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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Agricultural Land Tribunals (Rules) Order 2007 No. 3105 URL: http://www.bailii.org/uk/legis/num_reg/2007/20073105.html |
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Made | 25th October 2007 | ||
Laid before Parliament | 31st October 2007 | ||
Coming into force | 15th January 2008 |
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to Agricultural Tenancies) Order 1984, as the case may be, continue to apply to that application as if they had not been revoked.
Signed on the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State Ministry of Justice
25th October 2007
1. | Interpretation |
2. | Making an application |
3. | Acknowledgement, registration and delivery of applications |
4. | Action by respondent on receipt of an application |
5. | Additional matters |
6. | Withdrawal of application or reply |
7. | Documents and other material to accompany application or reply |
8. | Amendment of application or reply |
9. | Action by interested parties on receipt of copy of application or reply |
10. | Addition of new parties to the proceedings |
11. | Directions |
12. | Case management meeting |
13. | Preliminary issues |
14. | Varying or setting aside of directions |
15. | Failure to comply with directions |
16. | Notice of date, time and place |
17. | Public notice of hearings |
18. | Consolidation or hearing together of applications |
19. | Power to decide application without a hearing |
20. | Hearing bundles |
21. | Hearings to be in public |
22. | Failure of parties to attend |
23. | Procedure at hearing |
24. | Evidence of witnesses |
25. | Entry on land or premises |
26. | Inspection of land or premises by official expert |
27. | Expert evidence |
28. | Expert's overriding duty to the Tribunal |
29. | Form and content of expert's report |
30. | Decision of Tribunal |
31. | Duty to adjourn part of hearing where time limits have not expired |
32. | Review of Tribunal's decision |
33. | Power to regulate procedure etc. |
34. | Power to strike out |
35. | Exclusion of persons disrupting proceedings |
36. | Enquiries of local authorities etc |
37. | Reference to the High Court of a question of law |
38. | Modification of Tribunal's decision following High Court proceedings |
39. | Consent to operation of notice to quit |
40. | Succession on death or retirement |
41. | Applications under sections 44, 46 or 55 of the 1986 Act |
42. | Procedure at hearing in case of multiple applicants where designation is claimed |
43. | Multiple applications under the 1986 Act where there is no designated applicant |
44. | Applications under section 67 of the 1986 Act |
45. | Applications under the Land Drainage Act 1991 |
46. | Review of directions |
47. | Irregularities |
48. | Proof of documents and decisions |
49. | Method of delivering and receipt of documents |
50. | Substituted delivery of documents |
51. | Variation of time limits |
(b) in the case of an application under section 53 of the 1986 Act, the tenant of the holding,
but does not include the applicant or the respondent;
(3) The application and any supporting written statement must state at the end "I believe that the facts stated in this document are true" and be signed by the applicant or the applicant's representative.
(4) The application, any supporting written statement and any accompanying material must be delivered to the Secretary, together with copies of those documents for all respondents.
Acknowledgement, registration and delivery of applications
3.
—(1) Upon receiving an application the Secretary must—
Action by respondent on receipt of an application
4.
—(1) A respondent who receives a copy of an application must deliver to the Secretary a written reply acknowledging receipt of the application and setting out—
Additional matters
5.
The applicant or respondent may include in the application or reply, or in a separate application to the Tribunal, as appropriate—
Withdrawal of application or reply
6.
—(1) A party may withdraw his application or reply—
(2) The withdrawal of an application or reply does not prevent the Tribunal from exercising its power to award costs.
(3) Any application for such an award of costs must be made promptly.
Documents and other material to accompany application or reply
7.
—(1) A party must deliver with his application or reply two copies of the following documents (with copies for all other parties)—
(3) A person who wishes to take part in the proceedings must deliver to the Secretary copies of the notice and accompanying documents to enable the Secretary to send a copy to each of the other parties.
(4) A notice given under this rule shall, if the person giving it is made a respondent to the proceedings, be treated as that person's reply to the application.
