SCHEDULES

SCHEDULE 3Agricultural tenancies

PART 1Amendments to the Agricultural Holdings Act 1986

Succession on death or retirement: condition relating to occupation of commercial unit

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(1)

Section 36 (right of any eligible person to apply for new tenancy on death of tenant) is amended as follows.

(2)

In subsection (3)—

(a)

omit the words from “subject to” to “this Act and”;

(b)

for “conditions are” substitute “ condition is ”;

(c)

omit paragraph (b) and the preceding “and”.

(3)

For subsection (5) substitute—

“(5)

For the purposes of the condition in subsection (3)(a), any period during which a close relative of the deceased was, in the period of seven years mentioned in that condition, attending a full-time course at a university, college or other establishment of higher or further education shall be treated as a period throughout which the relative's only or principal source of livelihood derived from the relative's agricultural work on the holding; but not more than three years in all shall be so treated by virtue of this subsection.”