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The Agricultural Land Tribunals (Succession) Rules 1984 - continued
Tenancies
Agricultural Land Tribunals
>  Procedural rules & guidance
  Agricultural Land Tribunal (Rules) Order 1978 SI 1978/259
  Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984 SI 1984/1301.

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PART III

FURTHER PROVISIONS RELATING TO HEARINGS

Sanctions for failure to reply
    31. If no reply to an application under rule 23(1) is received from the landlord by the secretary within the time allowed by rule 25, then, subject to paragraph 5(5) of Schedule 2 to the 1984 Act, the landlord shall not be entitled to dispute any matter alleged in that application.

Procedure at hearing
    32. (1) Subject to paragraph (2), at the hearing the nominated successor shall begin and the other parties shall be heard in such order as the tribunal may determine.

    (2) Where the retirement notice to which the nominated successor's application relates includes a statement in accordance with paragraph 2(3) of Schedule 2 to the 1984 Act that the notice is given on the grounds mentioned in that provision, the tribunal shall first consider whether the conditions specified in paragraph 5(3)(a) and (b) of that Schedule are satisfied and, if the tribunal determine that those conditions are not satisfied, they shall dismiss the nominated successor's application.

Application of principal rules relating to evidence, decisions etc
     33. (1) Rules 28 to 31 and 33 to 38 of the principal rules shall apply with the necessary modifications to proceedings under this Part of these rules as they apply to other proceedings before the tribunal.

    (2) For the purposes of rules 31, 33 and 34 of the principal rules, any dismissal of an application under these rules shall be a decision, and all such decisions, and the reasons for them, may be given in a single document at the conclusion of the proceedings unless the chairman otherwise decides.

Postponement of operation of direction
    34. Where the tribunal give a direction under paragraph 5(6) of Schedule 2 to the 1984 Act within the period of three months ending with the retirement date, any application by the tenant under paragraph 6(7) of that Schedule for the direction to have effect from a later time shall be made in writing to the secretary before the hearing or verbally at the hearing.


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