Addition of new parties to the proceedings
10.
If the Chairman considers, whether on the application of a party or otherwise, that it is desirable that a person having an interest in the proceedings be made a party, the Chairman may order that person to be joined as a respondent or, with the consent of that person, as an applicant and may give any consequential directions which may be just including directions as to the delivery of documents.
Directions
11.
—(1) At any stage of the proceedings the Chairman may, either of his own initiative or on the application of a party, give the directions he considers necessary or desirable in the conduct of the application, and may in particular—
(e) by direction exclude evidence that would otherwise be admissible if the evidence is irrelevant, unnecessary or improperly obtained;
(f) by direction limit cross-examination;
(g) direct any party to lodge before the hearing an outline argument; or
(h) give any direction necessary in the exercise of any of powers conferred by these Rules.
(2) It is a condition of the supply of any document that a party must only use the document supplied for the purposes of the proceedings.
(3) A party cannot be directed to produce any document which a party could not be compelled to produce on the trial of an action in a court of law.
(4) In giving effect to this rule, the Chairman must take into account the need to protect any matter that relates to confidential material.
Case management meeting
12.
—(1) If the Chairman concludes that any proceedings would be facilitated by holding a case management meeting, he may, on the application of a party or on his own initiative, give directions for a case management meeting to be held.
(2) The Secretary must give the parties not less than 14 days' notice, or a shorter time if agreed by all parties, of the time and the place of the case management meeting.
(3) At a case management meeting the Chairman must give all directions which appear necessary or desirable for the conduct of the application and where appropriate set a time and place for the hearing of the application and a timetable for the hearing.
(4) The Chairman may encourage parties or their expert witnesses to meet with a view to resolving the dispute without a hearing or with a view to narrowing the issues for the hearing.
Preliminary issues
13.
—(1) The Chairman may direct that any question of fact or law which appears to be in issue in the application be decided at a preliminary hearing.
(2) If, in the opinion of the Tribunal, deciding that question substantially disposes of the whole application, the Tribunal may treat the preliminary hearing as the hearing of the application and may give such direction as it thinks fit to dispose of the application.
(3) The Tribunal may decide the question and may also dispose of the application without a further hearing, but, in each case, only if—
(4) Rule 30 applies to the Tribunal's decisions on a preliminary issue.
Varying or setting aside of directions
14.
Where a person to whom a direction issued under these Rules is addressed had no opportunity of objecting to the giving of the direction, that person may apply to the Tribunal, or Chairman as appropriate, to vary it or set it aside, but the Chairman or Tribunal must not do so without first notifying the parties and considering any representations made by them.
Failure to comply with directions
15.
—(1) If any direction given to a party under these Rules is not complied with by that party, the Tribunal may, before or at the hearing—
(2) But a Tribunal must not dismiss, strike out or give such a direction unless notice has been delivered to the party who has not complied, giving that party an opportunity to comply within the period specified in the notice or to establish why the Tribunal should not dismiss, strike out or give such a direction.
Notice of date, time and place
16.
—(1) Subject to any direction of the Chairman, the Secretary must, with due regard to the reasonable convenience of the parties, and as soon as reasonably practicable, fix the date, time and place of a hearing and, where appropriate, set a timetable for the hearing and, not less than 14 days before the first date fixed (or a shorter time if agreed by the parties), deliver to each party a notice that the hearing is to be or commence on that date and at that time and place and the details of any timetable for the hearing.
(2) The Secretary must include with the notice of hearing—
(3) When a party receives the notice of the date, time and place of the hearing, he must inform the Secretary whether or not he intends to be present or represented at the hearing, and whether he intends to call witnesses and, if so, their names.
Public notice of hearings
17.
The Secretary must provide for public inspection at the office of the Tribunal or through other media a list of all applications for which a hearing is to be held and of the time and place fixed for the hearing.
Consolidation or hearing together of applications
18.
