Textual Amendments
F1Word in Sch. 9 para. 13 heading substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(2)(a) (with Sch. 3)
[F213(1)The Lord Chancellor shall appoint a chairman for [F3the Agricultural Land Tribunal], who shall be a [F4person who satisfies the judicial-appointment eligibility condition on a 5-year basis.].
(2)[F5Subject to sub-paragraph (2A) of this paragraph,] the chairman shall hold office for [F6such period as may be specified in the terms of his appointment], and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.
[F7(2A)No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of [F875].]
(3)The chairman may resign his office by notice in writing to the Lord Chancellor.
(4)If the Lord Chancellor [F9and Lord Chief Justice are both] satisfied that the chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or if the chairman is [F10made] bankrupt or makes a composition or arrangement with his creditors, the Lord Chancellor may[F11 , with the concurrence of the Lord Chief Justice, ] revoke the appointment of the chairman.]
Textual Amendments
F2Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F3Words in Sch. 9 para. 13(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(2)(b) (with Sch. 3)
F4Words in Sch. 9 para. 13(1) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 4; S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F5Words in Sch. 9 para. 13(2) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(a) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F6Words in Sch. 9 para. 13(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(b) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F7Sch. 9 para. 13(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F8Word in Sch. 9 para. 13(2A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(2) (with Sch. 1 para. 43)
F9Words in Sch. 9 para. 13(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
F10Word in Sch. 9 para. 13(4) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18
F11Words in Sch. 9 para. 13(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
[F1214 [ F13 (1)]The Lord Chancellor shall draw up for [F14the Agricultural Land Tribunal] and from time to time revise a panel of deputy-chairmen, who shall be [F15 persons eligible for appointment under paragraph 13(1). ]]
[F13(2)A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of [F1675].]
Textual Amendments
F12Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F13Sch. 9 para. 14 renumbered as sub-paragraph (1) and sub-paragraph 14(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(4) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F14Words in Sch. 9 para. 14(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(3) (with Sch. 3)
F15Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 6(2)
F16Word in Sch. 9 para. 14(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(3) (with Sch. 1 para. 43)
[F1715(1)The Lord Chancellor shall draw up for [F18the Agricultural Land Tribunal] and from time to time revise a panel of persons appearing to him to represent the interests of farmers and a panel of persons appearing to him to represent the interests of owners of agricultural land.
[F19(1A)A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of [F2075].]
(2)Subject to the following sub-paragraph, the persons to be placed on either panel shall be selected by the Lord Chancellor from nominations made at his request by persons appearing to him to represent the interests of farmers or of owners of agricultural land, as the case may be.
(3)The last foregoing sub-paragraph shall not prevent the Lord Chancellor from placing on either of the panels a person not nominated in accordance with that sub-paragraph, if the persons requested to make the nominations for that purpose do not make the required number of nominations, or the nominations they make do not include enough persons who appear to the Lord Chancellor to be suitable.]
Textual Amendments
F17Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F18Words in Sch. 9 para. 15(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(4) (with Sch. 3)
F19Sch. 9 para. 15(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(5) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F20Word in Sch. 9 para. 15(1A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(4) (with Sch. 1 para. 43)
[F2115A.(1)A member of the First-tier Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the Senior President of Tribunals, act as a member of the Agricultural Land Tribunal.E+W
[F22(1A)A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Agricultural Land Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the President of Welsh Tribunals, act as a member of the Agricultural Land Tribunal.]
(2)Every person while acting under this paragraph may perform the functions of a member of the Agricultural Land Tribunal.]
Textual Amendments
F21Sch. 9 para. 15A inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(5) (with Sch. 3)
F22Sch. 9 para. 15A(1A) inserted (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), ss. 62(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
[F2316[F24(1)Subject to paragraph 15A, for each hearing by the Agricultural Land Tribunal of an application or reference thereto, the members of the Agricultural Land Tribunal shall be—
(a)the chairman, or a person nominated by the chairman from the panel of deputy-chairmen, and
(b)one person nominated by the chairman from each of the panels drawn up under paragraph 15.]
(2)The chairman may, if it appears to him expedient so to do, nominate two assessors to be added to the Tribunal for the hearing of an application or reference thereto in order to assist the Tribunal in the hearing.
(3)The assessors shall be selected by the chairman from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors.]
Textual Amendments
F23Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F24Sch. 9 para. 16(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(6) (with Sch. 3)
Modifications etc. (not altering text)
C1Sch. 9 para. 16(1) modified by Land Drainage Act 1976 (c. 70), s. 42(1)
[F25 16A [F26(1)] If the chairman of [F27the Agricultural Land Tribunal] is prevented by sickness or any other reason from making nominations under sub-paragraphs (1) and (2) of the last foregoing paragraph or from otherwise discharging the duties of his office, those duties may be discharged by a person appointed from the panel of deputy-chairmen F28... by the chairman or, if the chairman is unable to make the appointment, by the [F29Lord Chief Justice, after consulting the Lord Chancellor]]
[F30(2)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).]
Textual Amendments
F25Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F26Sch. 9 para. 16A(1): Sch. 9 para. 16A renumbered as Sch. 9 para. 16A(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
F27Words in Sch. 9 para. 16A(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(7)(a) (with Sch. 3)
F28Words in Sch. 9 para. 16A(1) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(7)(b) (with Sch. 3)
F29Words in Sch. 9 para. 16A(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
F30Sch. 9 para. 16A(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(c); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
Modifications etc. (not altering text)
C2Sch. 9 para. 16A extended by Land Drainage Act 1976 (c. 70), s. 42(2)
C3Sch. 9 para. 16A applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 31(3), 76(2), (with ss. 67(3)(5)(8), 72(6), 74(3)(4))
17(1)[F31The Lord Chancellor] may by order direct that the foregoing provisions of this Schedule as to the nominated members of [F32the Agricultural Land Tribunal] shall have effect subject to such modification of the number of such members, and such additions to the classes of persons referred to in paragraph 15 of this Schedule, as may be specified in the order.
(2)Any order under this paragraph shall be of no effect unless approved by resolution of each House of Parliament.
Textual Amendments
F31Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(3)
F32Words in Sch. 9 para. 17(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(8) (with Sch. 3)
18
Textual Amendments
F33Sch. 9 para. 18 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I