SCHEDULES
SCHEDULE 3

Agricultural tenancies
PART 1

Amendments to the Agricultural Holdings Act 1986

Succession on death or retirement: condition relating to suitability
17
In section 39 (applications for tenancy of holding), for subsection (8) substitute—
8
For the purposes of this section, a person's suitability to become the tenant of a holding is to be determined (having regard to any views stated by the landlord) in accordance with criteria specified in regulations made by—
a
the Secretary of State, in relation to England, and
b
the Welsh Ministers, in relation to Wales.
8A
The criteria referred to in subsection (8) must relate to the person's likely capacity to farm the holding commercially to high standards of efficient production and care for the environment, and may in particular include—
a
criteria relating to the person's experience, training or skills in agriculture or business management;
b
criteria relating to the person's physical health, financial standing or character;
c
criteria relating to the character or condition of the holding or the terms of the tenancy.
Sch. 3 para. 17 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)