Small Holdings and Allotments Act 1908

Powers of Councils in relation to the provision of AllotmentsE+W

25 Acquisition of land for purpose of Act.E+W

(1)The Council of a borough, urban district, or parish may, for the purpose of providing allotments, by agreement purchase or take on lease land, whether situate within or without their borough, district, or parish [F1or may purchase such land compulsorily in accordance with the provisions of this Act and of the [F2Acquisition of Land Act 1981],in that behalf].

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

26 Improvement and adaptation of land for allotments.E+W

(1)The council of a borough, urban district, or parish may improve any land acquired by them for allotments and adapt the same for letting in allotments, by draining, fencing, and dividing the same, acquiring approaches, making roads and otherwise, as they think fit, and may from time to time do such things as may be necessary for maintaining such drains, fences, approaches, and roads, or otherwise for maintaining the allotments in a proper condition.

(2)The council may also adapt the land for allotments by erecting buildings and making adaptations of existing buildings, but so that not more than one dwelling-house shall be erected for occupation with any one allotment; and no dwelling-house shall be erected for occupation with any allotment of less than one acre.

27 Provisions as to letting of allotments.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4)An allotment shall not be sublet [F8except with the consent of the council.]

(5)If at any time an allotment cannot be let in accordance with the provisions of this Act and the rules made thereunder, the same may be let to any person whatever at the best annual rent which can be obtained for the same, without any premium F9. . ., and on such terms as may enable possession thereof to be resumed within a period not exceeding twelve months if it should at any time be required to be let under the provisions aforesaid.

(6)A council shall have the same power of letting one or more allotments to persons working on a co-operative system or [F10of letting or selling] to an association formed for the purposes of creating or promoting the creation of allotments as may be exercised as respects small holdings by a county council.

Textual Amendments

F9Words in s. 27(5) repealed (5.11.1993) by 1993 c. 50, s.1(1), Sch. 1 Pt. III

F10Words inserted by Land Settlement(Facilities) Act 1919 (c. 59), Sch.2

28 Rules as to letting allotments. E+W

(1)Subject to the provisions of this Act, a borough, urban district, or parish council may make such rules as appear to be necessary or proper for regulating the letting of allotments under this Act, and for preventing any undue preference in the letting thereof, and generally for carrying the provisions of this Part of this Act into effect.

(2)Rules under this section may define the persons eligible to be tenants of allotments, the notices to be given for the letting thereof, the size of the allotments, the conditions under which they are to be cultivated, and the rent to be paid for them.

(3)All such rules shall make provision for reasonable notice to be given to a tenant of any allotment of the determination of his tenancy.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(4)Rules for the time being in force under this section shall be binding on all persons whatsoever; and the council shall cause them to be from time to time made known, in such manner as the council think fit, to all persons interested, and shall cause a copy thereof to be given gratis to any inhabitant of the district or parish demanding the same.

Textual Amendments

Modifications etc. (not altering text)

29 Management of allotments.E+W

(1)The council of a borough, urban district, or parish may from time to time appoint, and, when appointed, remove allotment managers of land acquired by the council for allotments, and the allotment managers shall consist either partly of members of the council and partly of other persons, or wholly of other persons, so that in either case such other persons be persons residing in the locality and [F12liable to pay to the district or London borough council in whose area the land is situated an amount in respect of council tax.]

(2)The proceedings and powers of allotment managers shall be such as, subject to the provisions of this Act, may be directed by the council; the allotment managers may be empowered by the council to do anything in relation to the management of the allotments which the council are authorised to do and to incur expenses to such amount as the council authorise, and any expenses properly so incurred shall be deemed to be expenses of the council under this Act.

Textual Amendments

F12Words in s. 29(1) substituted (1. 4. 1993) by virtue of Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para.5 (with s. 118(1)(2)(4); S.I. 1992/2454, art. 3(1)(a).

30 Recovery of rent and possession of allotments.E+W

(1)The rent for an allotment let by a council in pursuance of this Act, and the possession of such an allotment in the case of any notice to quit, or failure to deliver up possession thereof as required by law, may be recovered by the council as landlords, in the like manner as in any other case of landlord and tenant.

(2)If the rent for any allotment is in arrear for not less than forty days, or if it appears to the council that the tenant of an allotment not less than three months after the commencement of the tenancy thereof has not duly observed the rules affecting the allotment made by or in pursuance of this Act, or is resident more than one mile out of the borough, district, or parish for which the allotments are provided, the council may serve upon the tenant, or, if he is residing out of the borough, district, or parish, leave at his last known place of abode in the borough, district, or parish, or fix in some conspicuous manner on the allotment, a written notice determining the tenancy at the expiration of one month after the notice has been so served or affixed, and thereupon the tenancy shall be determined accordingly:

. . . F13

(3)Upon the recovery of an allotment from any tenant, the court directing the recovery may stay delivery of possession until payment of the compensation (if any) due to the outgoing tenant has been made or secured to the satisfaction of the court.

Textual Amendments

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

Textual Amendments

32 Sale of superfluous or unsuitable land. E+W

(1)Where the council of any borough, urban district, or parish are of opinion that any land acquired by them for allotments or any part thereof is not needed for the purpose of allotments, or that some more suitable land is available, they may, . . . F15sell or let such land otherwise than under the provisions of this Act, or exchange the land for other land more suitable for allotments, and may pay or receive money for equality of exchange.

(2)The proceeds of a sale under this Act of land acquired for allotments, and any money received by the council on any such exchange as aforesaid by way of equality of exchange, shall be applied in discharging, either by way of a sinking fund or otherwise, the debts and liabilities of the council in respect of the land acquired by the council for allotments, or in acquiring, adapting, and improving other land for allotments, and any surplus remaining may be applied for any purpose for which capital money may be applied, . . . F16; and the interest thereon (if any) and any money received from the letting of the land may be applied in acquiring other land for allotments, or shall be applied in like manner as receipts from allotments under this Act are applicable.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

Modifications etc. (not altering text)

33 Transfer of allotments to borough, district and parish councils.E+W

(1)The allotment wardens under the Inclosure Acts, 1845 to 1882, having the management of any land appropriated under those Acts either before or after the passing of this Act for allotments or field gardens for the labouring poor of any place, may, by agreement with the council of the borough, urban district, or parish, within whose borough, district, or parish that place is wholly or partly situate, transfer the management of that land to the council, upon such terms and conditions as may be agreed upon with the sanction, as regards the allotment wardens, of the Board, and thereupon the land shall vest in the council.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(3)Where, as respects any rural parish, any Act constitutes any persons wardens of allotments, or authorises or requires the appointment or election of any wardens, committee, or managers for the purpose of allotments, the powers and duties of the wardens, committee, or managers shall, subject to the provisions of this Act, be exercised and performed by the parish council, or, in the case of a parish not having a parish council, by persons appointed by the parish meeting, and it shall not be necessary to make the said appointment or to hold the said election.

(4)The provisions of this Act relating to allotments shall apply to land vested in, or the management whereof has been transferred to, a council under this section or the corresponding provision of any enactment repealed by this Act in like manner as if the land had been acquired by the council under the general powers of this Part of this Act.

Textual Amendments