HL Deb 02 July 1984 vol 454 cc89-92

40 Page 23, line 10, at end insert— ("(1A) In sub-paragraph (1)(d) above "related holding" means in relation to the holding, any agricultural holding comprising the whole or a substantial part of the land comprised in the holding.").

41 Page 23, line 10, at end insert— ("(1B) The principal paragraphs of this Schedule are not excluded by sub-paragraph (1)(e) above if the retirement notice is given on the grounds that—

  1. (a) the retiring tenant or (where the notice is given by joint tenants) each of the retiring tenants is or will at the 90 retirement date be incapable, by reason of bodily or mental infirmity, of conducting the farming of the holding in such a way as to secure the fulfilment of the responsibilities of the tenant to farm in accordance with the rules of good husbandry; and
  2. (b) any such incapacity is likely to be permanent; and that fact is stated in the notice.").

42 Page 23, line 11, leave out ("following") and insert ("principal").

43 Page 23, line 20, at end insert— ("(3) If on the date of the giving of the retirement notice the tenancy is the subject of a valid notice to quit given before that date and including a statement that it is given for any such reason as is referred to in Case B, D or E in section 2(3) of the 1977 Act (not being a notice to quit falling within sub-paragraph (1)(c) above), the principal paragraphs of this Schedule shall not apply unless one of the events referred to in sub-paragraph (4) below occurs.

(4) Those events are as follows—

  1. (a) it is determined by arbitration under the 1948 Act that the notice to quit is ineffective for the purposes of section 2(3) on account of the invalidity of any such reason as aforesaid; or
  2. (b) where a counter-notice is duly served under section 4(2) or (3) of the 1977 Act—
    1. (i) the Tribunal withhold consent to the operation of the notice to quit, or
    2. (ii) the period for making an application to the Tribunal for such consent expires without such an application having been made;
and where one of those events occurs the relevant period shall for the purposes of this Schedule be the period of one month beginning with the date on which the arbitrator's award is delivered to the tenant, with the date of the Tribunal's decision to withhold consent, or with the expiry of the said period for making an application (as the case may be).

Notices to quit restricting operation of Schedule

2A.—(1) If the tenancy becomes the subject of a valid notice to quit given on or after the date of the giving of the retirement notice (but before the Tribunal have begun to hear any application by the nominated successor under paragraph 4 below in respect of the retirement notice) and the notice to quit—

  1. (a) falls within Case C in section 2(3) of the 1977 Act and is founded on a certificate granted under section 2(4) of that Act in accordance with an application made before that date; or
  2. (b) falls within Case F in section 2(3);
the retirement notice shall be of no effect and no proceedings, or (as the case may be) no further proceedings, shall be taken under this Schedule in respect of it.

(2) If the tenancy becomes the subject of a valid notice to quit given on or after the date of the giving of the retirement notice (but before the Tribunal have begun to hear any application by the nominated successor under paragraph 4 below in respect of the retirement notice) and the notice to quit—

  1. (a) includes a statement that it is given for any such reason as is referred to in Case Bin section 2(3) of the 1977 Act; or
  2. (b) includes a statement that it is given for any such reason as is referred to in Case D in section 2(3) and is founded on a notice given for the purposes of that Case before that date;
the retirement notice shall be of no effect and no proceedings, or (as the case may be) no further proceedings, shall be taken under this Schedule in respect of it unless one of the events referred to in sub-paragraph (3) below occurs.

(3) Those events are as follows:—

  1. (a) it is determined by arbitration under the 1948 Act that the notice to quit is ineffective for the purposes of section 2(3) on account of the invalidity of any such reason as aforesaid; or
  2. (b) where a counter-notice is duly served under section 4(2) or (3) of the 1977 Act—
    1. (i) the Tribunal withhold consent to the operation of the notice to quit; or
    2. (ii) the period for making an application to the Tribunal for such consent expires without such an application having been made;
and where one of those events occurs, and the notice to quit was given before the time when the relevant period would expire apart from this sub-paragraph, that period shall for the purposes of this Schedule expire at the end of the period of one month beginning with the date on which the arbitrator's award is delivered to the tenant, with the date of the Tribunal's decision to withhold consent, or with the expiry of the said period for making an application (as the case may be).

(4) For the purposes of this Schedule an application by the nominated successor under paragraph 4 below which is invalidated by sub-paragraph (1) or (2) above shall be treated as if it had never been made.").

44 Page 23, leave out lines 23 to 28 and insert ("any notice to quit the holding or part of the holding given to the tenant thereof (whether before or on or after the date of the giving of the retirement notice), not being a notice to quit falling within any provision of paragraph 2 or 2A above.").

45 Page 24, line 3, at end insert— ("(2A) If the retirement notice includes a statement in accordance with paragraph 2(1B) above that it is given on the grounds mentioned in that provision, then, before the nominated successor's application is further proceeded with under this paragraph, the Tribunal must be satisfied—

  1. (a) that the retiring tenant or (as the case may be) each of the retiring tenants either is or will at the retirement date be incapable, by reason of bodily or mental infirmity, of conducting the farming of the holding in such a way as to secure the fulfilment of the responsibilities of the tenant to farm in accordance with the rules of good husbandry; and
  2. (b) that any such incapacity is likely to be permanent.").

46 Page 24, line 21, after ("shall") insert (", subject to subparagraph (5A) below,").

47 Page 24, line 22, at end insert— ("(5A) The Tribunal shall not give such a direction if, on an application made by the landlord, it appears to the Tribunal that greater hardship would be caused by giving the direction than by refusing the nominated successor's application under this paragraph.").

48 Page 24, line 27, after ("application") insert ("by the nominated successor").

49 Page 24, line 32, at end insert ("for a direction").

50 Page 25, line 13, leave out from ("tenancy") to ("and") in line 14 and insert ("and derived (whether immediately or otherwise) from the interest from which that tenancy was derived").

51 Page 25, line 38, leave out from second ("the") to end of line 41 and insert ("retirement date, except that—

  1. (a) where such a direction is given within the period of three months ending with the retirement date, the Tribunal may, on the application of the tenant, specify in the direction, as the relevant time for the purposes of this paragaph, such a time falling within the period of three months immediately following the retirement date as they think fit;
  2. (b) where such a direction is given at any time after the retirement date, the Tribunal shall specify in the direction, as the relevant time for those purposes, such a time falling within the period of three months immediately following the date of the giving of the direction as they think fit;
and any time so specified shall be the relevant time for those purposes accordingly.").

52 Page 26, line 10, leave out ("the end of') and insert ("—(a) the end of the").

53 Page 26, line 11, at end insert— ("; or (b) the end of the three months immediately following the date of the giving of the direction; whichever last occurs.").

54 Page 26, line 18, leave out from ("after") to end of line 19 and insert ("giving the retirement notice.").

55 Page 26, line 23, after ("and") insert ("no proceedings, or (as the case may be)").

56 Page 26, line 30, after ("above,") insert ("but before the relevant time (within the meaning of that paragraph),").

57 Page 27, line 16, leave out from first ("reference") to end of line 17 and insert ("in the definition of "relevant land" to agricultural land which is occupied as mentioned in paragraph (a) of that definition included a reference to agricultural land which is deemed to he occupied by the nominated successor by virtue of this paragraph.").

Lord Belstead

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 40 to 57 en bloc. These amendments are consequential on amendments to which I have already spoken. I beg to move.

Moved, That this House doth agree with the Commons in the said amendments.—(Lord Belstead)

On Question, Motion agreed to.