The Agricultural Land Tribunals Rules 1978
("the principal rules")

(SI 1978 No. 259)

[as amended by the Agricultural Land Tribunals (Succession) Rules 1984]

Note: (1) The Agricultural Holdings Act 1986 consolidated certain enactments relating to agricultural holdings. Hence, references in these rules to "the 1948 Act", "the 1976 Act", "the 1977 Act" and "the 1984 Act" should be read as references to the relevant sections of the 1986 Act. In the case of a "drainage case" references in these rules to sections 40 or 41 the Land Drainage Act 1976 should be read as references to sections 28 to 31 of the Land Drainage Act 1991.
    (2) Rule 29(4) can be treated as if it reads, "The provisions of the Civil Procedure Rules as to the issuing of witness summonses shall apply for the purpose of any proceedings before the tribunal as they apply for the purposes of an arbitration under the 1986 Act"

Citation, commencement and interpretation
Rules of procedure
Amendment of other rules
Revocation of orders

ARRANGEMENT OF RULES

Preliminary
1. Citation and interpretation.

Form of Application
2. Consent to operation of notice to quit.
3. Postponement of operation of notice to quit.
4. Certificate of bad husbandry (Case C).
5. Variation or revocation of conditions.
6. Directions relating to fixed equipment.
7. Approval of long-term improvements.
8. Treating agricultural holding as market garden.
9. Restrictions on burning of heather or grass.
10. Section 20(5) of the Mineral Workings Act 1951.
11. Applications under Land Drainage Act 1976.

Parties etc
12. Persons affected to be parties.
13. Sub-tenancies.
14. Joinder of parties.

Form of Reply
15. Reply.

General Provisions as to Applications and Replies
16. Application, reply and supporting documents.
17. Service of documents by secretary.
18. Withdrawal of application or reply.

Preparation for Hearing
19. Interlocutory applications.
20. Disclosure of documents.
21. Minister's report in drainage cases.
22. Summary determination in drainage cases.
23. Notice of hearing.

The Hearing
24. Tribunal to sit in public.
25. Right of audience.
26. Procedure at hearing.
27. Default of appearance.

Evidence
28. Evidence.
29. Witnesses.
30. Inspection of land.

The Decision
31. Decision of tribunal.
32. Variation of order in drainage cases.

Reference to High Court
33. Request under section 6 of Agriculture (Miscellaneous Provisions) Act 1954.
34. Modification of tribunal's decision following High Court proceedings.

Supplemental
35. Mode of service.
36. Substituted service.
37. Extension of time.
38. Failure to comply with rules.

The Lord Chancellor, in exercise of the powers conferred on him by sections 73(3) and (4) of the Agriculture Act 1947 [1947 c.48], as amended [by section 8(1) of and paragraph 3 of Schedule 1 to the Agriculture Act 1958 (c.71)], section 50(3) of the Agricultural Holdings Act 1948 [1948 c.63] as amended [by section 8(1) of and paragraph 15 of Schedule 1 to the Agriculture Act 1958] and section 6(4) and (6) of the Agriculture (Miscellaneous Provisions) Act 1954 [1954 c.39], as amended [by section 8(1) of and paragraph 27 of Schedule 1 to the Agriculture Act 1958], and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971 [1971 c.62], hereby makes the following Order:-

Citation, commencement and interpretation
    1. (1) This Order may be cited as the Agricultural Land Tribunals (Rules) Order 1978 and shall come into operation on 7th April 1978.

    (2) The Interpretation Act 1889 [1889 c.63] shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Rules of procedure
    2. The Rules set out in Schedule 1 to this Order shall apply for the purposes of proceedings before Agricultural Land Tribunals other than proceedings arising from any application made under Part II of the Agriculture (Miscellaneous Provisions) Act 1976 [1976 c.55].

Amendment of other rules
    3. The Agricultural Land Tribunals (Succession to Agricultural Tenancies) Order 1976 [SI 1976/2183] shall be amended to the extent shown in Schedule 2 to this Order.

Revocation of orders
    4. (1) The Agricultural Land Tribunals and Notices to Quit Order 1959 [SI 1959/81],
the Agricultural Land Tribunals (Amendment) Order 1959 [SI 1959/359],
the Agricultural Land Tribunals (Amendment) Order 1961 [SI 1961/1755], and
the Agricultural Land Tribunals (Amendment) Order 1974 [SI 1974/67]

are hereby revoked except to such extent as may be necessary for the disposal of an application pending at the commencement of this Order.

    (2) The Agriculture (Procedure of Agricultural Land Tribunals) Order 1954 [SI 1954/1138] (which was revoked with a saving in 1959) shall continue to have effect for the purpose of references to an Agricultural Land Tribunal under section 86 of the Agriculture Act 1947.

Elwyn-Jones, C.