Agriculture Act 1958 (c. 71)
1958 c. 71 - continued

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FOURTH SCHEDULE
Section 10.  
 
Transitional Provisions.
        1.   Where, by virtue of any provision of the First Schedule to this Act, any functions of the Minister under an enactment referred to in that provision fall to be exercised after the coming into operation thereof by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, anything done in the exercise of those functions, in so far as it has effect immediately before the coming into operation of that provision shall, subject to the provisions of this Schedule, continue to have effect thereafter as if done by the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator, as the case may be, under the said enactment as amended by this Act.
        2.   Notwithstanding the repeal by this Act of section fourteen of the Act of 1947—
    (a)  a direction given by the Minister under paragraph (a) of subsection (1) of that section which is in force immediately before the passing of this Act shall continue in force, and the provisions of the Act of 1947 applicable for the purposes of such a direction shall continue to apply for those purposes notwithstanding the repeal by this Act of any of those provisions;
    (b)  the right conferred on the Minister by subsection (5) of the said section fourteen to recover the reasonable cost of work carried out before the passing of this Act in the exercise of powers conferred by that subsection shall continue to be exercisable, and subsection (6) of that section shall continue to apply in relation to disputes as to the reasonable cost of such work; and
    (c)  the Second Schedule to the Act of 1947 shall continue to apply as respects a direction given under the said section fourteen.
        3.   Notwithstanding the repeal by this Act of section fifteen of the Act of 1947, subsection (6) of that section shall continue to have effect as respects the right of a tenant to compensation for an improvement carried out before the passing of this Act.
    (a)  for references to the Minister there shall be substituted references to the Lord Chancellor;
    (b)  in subsection (1), for the words "determining matters referred to them under this Act" there shall be substituted the words "hearing and determining references and applications made to them under any enactment";
    (c)  in subsection (3), the following paragraph shall be inserted after the words "and in particular— "—  "  

      "(aa) as to the manner in which applications are to be made to the Tribunals and the time within which they are to be made;"

    and paragraph (c) shall be omitted;

    (d)  in subsection (4), the words "or application" shall be inserted after the word "reference"; and
    (e)  after subsection (4) there shall be inserted the following subsection—

      "(5) An Agricultural Land Tribunal may, for the purpose of hearing and determining applications and references made to them under any enactment, sit in two or more divisions, and, in relation to the hearing and determination of any such application or reference by such a division, that division shall be deemed to be the Tribunal.

        4.—(1) This paragraph shall apply where, immediately before the passing of this Act, the Minister was in possession of land under section eighteen of the Act of 1947.

    (2)  In this paragraph—  

     "the landlord"has the same meaning as in the said section eighteen;

    "the landlord's agreement" means the agreement, if any, regulating the Minister's possession of the land made between the Minister and the landlord under subsection (2) of the said section eighteen.

    (3)  The Minister shall be entitled to remain in possession of the land until the eleventh day of October, nineteen hundred and fifty-eight.

    (4)  If, immediately before the said eleventh day of October, the land is being farmed by a person entrusted by the Minister with the farming thereof (in this sub-paragraph referred to as "the farmer") then, on that day—

    (a) the farmer shall become the tenant of the land under a tenancy from year to year beginning on that day on such terms as may thereafter be agreed between the farmer and the landlord or as may, in default of agreement, be determined by arbitration under the Act of 1948; and

    (b) the landlord's agreement and the agreement regulating the farming of the land made between the Minister and the farmer under paragraph (b) of subsection (2) of the said section eighteen shall each determine as if the condition specified in paragraph (b) of subsection (5) of that section had been satisfied.

    (5)  If, immediately before the said eleventh day of October, the land is being farmed by a person acting under the direction of the Minister the landlord's agreement shall determine on that day as if the landlord had served on the Minister a notice in writing under paragraph (a) of subsection (5) of the said section eighteen two months before that day.

    (6)  Notwithstanding the repeal by this Act of the said section eighteen, subsections (2) and (4) and (6) to (8) of that section shall continue to apply in relation to the land, so however that paragraph (b) of the said subsection (2) shall not apply in relation thereto.

        5.—(1) Where, before the passing of this Act,—
     (a) a reference to arbitration under subsection (1) of section eightof the Act of 1948 has been demanded, but

    (b) the arbitrator has not made his award thereon

     section two of this Act shall not apply as respects the arbitration unless the reference was demanded in such circumstances that any increase or reduction of rent made in consequence thereof would take effect on or after the twenty-ninth day of September, nineteen hundred and fifty-nine.

    (2)  Where, as respects an arbitration under subsection (1) of the said section eight in relation to a tenancy, section two of this Act would have applied by virtue of the foregoing sub-paragraph but for the fact that the arbitrator had made his award before the passing of this Act, nothing in subsection (3) of the said section eight shall prevent a further reference to arbitration being begun in relation to that tenancy at any time after the passing of this Act.

