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The Agricultural Land Tribunals Rules 1978 - continued

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FORM OF APPLICATION

Consent to operation of notice to quit
    2. (1) An application for the tribunal's consent to the operation of a notice to quit under section 2(1) of the 1977 Act which is made by the landlord before the giving of the said notice shall be made not more than twelve months and not less than three months before the commencement of the period at the expiration of which the notice to quit is intended to have effect.

    (2) An application for the tribunal's consent to the operation of a notice to quit under section 2(1) or 4(2) or (3) of the 1977 Act which is made by the landlord after service upon him by the tenant of a counter-notice shall be made within one month of the service of the counter-notice.

    (3) An application under this rule shall be made in form 1.

Postponement of operation of notice to quit
    3. An application under Article 12(1) of the Agricultural Holdings (Arbitration on Notices) Order 1978(c) to postpone the termination of a tenancy shall, unless made at the hearing of the proceedings before the tribunal on an application under the 1977 Act, be made in form 2.

Certificate of bad husbandry (Case C)
    4. An application under section 2(4) of the 1977 Act shall be made in form 3.

Variation or revocation of conditions
    5. An application under section 3(5) of the 1977 Act shall be made in form 4.

Directions relating to fixed equipment
    6. (1) An application under section 4(1) of the Agriculture Act 1958 [1958 c.71] for a direction for the provision, alteration or repair of fixed equipment shall be made in form 5.

    (2) An application under section 4(4) of the Agriculture Act 1958 for the extension of the period specified in a direction under section 4(1) shall be made in writing and shall state the grounds of the application.

Approval of long-term improvements
    7. (1) An application under section 50(1) of the 1948 Act for the tribunal's approval of the carrying out of a long-term improvement shall be made in form 6.

    (2) The time within which a landlord may serve a notice under section 50(3) of the 1948 Act that he proposes himself to carry out an improvement shall be one month from the date on which he receives notice in writing of the tribunal's approval of the carrying out of the improvement.

    (3) An application under section 50(4)(b) of the 1948 Act for a determination that the landlord has failed to carry out an improvement within a reasonable time shall be made in form 7.

Treating agricultural holding as market garden
    8. An application under section 68 of the 1948 Act for a direction that an agricultural holding shall be treated as a market garden shall be made in form 8.

Restrictions on burning of heather or grass
    9. An application under section 21 of the Hill Farming Act 1946 [1946 c.73] for a direction shall be made in form 9.

Section 20(5) of the Mineral Workings Act 1951
    10. (1) An application under section 21(2)(b) of the Agriculture Act 1947 as it applies for the purposes of section 20(5) of the Mineral Workings Act 1951 [1951 c.60] for a determination that some person should be treated as owner of the land other than the person who would be so treated apart from the determination shall be made in form 10.

    (2) Any person who is specified in an application under paragraph (1) as being affected by the determination shall be a party to the proceedings on the application for the purposes of these Rules.

Applications under Land Drainage Act 1976
    11. (1) An application under section 40 or 41 of the Land Drainage Act 1976 for an order requiring the carrying out of work for putting a ditch in proper order or authorising the applicant to carry out drainage work on land shall be made in form 11.

    (2) Without prejudice to rule 12(1), on any application under section 40 of the Land Drainage Act 1976, the occupier of any land which may be entered in pursuance of the order shall be a party to the application.

    (3) Without prejudice to rule 12(1), on any application under section 41 of the Land Drainage Act 1976, the owner of any land on which it is proposed that any work should be carried out and the occupier of any land which may be entered in pursuance of the order shall be parties to the application.

    (4) Where, on the hearing of an application under section 40, the applicant states that he desires also to apply under section 41 for an order authorising him to carry out the same or substantially the same work as that referred to in his application, the tribunal may, if they think fit, deal with the application as if it had been made under section 41 as well as under section 40.



  Page last modified: 6 July, 2006
Page published: 1 April, 2004
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