1 Citation and commencement

This Order may be cited as the Agricultural Land Tribunals (Rules) Order 2007 and comes into force on 15th January 2008.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2008: see above.

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2 Agricultural Land Tribunals Rules

2Agricultural Land Tribunals Rules

(1)    The Schedule (Agricultural Land Tribunals Rules) has effect.

(2)    The Rules set out in that Schedule may be cited as the Agricultural Land Tribunals Rules 2007.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2008: see art 1.

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3 Revocations and savings

3Revocations and savings

(1)    The Agricultural Land Tribunals (Rules) Order 1978 and the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984 are revoked.

(2)    Where an application to an Agricultural Land Tribunal—

(a)    has been made before the commencement of this Order;

(b)    is made after the commencement of this Order for a direction entitling the applicant to a tenancy of an agricultural holding on the death or retirement of the tenant when the date of death or the giving of the retirement notice was before the commencement of this Order; or

(c)    is made after the commencement of this Order for the Tribunal's consent to operation of notice to quit when the date on which the tenant served a counter-notice in writing requiring section 26(1) of the Agricultural Holdings Act 1986 shall apply to the notice to quit was before the date of the commencement of this Order,

the Agricultural Land Tribunals (Rules) Order 1978 or the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984, as the case may be, continue to apply to that application as if they had not been revoked.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2008: see art 1.

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Signature

Signed on the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

25th October 2007

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SCHEDULE Agricultural Land Tribunals Rules

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order sets out the Rules that apply to Agricultural Land Tribunals. It revokes the Agricultural Land Tribunals (Rules) Order 1978 and the Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1984.

Article 2 and the Schedule set out the Rules that apply to proceedings before an Agricultural Land Tribunal.

Article 3 makes transitional provision in relation to proceedings which were commenced prior to the commencement of this Order.

Part 2 of the Rules deals with applications and replies, including making an application to the Tribunal (rule 2) and action by a respondent upon receipt of an application (rule 4).

Part 3 of the Rules sets out preliminary procedures, including applications by interested parties to join proceedings (rule 9), case management meetings (rule 12), determination of preliminary issues (rule 13), directions (rules 11, 14 and 15), fixing a hearing (rule 16), consolidation of applications (rule 18) and power to decide an application without a hearing in certain circumstances (rule 19).

Part 4 of the Rules deals with hearings and decisions and includes provision for hearings to be in public (rule 21), the procedures at a hearing (rule 23), evidence of witnesses (rule 24), inspections (rules 25 and 26), expert evidence (rules 27 to 29) and decisions of the Tribunal (rules 30 and 32).

Additional powers of and provisions relating to the Tribunal are provided in Part 5 of the Rules, including power to regulate procedure (rule 33), power to strike out (rule 34) and references to the High Court on questions of law (rules 37 and 38).

Part 6 of the Rules deals with specific applications to the Agricultural Land Tribunal such as those dealing with succession on death or retirement of a tenant of an agricultural holding (rule 40) and drainage cases (rule 45).

Part 7 of the Rules provides supplemental provisions such as delivering and receipt of documents (rule 49) and variation of time limits (rule 51).

A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Gangmasters, Employment and Tenancies Team, Department for Environment, Food and Rural Affairs, Area 7E, 9 Millbank, Smith Square, London, SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.

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