Sched. I. in respect of the land or any interest therein, or in respect of improvements executed on the land or otherwise; and (c) Where part only of a holding held for an unexpired term is hired, the rent to be paid for the residue of the holding during the remainder of that term; shall in default of agreement be by valuation by a single valuer appointed by the Board.4 Provided that, if the land hired is in the occupation of a tenant, he may by notice in writing served on the council before the determination of his tenancy, require that any claim by him against the council which, under the Agricultural Holdings Act, 1908, might be referred to arbitration under that Act, shall be so referred, and in such case those claims shall be determined by arbitration under that Act and not by valuation under this Act.5 (4.) The valuer, in fixing the rent to be paid for the land compulsorily hired, shall take into consideration the rent (if any) at which the land has been let and the annual value at which the land is assessed for purposes of income tax or rating, the loss (if any) caused to the owner by severance, the terms and conditions of the hiring (including any reservation of sporting or fishing rights), and all the other circumstances connected with the land, but shall not make any allowance in respect of any use to which the land compulsorily hired might otherwise be put by the owner during the term of hiring, being a use in respect of which the owner is entitled to resume possession of the land under this Act.6 (5.) Any compensation awarded to a tenant in respect. of any depreciation of the value to him of the residue of his holding caused by the withdrawal from the holding of the land compulsorily hired shall, as far as possible, be provided for by taking such compensation into account in fixing the rent to be paid for the residue of the holding during the remainder of the term for which it is held by Sched. I. the tenant. (6.) Any person interested in any valuation shall give the valuer all such assistance, information, and explanations as he may require, and shall produce to the valuer, or give him access to, all such books, accounts, vouchers, and other documents relating to the land to be compulsorily hired as he may reasonably require for the purposes of valuation, and such expenses [as the council shall consider or]3 as the valuer certifies to have been properly incurred by any person in furnishing such assistance, information, and explanations, or otherwise, in relation to the valuation, shall be paid by the council. (7.) On the determination of any tenancy created by compulsory hiring any questions as to the amount due by the council for depreciation shall in default of agreement be determined by arbitration. (1) See the regulations of the Ministry for the compulsory hiring of land, post, p. 265. (2) See sects. 77 to 85 of the Railways Clauses Consolidation Act, 1845, ante, p. 91. (3) The words in square brackets are added by the Act of 1919. In Knowles v. Salford Corporation (91 L. J. Ch. 106; [1922] 1 Ch. 328), it was held that an order made by a local authority for hiring land compulsorily for the purposes of small holdings or allotments (which at that time under sect. 1, subsect. 1 of the Act of 1919 did not require confirmation by the Ministry) would not authorise the breaking up of pasture land unless the Ministry were satisfied that it could be so broken up without depreciating its value, or that the circumstances were such that small holdings or allotments, as the case may be, could not otherwise be successfully cultivated. An order having been made by a borough council for hiring pasture land compulsorily for allotments it was held by the Court of Appeal that it was sufficient if the Ministry expressed its satisfaction that the land included in the order could not be successfully cultivated for allotments without breaking up the pasture, and that it was not necessary that the Ministry should express its satisfaction that Schs. I., II. no land in the neighbourhood could be provided for allotments without breaking up pasture. But as regards land hired compulsorily for allotments or allotment gardens, see now sect. 8, sub-sects. 4 and 5, of the Allotments Act, 1922, post, p. 160. (4) The determination of the rent or compensation in respect of land authorised to be hired compulsorily is now to be determined by an official arbitrator under the Acquisition of Land (Assessment of Compensation) Act, 1919. See sect. 7 (2) of that Act, post, p. 142. (5) For the provisions of the Agricultural Holdings Act, 1923 (which has taken the place of the Act of 1908), in respect of arbitration, see note (1) to sect. 58, ante, p. 85. The claim of a tenant, which might be referred to arbitration under the Agricultural Holdings Act, 1923, would be for such improvements made by the tenant as come within the First Schedule to that Act, or in the case of land agreed to be let or treated as a market garden, within the Third Schedule to the Act: see Spencer's Agricultural Holdings Act, 1923, pp. 91 and 99. (6) The uses in respect of which the owner may resume possession of the land are stated in sect. 46, ante, p. 63. SECOND SCHEDULE. Sect. 47. IMPROVEMENTS REFERRED TO IN SECTION FORTY-SEVEN. PART I. (1.) Planting of standard or other fruit trees permanently set out; (2.) Planting of fruit bushes permanently set out; (3.) Planting of strawberry plants; (4.) Planting of asparagus, rhubarb, and other vegetable crops which continue productive for two or more years. PART II. (1.) Erection, alteration, or enlargement of buildings; (2.) Formation of silos; (3.) Laying down of permanent pasture; (4.) Making and planting of osier beds; (5.) Making of water meadows or works of irrigation; (6.) Making of gardens; (7.) Making or improving of roads or bridges; (8.) Making or improving of watercourses, ponds, wells, or reservoirs, or of works for the application of water power or for supply of water for agricultural or domestic purposes; (9.) Making or removal of permanent fences; (10.) Planting of hops; (11.) Planting of orchards or fruit bushes; (12.) Protecting young fruit trees; (13.) Reclaiming of waste land; (14.) Warping or weiring of land; (15.) Embankments and sluices against floods; [(18.) Provision of permanent sheep-dipping accommodation. (19.) In the case of arable land, the removal of bracken, gorse, tree roots, boulders, and other like obstructions to cultivation.] Part I. of this Schedule is identical with the Third Schedule to the Agricultural Holdings Act, 1923, containing "Improvements subject to special provisions in the case of market gardens," with the exception of item (5), "Erection or enlargement of buildings for the purposes of the trade or business of a market gardener," which is omitted. Part II. is identical with Part I. of the First Schedule to the Agricultural Holdings Act, 1923, but contains an additional item, viz., "Drainage," which is in Part II. of that Schedule. The two last items are added by the Act of 1926. Scheds. II., Sect. 47. 50 & 51 Vict. The Allotments Act, 1887. The whole Act, except as c. 48. 53 & 54 Vict. 55 & 56 Vict. c. 31. 56 & 57 Vict. c. 73. 60 & 61 Vict. 7 Edw. 7, The Allotments Act, 1890. The Small Holdings Act, The Local Government respects sub-sections (4) to (8) of section three so far as they are applied by any other enactment. The whole Act. The whole Act, except so far The Land Transfer Act, Section nineteen. The Small Holdings and The Whole Act. |