Section 35 Application of sections 36 to 48.

Sections 36 to 48 below (except sections 40(5), 42 and 45(8) which are of general application) shall apply where—

In sections 36 to 48 below F1...—

• “close relative” of a deceased tenant means—

  1. (a)

     the wife F2, husband or civil partner of the deceased;

  2. (b)

     a brother or sister of the deceased;

  3. (c)

     a child of the deceased;

  4. (d)

     any person (not within (b) or (c) above) who, in the case of any marriage F3or civil partnership to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage or civil partnership;

• “the date of death” means the date of the death of the deceased;

• “the deceased” means the deceased tenant of the holding;

• “the holding” (except where the context otherwise requires) means the agricultural holding mentioned in subsection (1) above;

• “related holding” means, in relation to the holding, any agricultural holding comprising the whole or a substantial part of the land comprised in the holding;

• “the tenancy” means the tenancy of the holding.

Where this Act applies in relation to a tenancy by virtue of section 4(1)(g) of the Agricultural Tenancies Act 1995, the reference in subsection (2) above (in the definition of related holding) to a substantial part of the land comprised in the holding means a substantial part determined by reference to either area or value.