—(1) Where two or more applications have been lodged in respect of the same subject matter, or in respect of several interests in the same subject matter, or which involve the same or similar issues, the Chairman may, on the application of any party to the applications or on his own initiative, direct that the applications or any particular issue or matter raised in the applications be consolidated or heard together or consecutively.
(2) Before giving a direction under this rule, unless all parties have consented, the Secretary must give notice to the parties to the applications and the Chairman must consider any representations made in consequence of the notice.
(3) Subject to any specific provisions of these Rules or directions by the Chairman, all applications to the Tribunal in respect of any particular holding, whether made by the landlord or tenant, must be heard and determined together.
Power to decide application without a hearing
19.
—(1) The Tribunal may (except in a drainage case) deal with an application or preliminary issue without a hearing if—
(2) Before deciding an application in the absence of a party, the Tribunal must consider any representations in writing submitted by that party in response to a notice of hearing.
(3) Nothing in this rule prevents a party from making an application for a review of the Tribunal's decision under rule 32.
Hearing bundles
20.
—(1) When practicable and subject to any directions that the Chairman may make, the applicant must compile a hearing bundle containing copies of all relevant documents.
(2) The respondent must assist with the preparation of the hearing bundle.
(3) The contents must be agreed, indexed and paginated.
(4) The applicant must deliver four copies of the bundle to the Secretary and one copy to each of the parties not less than 7 days before the start of the hearing.
and may give such directions as it thinks fit.
(2) Before deciding to dispose of any application or question in the absence of a party, the Tribunal must consider the application and any reply, as appropriate, and any written representations or evidence supplied.
(3) Where an applicant has failed to attend or be represented at a hearing of which he was duly notified, and the Tribunal has disposed of the application, no fresh application may be made by the applicant to the Tribunal for relief arising out of the same facts without the prior permission of the Tribunal.
(4) Nothing in this rule prevents the applicant making an application for a review of the Tribunal's decision under rule 32.
Procedure at hearing
23.
—(1) At the beginning of any hearing the Chairman may explain the manner and order of proceeding, having regard to any applicable burden and standard of proof and rules of evidence.
(2) The Tribunal—
(3) The parties may appear at the hearing and may be represented.
(4) The parties may give evidence, call witnesses, question any witnesses and address the Tribunal both on the evidence and generally on the subject matter of the application.
(5) The Tribunal may at any stage of the proceedings direct the personal attendance of any maker of a witness statement or deponent of an affidavit, or any expert whose report has been filed.
(6) The Tribunal may receive evidence of any fact which seems to the Tribunal to be relevant even if the evidence would be inadmissible in law but, subject to rule 27, must not refuse to admit any evidence presented in due time which is admissible in law and is relevant and necessary and has not been improperly obtained.
Evidence of witnesses
24.
—(1) Except where the Chairman otherwise directs, any party who wishes to rely on the evidence of any witness must deliver a statement of that witness to the Secretary and must deliver copies to every party at least 10 days before the date of the hearing.
(2) The witness statement must state at the end "I believe that the facts stated in this witness statement are true" and be signed by the witness.
Entry on land or premises
25.
—(1) For the purpose of enabling the Tribunal to understand the issues in any proceedings before it, the Chairman may give a direction requiring the occupier of any land or premises which are relevant to the proceedings to permit the Tribunal (and any party, party's representative, expert witness, official expert and any of the Tribunal's officers or members of its staff as the Chairman considers necessary) to enter and inspect the land or premises.
(2) The direction must specify a date and time for the entry and inspection at least 24 hours (or 7 days in drainage cases) after the date when a copy of the direction is delivered to the occupier or the occupier is notified of any change in the date specified.
(3) This direction can be given in a notice of hearing.
(4) If notice of the Tribunal's intention to enter and inspect any land or premises is given orally at a hearing, the Tribunal may waive the 24 hours' minimum notice requirement under paragraph (2).
