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Part IIE+W+S+N.I. Amendment of the Small Holdings and Allotments Act, 1908

9 Power to sell and acquire land for annuity.E+W+S+N.I.

(1)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(5)The provisions set out in the First Schedule to this Act shall have effect with respect to annuities under this section.

Annotations:

Amendments (Textual)

F1S. 9(1)-(4) repealed by Rentcharges Act 1977 (c. 30, SIF 98:1), s, 17(2), Sch. 2 (subject to savings in s. 17(4) in relation to applications for apportionment or redemption made before 22.8.1977)

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S+N.I.

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Amendments (Textual)

F311 Duties of county councils with respect to sale or lease of land.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

12 Extension of powers of councils in relation to land acquired under principal Act. E+W+S+N.I.

(1)Subject to the consent of the Board of Agriculture and Fisheries in cases where their consent is required under this section or under regulations made by the Board, a [F4district]council shall have power in any case where in the opinion of the council it is necessary or expedient so to do for the better carrying into effect of the principal Act—

(a)to erect, repair, or improve dwelling houses and other buildings on any land acquired by the council under the principal Act, or to execute any other improvement on or in connection with and for the benefit of any such land, or to arrange with the tenant of any such land for the execution of any such improvement of such terms as may be agreed;

(b)to sell, mortgage, exchange, or let any such land or any interest therein, subject, in the case of any sale, mortgage, or exchange, to the consent of the Board, and in the case of a mortgage subject also to the consent of the Local Government Board;

(c)in a case where no power of appropriation is otherwise provided, with the consent of the Board and the Local Government Board and subject to such conditions as to the repayment of any loan made for the purpose of the acquisition of the land or otherwise as the last-mentioned Board may impose—

(i)to appropriate for any purpose for which the council is authorised to acquire land under the principal Act any land held by the council for other purposes of the council; or

(ii)to appropriate for other purposes of the council land acquired by the council under the principal Act:

(d)generally to manage any land acquired by the council under the principal Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

13†Removal of necessity for consent of Board after a certain period. E+W+S+N.I.

Notwithstanding any provision in the principal Act, the consent of the Board of Agriculture and Fisheries shall not . . . F7 be required for the acquisition, sale, mortgage, exchange, letting, improvement or management of land by a county council under the principal Act, except in cases where such consent is required by some enactment other than the principal Act.

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Amendments (Textual)

Modifications etc. (not altering text)

C2Unreliable marginal note

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S+N.I.

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Amendments (Textual)

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S+N.I.

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Amendments (Textual)

16 Amendment of section 41 of principal Act.E+W+S+N.I.

(1)An order under the principal Act may, notwithstanding anything in section forty-one thereof, authorise the compulsory acquisition—

(a)of any land which at the date of the order forms part of any park or of any home farm attached to and usually occupied with a mansion house, if the land is not required for the amenity or convenience of the mansion house; or

(b)of a holding of fifty acres or less in extent of any part of such a holding.

(2)Where it is proposed to acquire any land forming part of a park or any such home farm, or, except where required for purposes of allotments, a holding of fifty acres or less in extent or of an annual value not exceeding [F10one hundred] pounds for the purposes of income tax, or any part of such a holding, the order authorising the acquisition of the land shall not be valid unless confirmed or made by the Board of Agriculture and Fisheries.

(3)A holding to which the preceding subsection applies shall not in whole or in part be compulsorily acquired under the principal Act by . . . . . . F11 a council where it is shown to the satisfaction of . . . . . . F11 the council . . . . . . F11 that the holding is the principal means of livelihood of the occupier thereof, except where the occupier is a tenant and consents to the acquisition.

Annotations:

Amendments (Textual)

17 Power of county council to acquire land for letting to parish council for allotments. E+W+S+N.I.

A [F12district]council may acquire land for the purpose of leasing it to the council of a parish within the county for the provision of allotments, and the provisions of the principal Act relating to the acquisition, and to proceedings in relation to the acquisition, of land for the purpose of providing small holdings shall apply to such acquisition as if the land were to be acquired for the provision of small holdings.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S+N.I.

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Amendments (Textual)

19 Power of entry to inspect land.E+W+S+N.I.

A council, with a view to ascertaining whether any land is suitable for any purpose for which the council has power to acquire land under the principal Act, may by writing in that behalf authorise any person (upon production, if so required, or his authority), to enter and inspect the land specified in the authority, and anyone who obstructs or impedes any person acting under and in accordance with any such authority shall be liable on summary conviction to a fine not exceeding [F14level 2 on the standard scale]

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Amendments (Textual)

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S+N.I.

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21 Provisions as to allotments. E+W+S+N.I.

(1)The council of any borough, urban district or parish may purchase any fruit trees, seeds, plants, fertilizers or implements required for the purposes of allotments cultivated as gardens, whether provided by the council or otherwise, and sell any article so purchased to the cultivators, or, in the case of implements, allow their use, at a price or charge sufficient to cover the cost of purchase.

(2)The powers conferred by the preceding subsection shall be exercisable by a council only where in the opinion of the council the facilities for the purchase or hire of the articles therein referred to from a society on a co-operative basis are inadequate.

(3)Rules made by a council under section twenty-eight of the principal Act, shall, unless otherwise expressly provided, apply to an allotment, though held under a tenancy made before the rules come into operation.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

F17(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F17S. 21(5) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

Modifications etc. (not altering text)

22 Power of appropriation of land.E+W+S+N.I.

(1)A council of a borough, urban district, or parish may, in a case where no power of appropriation is otherwise provided, . . . F18,—

(a)appropriate for the purpose of allotments any land held by the council for other purposes of the council; or

(b)appropriate for other purposes of the council land acquired by the council for allotments.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

23 Agreement as to compensation where land is let for provision of allotments.E+W+S+N.I.

Where land is let for the provision of allotments either to a council under the principal Act or to an association formed for the purpose of creating or promoting the creation of allotments, the right of the council or association to claim compensation from the landlord on the determination of the tenancy shall be subject to the terms of the contract of tenancy, notwithstanding the provision of any Act to the contrary:

Provided that this section shall not prejudice or affect any right on the part of a person holding under a tenancy granted by the council or association to claim compensation from the council or association on the determination of his tenancy.

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S+N.I.

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Amendments (Textual)

25 Minor amendments of principal ActE+W+S+N.I.

(1)The provisions of the principal Act specified in the first column ofthe Second Schedule to this Act shall be amended in the mannerspecified in the second column of that schedule.

(2 ) . . .F21

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C6The text of S. 25(1) 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.