(1)For the purposes of this section, [F1the Lord Chancellor] shall by order constitute such number of areas, together comprising the whole of England and Wales, as he may consider expedient, and for each area so constituted there shall be established an Agricultural Land Tribunal which shall be charged with the duty of [F2hearing and determining references and applications made to them under any enactment]
(2)The provisions in that behalf of the Ninth Schedule to this Act shall have effect as to the constitution of Agricultural Land Tribunals and otherwise in relation thereto.
(3)[F3The Lord Chancellor] may by order make provision for the procedure of Agricultural Land Tribunals, and in particular—
[F4(aa)as to the manner in which applications are to be made to the Tribunals and the time within which they are made;]
(a)for the taking of evidence on oath, affirmation or otherwise, the cross-examination of witnesses, and for the summoning of witnesses in like manner as for the purposes of an arbitration under [F5the M1Agricultural Holdings Act 1986];
(b)for the recording and proof of the decisions of the Tribunals, and for enabling the Tribunals to decide by a majority;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(4)An order under the last foregoing subsection may make different provision for the procedure on different classes of reference [F7or application] to the Tribunals.
[F8(5)An Agricultural Land Tribunal may, for the purpose of hearing and determining applications and references made to them under any enactment, sit in two or more divisions, and, in relation to the hearing and determination of any such application or reference by such a division, that division shall be deemed to be the Tribunal.]
Textual Amendments
F1Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 3(a)
F2Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 3(b)
F3Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 3(a)
F4S. 73(3)(aa) inserted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 3(c)
F5Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 18
F6S. 73(3)(c) repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I
F7Words inserted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 3(d)
F8S. 73(5) added by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 3(e)
Modifications etc. (not altering text)
C1S. 73(3) extended by Agriculture (Miscellaneous Provisions) Act 1954 (c. 39), s. 6(4)(6) and Agriculture (Miscellaneous Provisions) Act 1976 (c. 55), s. 20(14)
Marginal Citations
(1)In any case where by any of the provisions of this Act a person is empowered to require that a proposal of the Minister to take any action shall be referred to the Agricultural Land Tribunal, then if within the prescribed time and in the prescribed manner the said person so requires, the proposal shall be referred accordingly.
(2)On any such reference the Tribunal shall determine—
(a)whether the conditions as to which the Minister must be satisfied before taking the action are fulfilled, and
(b)whether, having regard to their determination under the foregoing paragraph and to all the circumstances of the case, the Minister should or should not take the action proposed,
and shall report to the Minister accordingly; and the Minister shall forward a copy of the report to any person who availed himself of an opportunity to make representations to the Minister afforded to him under the provisions in question of this Act.
(3)In any such case as is mentioned in subsection (1) of this section the Minister shall not give effect to the proposal until the expiration of the period within which a reference to the Tribunal may be required.
(4)Where such a reference is duly required the Minister shall act in accordance with the report of the Tribunal and not otherwise.
(5)Forthwith after taking action in any such case as is mentioned in subsection (1) of this section the Minister shall serve notice thereof in writing on any person who under the provisions in question of this Act was entitled to be afforded an opportunity to make representations to the Minister.