 1949, to the twenty-eighth day of November and to an arbiter;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

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Amendments (Textual)

14Notwithstanding the provisions of paragraph 37 of the First Schedule to this Act, the regulations made by the Secretary of State under section twenty-seven of the Scottish Act of 1949 in force immediately before the day appointed for the coming into operation of section three of this Act shall continue to have effect for the purposes of any proceedings consequent upon a notice to quit in a case where the tenant served on the landlord a counter-notice under subsection (1) of section twenty-five of that Act before that day.E+W+S

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