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Statutory Instruments

2007 No. 3105

Agriculture

The Agricultural Land Tribunals (Rules) Order 2007

Made

25th October 2007

Laid before Parliament

31st October 2007

Coming into force

15th January 2008

Go to Explanatory Note

The Lord Chancellor makes the following Order, in exercise of the powers conferred on him by section 73(3) and (4) of the Agriculture Act 1947(1), section 6(4) and (6) of the Agriculture (Miscellaneous Provisions) Act 1954(2) and section 67(7) of the Agricultural Holdings Act 1986 (3), and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992(4).

Citation and commencement

1.  This Order may be cited as the Agricultural Land Tribunals (Rules) Order 2007 and comes into force on 15th January 2008.

Agricultural Land Tribunals Rules

2.—(1) The Schedule (Agricultural Land Tribunals Rules) has effect.

(2) The Rules set out in that Schedule may be cited as the Agricultural Land Tribunals Rules 2007.

Revocations and savings

3.—(1) The Agricultural Land Tribunals (Rules) Order 1978(5) and the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984(6) are revoked.

(2) Where an application to an Agricultural Land Tribunal—

(a) has been made before the commencement of this Order;

(b) is made after the commencement of this Order for a direction entitling the applicant to a tenancy of an agricultural holding on the death or retirement of the tenant when the date of death or the giving of the retirement notice was before the commencement of this Order; or

(c) is made after the commencement of this Order for the Tribunal’s consent to operation of notice to quit when the date on which the tenant served a counter-notice in writing requiring section 26(1) of the Agricultural Holdings Act 1986 shall apply to the notice to quit was before the date of the commencement of this Order,

the Agricultural Land Tribunals (Rules) Order 1978 or the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984, as the case may be, continue to apply to that application as if they had not been revoked.

Signed on the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

25th October 2007

Article 2

SCHEDULE Agricultural Land Tribunals Rules

Contents

  1. PART 1

    Interpretation

    1. 1. Interpretation

  2. PART 2

    Applications and replies

    1. 2. Making an application

    2. 3. Acknowledgement, registration and delivery of applications

    3. 4. Action by respondent on receipt of an application

    4. 5. Additional matters

    5. 6. Withdrawal of application or reply

    6. 7. Documents and other material to accompany application or reply

  3. PART 3

    Preliminary procedures

    1. 8. Amendment of application or reply

    2. 9. Action by interested parties on receipt of copy of application or reply

    3. 10. Addition of new parties to the proceedings

    4. 11. Directions

    5. 12. Case management meeting

    6. 13. Preliminary issues

    7. 14. Varying or setting aside of directions

    8. 15. Failure to comply with directions

    9. 16. Notice of date, time and place

    10. 17. Public notice of hearings

    11. 18. Consolidation or hearing together of applications

    12. 19. Power to decide application without a hearing

    13. 20. Hearing bundles

  4. PART 4

    Hearings and decisions

    1. 21. Hearings to be in public

    2. 22. Failure of parties to attend

    3. 23. Procedure at hearing

    4. 24. Evidence of witnesses

    5. 25. Entry on land or premises

    6. 26. Inspection of land or premises by official expert

    7. 27. Expert evidence

    8. 28. Expert’s overriding duty to the Tribunal

    9. 29. Form and content of expert’s report

    10. 30. Decision of Tribunal

    11. 31. Duty to adjourn part of hearing where time limits have not expired

    12. 32. Review of Tribunal’s decision

  5. PART 5

    Additional powers and provisions

    1. 33. Power to regulate procedure etc.

    2. 34. Power to strike out

    3. 35. Exclusion of persons disrupting proceedings

    4. 36. Enquiries of local authorities etc

    5. 37. Reference to the High Court of a question of law

    6. 38. Modification of Tribunal’s decision following High Court proceedings

  6. PART 6

    Specific applications

    1. 39. Consent to operation of notice to quit

    2. 40. Succession on death or retirement

    3. 41. Applications under sections 44, 46 or 55 of the 1986 Act

    4. 42. Procedure at hearing in case of multiple applicants where designation is claimed

    5. 43. Multiple applications under the 1986 Act where there is no designated applicant

    6. 44. Applications under section 67 of the 1986 Act

    7. 45. Applications under the Land Drainage Act 1991

  7. PART 7

    Supplemental provisions

    1. 46. Review of directions

    2. 47. Irregularities

    3. 48. Proof of documents and decisions

    4. 49. Method of delivering and receipt of documents

    5. 50. Substituted delivery of documents

    6. 51. Variation of time limits

(1)

1947 c.48. Back [1]

(2)

1954 c.39. Back [2]

(3)

1986 c.5. Back [3]

(5)

S.I. 1978/259. Back [5]

(6)

S.I. 1984/1301. Back [6]