OpenLegislation

Paragraph 13 Service of counter-notice requiring purchase of remainder of agricultural unitI1

England and Wales Not yet in force

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

(1)

This paragraph applies where—

(a)

a purchase notice has been served by a person who has a qualifying interest in agricultural land (“the claimant”),

(b)

an acquiring authority is treated as having served a notice to treat in respect of that interest by virtue of paragraph 5(5) or paragraph 9(1) or (3)(b), and

(c)

the claimant has a qualifying interest in other agricultural land (“the unaffected area”) that forms part of the same agricultural unit as the land to which the notice to treat relates.

(2)

The claimant may serve a counter-notice on the acquiring authority—

(a)

claiming that the unaffected area is not reasonably capable of being farmed as a separate agricultural unit, either by itself or in conjunction with other relevant land, and

(b)

requiring the acquiring authority to purchase the claimant’s interest in all of the unaffected area.

(3)

The claimant must also serve a copy of the counter-notice on any other person who has an interest in the unaffected area (but failure to do so does not affect the validity of the notice).

(4)

The counter-notice and any copies of it must be served within 2 months beginning with the day the notice to treat is treated as having been served.

(5)

In this paragraph—

  • “agricultural land” (“tir amaethyddol”) means land which, immediately before the making of the planning decision or order in consequence of which the purchase notice was served, was agricultural land within the meaning given by section 109(1) of the Agriculture Act 1947 (c. 48);

  • “other relevant land” (“tir perthnasol arall”) means—

    1. (a)

      land that forms part of the same agricultural unit as the agricultural land to which the notice to treat relates, and in which the claimant does not have a qualifying interest, or

    2. (b)

      land that consists of or forms part of any other agricultural unit occupied by the claimant on the day the notice to treat is treated as having been served, and in which the claimant has a qualifying interest on that day;

  • “qualifying interest” (“buddiant cymhwysol”) means a greater interest in land than as a tenant for a year or from year to year (whether or not the person with the interest is in occupation of the land).

(6)

Where a notice to treat has been served or is treated by this Schedule or Part 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) as having been served in respect of any land, that land does not form part of the unaffected area or constitute other relevant land unless and until the notice to treat is withdrawn (or treated as having been withdrawn).

(7)

This paragraph does not limit the rights conferred by section 8(2) and (3) of the Compulsory Purchase Act 1965 (c. 56) (provisions as to divided land).

Annotations

Commencement

I1

Sch. 12 para. 13 not in force at Royal Assent, see s. 409(2)