        6.     Nothing in this Act shall affect the operation of the Act of 1948 as respects the giving of consent to the operation of a notice to quit an agricultural holding or part of an agricultural holding in a case where the tenant served on the landlord a counter-notice under sub­section (1) of section twenty-four of that Act before the coming into operation of section three of this Act:

Provided that where, as respects any condition imposed under sub­ section (5) of section twenty-five of the Act of 1948 in connection with the giving of consent to the operation of such a notice to quit, the time within which the condition ought to have been complied with expires after the fourth day of March, nineteen hundred and fifty-eight, or any act is done after that date in contravention of the condition, the Act of 1948 shall have effect in relation thereto subject to the amendment specified in paragraph 13 of the First Schedule to this Act.

        7.     Nothing in this Act shall affect the operation of subsection (2) of section twenty-four of the Act of 1948 in a case where, before the coming into operation of section three of this Act, the Minister consented under the said section twenty-four to the operation of a notice to quit.
        8.—(1) Subject to the following sub-paragraph, nothing in the provisions of this Act shall affect the operation of paragraph (c) of subsection. (2) of section twenty-four of the Act of 1948 or of section twenty-seven thereof in a case where, before the coming into operation of section three of this Act, an application was made by a landlord under the said section twenty-seven for a certificate that the tenant was not fulfilling his responsibilities to farm in accordance with the rules of good husbandry.

    (2)  In so far as the said section twenty-seven continues to apply by virtue of the foregoing sub-paragraph, it shall apply as if paragraph (b) of subsection (2) thereof were omitted.

        9.    Without prejudice to the generality of paragraph 1 of this Schedule, regulations made by the Minister under section twenty-six or section fifty of the Act of 1948 in force immediately before the passing of this Act shall continue in force thereafter and shall be treated as orders made by the Lord Chancellor under the said section twenty-six, or, as the case may be, the said section fifty, as amended by this Act.
        10.—(1) Nothing in paragraph 5 of the First Schedule to this Act, shall affect the appointment of a chairman of an Agricultural Land Tribunal made before the passing of this Act or any proceedings before such a Tribunal commenced before the passing thereof.

    (2)  A panel drawn up by the Lord Chancellor before the passing of this Act under paragraph 15 of the Ninth Schedule to the Act of 1947 shall be deemed for the purposes of proceedings commenced after the passing of this Act to have been drawn up under that paragraph as amended by paragraph 5 of the First Schedule to this Act.

        11.    Nothing in paragraph 20 of the First Schedule to this Act shall affect the validity of the appointment of a panel of arbitrators by the Lord Chief Justice of England under sub-paragraph (3) of paragraph 1 of the Sixth Schedule to the Act of 1948; and that appointment shall continue to have effect for the purposes of the Act of 1948 until such time as a new panel is appointed under the said sub-paragraph (3) by the Lord Chancellor.
        12.    Nothing in this Act shall affect the operation of the Schedule to the Corn Production Acts (Repeal) Act, 1921, in a case where a notice was served under paragraph (1) of that Schedule before the passing of this Act.

 

Penalty for breach of condition accompanying consent to notice to quit.

        13.    Paragraphs 1 and 2, paragraphs 5 to 8 and paragraph 12 of this Schedule shall apply to Scotland , subject to the following modifications that is to say—

    (a) in paragraph 1, for references to the Minister and to the Lord Chancellor, the Agricultural Land Tribunal or an arbitrator there shall be substituted respectively references to the Secretary of State and to the Land Court or an arbiter;

    (b) 1947. to section fourteen of that Act, to paragraph (a) of subsection (1) and to subsections (5) and (6) of that section and to the Second Schedule to that Act, there shall be substituted respectively references to the Secretary of State, to the Scottish Act of 1948, to section twenty-nine of that Act, to paragraph (a) of subsection (1) or subsection (3) and to sub­sections (6) and (7) of that section and to the Third Schedule to that Act;

    (c) in paragraph 5, for references to section eight of the Act of 1948. to the twenty-ninth day of September and to an arbitrator there shall be substituted respectively references to section seven of the Scottish Act of 1949, to the twenty-eighth day of November and to an arbiter;

    (d) in paragraphs 6 and 7, for the references to sections twenty-four and twenty-five of the Act of 1948 and to paragraph 13 of the First Schedule to this Act there shall be substituted respectively references to sections twenty-five and twenty-six of the Scottish Act of 1949 and to paragraph 40 of the said Schedule;

    (e) in paragraph 8, for references to paragraph (c) of subsection (2) of section twenty-four of the Act of 1948 and to section twenty-seven of that Act there shall be substituted respectively references to paragraph (d) of subsection (2) of section twenty-five of the Scottish Act of 1949 and to section twenty-eight of that Act.

        14.    Notwithstanding the provisions of paragraph 37 of the First Schedule to this Act, the regulations made by the Secretary of State under section twenty-seven of the Scottish Act of 1949 in force immediately before the day appointed for the coming into operation of section three of this Act shall continue to have effect for the purposes of any proceedings consequent upon a notice to quit in a case where the tenant served on the landlord a counter-notice under subsection (1) of section twenty-five of that Act before that day.
 
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