(5) The Secretary must deliver a copy of the direction to the parties and must notify them of any change in the date or time specified.
Inspection of land or premises by official expert
26.
—(1) The Chairman may direct any person who owns or occupies any land or premises which are relevant to the proceedings to permit the official expert to enter and inspect the land or premises for the purpose for which he was appointed.
(2) Every such direction must, unless the occupier was present when the direction was made, contain a statement informing the occupier that he may apply to the Chairman to vary or set aside the direction.
(3) The occupier of the land or premises and the other parties must be given at least seven days notice of any inspection, unless the occupier and the other parties agree in writing to a shorter period of notice.
(4) That inspection must take place during the hours of daylight and must take place on a business day unless there is good reason or the occupier and parties consent for the inspection to take place on another day.
(5) The Secretary must deliver a copy of the report of the official expert and any written statement made by or on behalf of the Secretary of State or the Welsh Ministers to each of the parties and inform them that they may make written comments (with copies for all other parties and the official expert) as to the contents of the report within one month (or such other period as the Chairman directs) of receiving the report.
(6) Rules 27, 28 and 29 apply to the report and evidence of the official expert.
(7) In this rule, "business day" means any day except Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971[8].
Expert evidence
27.
—(1) No expert may give oral evidence unless he has provided a written report which has been previously delivered to all parties or the Chairman otherwise directs.
(2) No party may rely on the evidence of more than two experts without the Chairman's permission.
(3) An application for permission must state—
(4) If permission is granted it must be in relation only to the experts named and the reasons identified under paragraph (3).
Expert's overriding duty to the Tribunal
28.
—(1) It is the duty of an expert to help the Tribunal on the matters within his expertise.
(2) This duty overrides any obligation to the person from whom the expert has received instructions or by whom the expert is paid.
Form and content of expert's report
29.
—(1) Expert evidence must be given in a written report unless the Chairman directs otherwise.
(2) Every expert must attend the oral hearing for cross-examination unless the Chairman directs otherwise.
(3) An expert's report must be addressed to the Tribunal and not to the party from whom the expert has received instructions.
(4) The expert's report must contain—
(e) a summary of the conclusions reached; and
(f) a statement that the expert understands his duty to the Tribunal and has complied with that duty.
(5) The expert report must be restricted to that which is reasonably required to resolve the proceedings.
Decision of Tribunal
30.
—(1) A decision of the Tribunal may be taken by a majority.
(2) The Chairman may, at or following the hearing, give the parties an informal, non-binding indication of the decision that the Tribunal is minded to make.
(3) At any time before a decision document is signed by the Chairman, the Tribunal may reconsider of its own accord and if necessary may reconvene the hearing or request further submissions and may decide to make a different decision than previously informally indicated.
(4) Whether there has been a hearing or not, every decision must be recorded in a document (the "decision document") which, except in the case of a decision by consent, must also contain a statement of the reasons for the decision and must be signed by the Chairman and dated.
(5) The Secretary must deliver a certified copy of the decision document to each party.
(6) Where any document refers to any evidence that has been heard in private, the material relating to that evidence must be omitted from the decision document as the Tribunal may direct.
(7) Every copy of a document or entry delivered to the parties under this rule must be accompanied by a notification of the provisions in these Rules relating to review of the Tribunal's decision and reference to the High Court on a question of law.
Duty to adjourn part of hearing where time limits have not expired
31.
—(1) Where on the date appointed for the hearing the time allowed for a response has not expired, or has not started to run, the Tribunal must not proceed to hear the application except with the consent of the party whose response has not been received.
(2) Where consent is required but is not given, the Tribunal must adjourn the proceedings and the Chairman must give such directions as he considers appropriate for the further hearing of the proceedings.
Review of Tribunal's decision
32.
—(1) If, on the application of a party or on its own initiative, a Tribunal is satisfied that—
(2) The Tribunal may exercise any power which these Rules give to the Chairman.
Power to strike out
34.
