OpenLegislation

Paragraph 2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

For the purposes of this Part of this Schedule and unless the context otherwise requires–

(a)

“agricultural tenancy from year to year” means a tenancy from year to year created under a contract for an agricultural tenancy as defined by section 1(2) of the Agricultural Holdings Act 1986f1, or an agreement to which section 2 or 3 of that Act applies unless that agreement takes effect as an agreement approved by the Minister in accordance with section 2 or 5 of that Act;

(b)

a farmer has relevant tenure of agricultural land where he is–

(i)

a tenant of the land under an agricultural tenancy from year to year,

(ii)

a tenant of the land under a tenancy for a fixed term subject to the Agricultural Holdings Act 1986,

(iii)

a tenant of the land under an agreement approved by the Minister in accordance with section 2 or 5 of the Agricultural Holdings Act 1986,

(iv)

a tenant of the land under a farm business tenancy as defined in section 1 of the Agricultural Tenancies Act 1995f2,

(v)

farming the land under an agreement which would have been an agricultural tenancy from year to year had the Agricultural Tenancies Act 1995 not come into force, or

(vi)

farming the land under a sharefarming agreement;

(c)

“specified period” means the set-aside period and the period of two years prior to its commencement; and

(d)

an agricultural tenancy from year to year has been granted by succession where it was–

(i)

obtained by virtue of a direction under section 39 or 53 of the Agricultural Holdings Act 1986 (direction for a grant of tenancy to successor on death or retirement of the previous tenant),

(ii)

granted (following a direction under section 39 of that Act) in circumstances within section 45(6) of that Act (new tenancy granted by agreement to persons entitled to a tenancy under direction), or

(iii)

granted in circumstances within section 37(1)(b) or (2) of that Act (tenancy granted by agreement to a close relative).

Annotations

Footnotes

f1

1986 c. 5.

f2

1995 c. 8.