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Allotments Act 1922

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This is the original version (as it was originally enacted).

22Interpretation

(1)For the purposes of this Act, where the context permits—

  • The expression " allotment garden " means an allotment not exceeding forty poles in extent which is wholly or mainly cultivated by the occupier for the production of vegetable or fruit crops for consumption by himself or his family;

  • The expression " landlord " means in relation to any land the person for the time being entitled to receive the rents and profits of the land ;

  • The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under this Act in respect of compensation and shall include the legal personal representative of either party;

  • The expression " council " shall, in the case of a rural parish not having a parish council, mean the parish meeting;

  • The expression " industrial purpose " shall not include use for agriculture, and the expression " agriculture or sport " includes forestry, horticulture, or the keeping and breeding of livestock ;

  • The expression " the Allotments Acts " means the provisions of the Small Holdings and Allotments Acts, 1908 to 1919, which relate to allotments and this Act;

  • The expression " Minister " means the Minister of Agriculture and Fisheries ;

  • The expression " borough " includes a metropolitan borough;

  • The expression " sinking fund charges " includes any charges for the repayment of loans whether by means of a sinking fund or otherwise.

(2)For the purposes of this Act, references to population shall be construed as references to population according to the published returns of the last census for the time being.

(3)Compensation recoverable by a tenant under this Act for crops or other things shall be based on the value thereof to an incoming tenant.

(4)Where land is used by the tenant thereof as an allotment garden, then, for the purposes of this Act, unless the contrary is proved—

(a)the land shall be deemed to have been let to him to be used by him as an allotment garden; and

(b)where the land has been sublet to him by a local authority or association which holds the land under a contract of tenancy, the land shall he deemed to have been let to that authority or association for the purpose of being sub-let for such use as aforesaid.

(5)The powers conferred by this Act on a council of a borough, may, in London, be exercised by the London County Council.

(6)For removing doubts, it is hereby declared that the expression "holding" in the Agricultural Holdings Act, 1908, and in the [9 & 10 Geo,. 5. c. 63.] Agricultural Land Sales (Restriction of Notices to Quit) Act, 1919, does not include any allotment garden or any land cultivated as a garden unless it is cultivated wholly or mainly for the purpose of the trade or business of market gardening.

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