—(1) On the application of any party, the Tribunal may order that all or part of the application, reply or any document supplied in the course of an application be struck out if it appears to the Tribunal that it—
(2) The Secretary must deliver to the parties copies of an application for an order under this rule, and inform the parties of their opportunity to reply within 28 days or such period as the Chairman considers appropriate explaining why such an order should or should not be made.
Exclusion of persons disrupting proceedings
35.
—(1) This rule applies to any of the following events—
(4) If the Chairman or Tribunal decides to exclude a party it must allow the party's representative sufficient opportunity to consult the party.
Enquiries of local authorities etc
36.
The Chairman or the Tribunal either before or during a hearing may direct that enquiries are made of any local or other public authority or utility within whose area the land in question is situated, and the Tribunal may adjourn the hearing until the response to such enquiries has been received and copies supplied to the parties.
Reference to the High Court of a question of law
37.
—(1) A request under section 6(1) of the 1954 Act must, unless made at the hearing, be made in writing to the Secretary within 28 days of a certified copy of the decision being delivered to the person making the request.
(2) The request must state concisely—
(7) A case stated for the decision of the High Court must—
Modification of Tribunal's decision following High Court proceedings
38.
—(1) Following a decision of the High Court the Chairman may exercise the powers of the Tribunal under section 6(5) of the 1954 Act in any case if he considers that it is not necessary to convene the Tribunal for the purpose.
(2) In every other case he must direct the Secretary to fix a date, time and place for the Tribunal to convene.
(3) Where it is not possible or convenient to re-convene the Tribunal as originally constituted, the hearing must take place before a differently constituted Tribunal.
(4) These Rules apply to any proceedings which are consequent on the reference of any question to the High Court under section 6 of the 1954 Act or on the decision on such a reference.
(5) If any person entitled to make an application under section 39 of the 1986 Act supplies the information under paragraph (4), he may present evidence and make representations to the Tribunal that he is more suitable to be a tenant than any other applicant.
(6) If the landlord does not reply to an application under section 39 or 53 of the 1986 Act within the time allowed by rule 4(3), he is not entitled to dispute any matter alleged in the application form but—
Applications under sections 44, 46 or 55 of the 1986 Act
41.
—(1) Where, at the expiry of the period specified in section 39(1) of the 1986 Act, only one application under that section in respect of the holding has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after the end of that period or, if later, one month after a copy of the application under section 39 is delivered to him.
(2) Where at the expiry of that period more than one application under section 39 of the 1986 Act has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after notice is delivered to him by the Secretary that the number of applications under section 39 of the 1986 Act is reduced to one or such earlier date as the Chairman directs.
(3) Any application under section 44(6), section 46(2)(a) or section 55(8)(a) of the 1986 Act must be made in writing to the Secretary before the hearing, or orally at the hearing.
Procedure at hearing in case of multiple applicants where designation is claimed
42.
—(1) In the case of proceedings under section 39 of the 1986 Act, the Tribunal must (in such order as the Tribunal considers appropriate) consider and determine the validity of each applicant's claim, if any, to be a designated applicant, giving all other parties and all other applicants for succession the opportunity to be heard.
(2) If the Tribunal determines that any such claim is valid, the Tribunal must then hear that applicant's application as if that applicant were the only applicant and, if the Tribunal determines that the applicant is a suitable person to become the tenant of the holding, the Tribunal must dismiss all other applications under section 39(1) of the 1986 Act in respect of the same holding.
(3) If the Tribunal determines that the designated applicant is not a suitable person to become a tenant of the holding, the Tribunal must dismiss his application.
Multiple applications under the 1986 Act where there is no designated applicant
43.
—(1) The Tribunal must, subject to any direction by the Chairman, consider any question of eligibility or suitability by applying the 1986 Act in the following order—
(2) Before giving a direction under section 39(9) of the 1986 Act, the Tribunal must—
(3) The landlord will be deemed not to consent under section 39(9) of the 1986 Act if he does not respond to the Secretary within the period specified by the Chairman.
