General Flashcards
GAEC and SMRs
Good Agricultural and Environmental Condition
Statutory Management Requirements
SSAFO regulations
Storing silage, slurry and agricultural fuel oil
Mandatory rules to be followed
Definition of agriculture under the AHA 86 Act?
s 96 (1)
breeding and keeping of livestock + use of land as grazing land
includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly
Definition of agricultural holding under AHA 86 act?
To be considered to be an agricultural holding under the 86 act it must satisfy the following requirements:
-there must be land which must be agricultural land
-it must be used for a trade or business
-it must be included in the contract of tenancy
-the tenancy must be an ag tenancy expressly or impliedly by operation of s 2 of the AHA 86
-the tenancy must not be one where land is let to the tenant during the continuation of the tenant’s office, appointment or employment held under the landlord.
Agricultural land under 86 act and therefore Ag act 1947
Contains the following elements:
- land used for agriculture which is so used for the purposes of trade or business
Definition of livestock under the AHA 86 act?
includes any creature kept for the production of food, wool, skins, or fur or for the purpose of its use in the farming of land or the carrying on in relation to land of any agricultural activity;
Meaning of a Farm Business Tenancy under ATA 95 act?
A tenancy is a “farm business tenancy” for the purposes of this Act if—
(a)it meets the business conditions together with either the agriculture condition or the notice conditions, and
(b)it is not a tenancy which, by virtue of section 2 of this Act, cannot be a farm business tenancy.
Business conditions under ATA act are
(a)that all or part of the land comprised in the tenancy is farmed for the purposes of a trade or business, and
(b)that, since the beginning of the tenancy, all or part of the land so comprised has been so farmed.
Agriculture condition under ATA 95 act, is that, having regard to -
(a)the terms of the tenancy,
(b)the use of the land comprised in the tenancy,
(c)the nature of any commercial activities carried on on that land, and
(d)any other relevant circumstances,
the character of the tenancy is primarily or wholly agricultural.
S2
Tenancies which cannot be FBTs = where AHA 86 applies (I.e. began before 1st September 1995
Fyffe v Esslemont case
CFA where the Tenant of a secure Tenancy was found not to be conducting the farming of the holding ‘as a trade or business’ because they had been not actively managing holding and allowing ‘contractor/tenant’ to do so for last 2 decades or so. Result was they lost their security of tenure as found to be sub-letting.
Examples of GAECs
