Section 28 Special provisions as to market gardens.

The provisions of this section shall have effect where the land comprised in a compulsory rights order consists of or includes land which, immediately before the date of entry, was agricultural land used as a market garden F1and was not comprised in a farm business tenancy..

Subject to the next following subsection, section twenty-six of this Act shall have effect in relation to that land as if the descriptions of improvements specified in Part VI of the Fourth Schedule to this Act were included among the descriptions of improvements specified in Part I of that Schedule.

Where the land in question, immediately before the date of entry, was occupied by a tenant, the last preceding subsection shall not apply to any improvements of a description specified in Part VI of the Fourth Schedule to this Act unless they are improvements in respect of which F2subsections (2) to (5) of section 79 of the Act of 1986 (which relates to market gardens) has effect, whether by virtue of an agreement or of a direction given under F3subsections (2) of section 80 of that Act.

In relation to land falling within subsection (1) of this section, any reference in the preceding provisions of this Part of this Act to rights under F4sections 10 of the Act of 1986 shall include a reference to rights under that section as extended by F5subsection (3) of section 79 of the Act of 1986.

If, by virtue of the power conferred by F6section 91 of the Act of 1986 the provisions of Schedule 10 to that Act are varied, the Minister may by order make such corresponding variations in the provisions of Part VI of the Fourth Schedule to this Act as he may consider appropriate.

In the application of this section to Scotland F7in subsection (1) of this section, the words “and was not comprised in a farm business tenancy” shall be omitted; and, for the references to F8subsections (2) to (5) of section 79 of the Act of 1986 and subsection (3) of that sectionof that section, there shall be substituted respectively references F9 section 40 of the Scottish Act of 1991 and to subsection (4)(a) of that section; for the references to F10subsection (2) of section 80 of the Act of 1986 and to section 10 of that Act there shall be substituted respectively references to section 41(1) and to section 18 of the Scottish Act of 1991; for the references to F11section 91 of the Act of 1986 and to Schedule 10 to that Act there shall be substituted respectively references to section 73 of the Scottish Act of 1991 and to Schedule 6 thereto; and for the reference to Part I of the Fourth Schedule to this Act there shall be substituted a reference to Part IV of that Schedule.