(4) Before giving a direction under section 39(10) of the 1986 Act, the Tribunal must ask each applicant whether he agrees.
Applications under section 67 of the 1986 Act
44.
The period prescribed by these Rules within which a landlord may serve a notice under section 67(5) of the 1986 Act that he proposes himself to carry out an improvement is one month from the date on which notice in writing of the Tribunal's approval of the carrying out of the improvement is delivered to him.
Applications under the Land Drainage Act 1991
45.
—(1) On receipt of an application in a drainage case, the Secretary must request the Secretary of State or the Welsh Ministers, as the case may be, to provide the Tribunal with a report on the matters to which the application relates.
(2) A report made under this rule may make recommendations to the Tribunal regarding the application.
(3) The reply delivered under rule 4 may state the respondent's position pending receipt of the report from the official expert and the applicant's comments on the recommendations in that report.
(4) On receipt of the report, the Secretary must deliver a copy to every party.
(5) The applicant must, within one month of delivery of a copy of the report to him, deliver to the Secretary written comments on the report (with copies for all other parties and the official expert), including in particular whether, and if so, why they dispute any of the facts or recommendations.
(6) The Secretary must deliver to the respondent a copy of the applicant's comments and request written comments from the respondent within one month including whether, and if so, why they dispute any of the facts or recommendations.
(7) At the expiry of the one month period referred to in the preceding paragraph, the Secretary must deliver to each party a copy of comments received from every other party.
(8) Each party has a further month from the date of receipt of copies of the comments to write to the Secretary supplementing their original comments and paragraph (7) applies as to delivery of any supplementary comments received by the Secretary.
(9) A report under this rule is prima facie evidence of the facts to which it refers.
(10) Where a report under this rule recommends that an order be made, the Tribunal may make such an order without a hearing if the following conditions are met—
provided that it will only duly be delivered by fax or other means of electronic communication if the recipient consents in writing to the use of that means.
(2) For the purposes of the proviso in paragraph (1), a legal representative is deemed to consent in writing if the reference or address for the means of electronic communication is shown as an acceptable means of delivery on the legal representative's notepaper.
(3) Where a document has been sent in accordance with paragraph (1) it shall, unless the contrary is proved, be taken to have been received by the party to whom it is addressed—
(4) Any document required or authorised to be delivered may—
(5) The proper address of any person, body or authority to whom any document is required or authorised to be delivered is—
(6) Where any document is to be delivered to a diocesan board of finance as having an interest in land, a copy must also be delivered to the Church Commissioners.
Substituted delivery of documents
50.
If any person to whom any document is required to be delivered for the purposes of these Rules—
or if for any other reason delivery to that person cannot be readily effected, the Chairman may dispense with the delivery to that person or may give a direction for substituted delivery to another person or in any other form (whether by advertisement in a newspaper or otherwise) which the Chairman may think fit and may make such consequential directions as he considers appropriate.
Variation of time limits
51.
—(1) The Chairman may extend any time limit under these Rules or in any direction whether or not it has already expired, where he considers that it would not be reasonable to expect or have expected compliance with the time limit and he may shorten any time limit where he considers that it would be reasonable to expect compliance within a shorter time limit.
(2) Before deciding whether to extend or shorten the time limit the Chairman must give persons whose interests might be affected an opportunity to be heard or to make objections in writing and responses must be made within five days or such period as the Chairman considers appropriate.
(3) Unless the Chairman otherwise directs, a time limit may be varied once by the written agreement of all parties provided that the Secretary is notified in writing of the agreement before the original time limit expires.
(4) Unless the Chairman otherwise directs, a variation of a time limit under paragraph (3) must end not more than 28 days after the original time limit and end no less than seven days before a hearing.
(5) Any application for an extension or shortening of time must be in writing, stating reasons for the delay and enclosing copies for all other parties.
© Crown copyright 2007