The Smallholdings (Selection of Tenants) (Amendment) Regulations 1976

• Citation: S.I. 1976/2001
• Sections: 3

Section 1 Citation and commencement

These regulations, which may be cited as the Smallholdings (Selection of Tenants) (Amendment) Regulations 1976, shall come into operation on 27th December 1976.

Section 2 Interpretation

(1) In these regulations “ the principal regulations ” means the Smallholdings (Selection of Tenants) Regulations 1970 .

(2) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

Section 3 Amendment of principal regulations

Regulation 3 of the principal regulations (which lays down requirements as to agricultural experience of prospective tenants) shall be amended by the addition of the following paragraphs:—

(3) Where the tenant of a smallholding has died and the smallholdings authority intend to re-let that smallholding, no application for the first letting of that smallholding after the death of the tenant by a person who is not an eligible person in relation to the deceased tenant shall be considered by the smallholdings authority unless every such application from a person who is an eligible person as aforesaid has been considered by that authority and refused.

(4) For the purposes of the preceding paragraph a person is an eligible person in relation to a deceased tenant of a smallholding if that person is—

(a) the wife or husband of the deceased tenant;

(b) a brother or sister of the deceased tenant;

(c) a child of the deceased tenant;

(d) any person (not within ( b ) or ( c ) above) who, in the case of any marriage to which the deceased tenant was at any time a party, was treated by the deceased tenant as a child of the family in relation to that marriage.