HC Deb 09 July 1984 vol 63 c848

2.—(1) Occupation by a survivor of the deceased of any agricultural land shall be disregarded for the purposes of the occupancy condition if he occupies it only—

  1. (a) under a tenancy approved by the Minister under section 2(1) of the 1948 Act or under such a tenancy relating to the use of land for grazing or mowing as is referred to in the proviso to that provision;
  2. (b) under a tenancy for more than one year but less than two years;
  3. (c) under a tenancy not falling within paragraph (a) or (b) above and not having effect as a contract of tenancy;
  4. (d) under a tenancy to which section 3 of the 1948 Act does not apply by virtue of section 3B of that Act;
  5. (e) as a licensee; or
  6. (f) as an executor, administrator, trustee in bankruptcy or person otherwise deriving title from another person by operation of law.

(2) Paragraphs (a) to (e) of sub-paragraph (1) above do not apply in the case of a tenancy or licence granted to a survivor of the deceased by his spouse or by a body corporate controlled by him.

(3) References in the following provisions of this Schedule to the occupation of land by any person do not include occupation under a tenancy, or in a capacity, falling within paragraphs (a) to (f) of that sub-paragraph.