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SCHEDULES

SCHEDULE 3E+WAgricultural tenancies

PART 1 E+WAmendments to the Agricultural Holdings Act 1986

Succession on death or retirement: condition relating to occupation of commercial unitE+W

10E+WIn section 35 (application of sections 36 to 48), in subsection (2) omit “(and in Part I of Schedule 6 to this Act)”.

Commencement Information

I1Sch. 3 para. 10 in force at Royal Assent for specified purposes, see s. 57(1)(b)(c)

11(1)Section 36 (right of any eligible person to apply for new tenancy on death of tenant) is amended as follows.E+W

(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.

Commencement Information

I2Sch. 3 para. 11 in force at Royal Assent for specified purposes, see s. 57(1)(b)(c)

12E+WIn section 41 (application by not fully eligible person), in subsection (1) omit paragraph (a).

Commencement Information

I3Sch. 3 para. 12 in force at Royal Assent for specified purposes, see s. 57(1)(b)(c)

13(1)Section 50 (right to apply for new tenancy on retirement of tenant) is amended as follows.E+W

(2)In subsection (2)—

(a)omit the words from “(subject to” to “subsection (4) below)”;

(b)for “conditions are” substitute “ condition is ”;

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

(3)For subsection (4) substitute—

(4)For the purposes of the condition in subsection (2)(a), any period during which a close relative of the retiring tenant 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.

Commencement Information

I4Sch. 3 para. 13 in force at Royal Assent for specified purposes, see s. 57(1)(b)(c)

14E+WOmit section 58 (effect of direction under section 53 on succession to other holdings).

Commencement Information

I5Sch. 3 para. 14 in force at Royal Assent for specified purposes, see s. 57(1)(b)(c)

15(1)Section 59 (interpretation of Part 4) is amended as follows.E+W

(2)In subsection (1) omit the words from “(and” to “this Act)”.

(3)In subsection (2) omit the words from “(and” to “above)”.

Commencement Information

I6Sch. 3 para. 15 in force at Royal Assent for specified purposes, see s. 57(1)(b)(c)

16E+WOmit Schedule 6 (eligibility to apply for new tenancy).

Commencement Information

I7Sch. 3 para. 16 in force at Royal Assent for specified purposes, see s. 57(1)(b)(c)