Agricultural Holdings Act 1986 (c. 5)

SCHEDULES

[F1 SCHEDULE 6 E+W Eligibility to Apply For New Tenancy Under Part IV of this Act

Textual Amendments

F1 Sch. 6 omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c), Sch. 3 para. 16

Part I E+W “Eligible Person”: Supplementary Provisions

Occupation by spouse [F2 , civil partner] or controlled company E+W

Textual Amendments

F2 Words in cross-heading preceding Sch. 6 para. 9 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(8); S.I. 2005/3175, {art. 2(1), Sch. 1}

9 (1) For the purposes of the occupancy condition and of paragraph 7 above, occupation— E+W

(a) by the spouse [F3 , or civil partner,] of a close relative of the deceased, or

(b) by a body corporate controlled by a close relative of the deceased,

shall be treated as occupation by the relative.

(2) Where, in accordance with sub-paragraph (1) above, paragraph 7 above applies to a close relative of the deceased in relation to any time by virtue of the [F4 joint occupation of land by—

(a) his spouse or civil partner or a body corporate, and

(b) any other person or persons,

sub-paragraphs] (2) and (3) of that paragraph shall apply to the relative as if he were the holder of the interest in the land for the time being held by his spouse [F5 or civil partner,] or the body corporate, as the case may be.]

Textual Amendments

F3 Words in Sch. 6 para. 9(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(5); S.I. 2005/3175, {art. 2(1), Sch. 1}

F4 Words in Sch. 6 para. 9(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(6)(a); S.I. 2005/3175, {art. 2(1), Sch. 1}

F5 Words in Sch. 6 para. 9(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 39(6)(b); S.I. 2005/3175, {art. 2(1), Sch. 1}