Agricultural Land Tribunal for Wales

{{Sources exist|date=March 2024}}

{{Short description|Welsh agricultural tribunal}}

{{Infobox court

| court_name = Agricultural Land Tribunal for Wales

| image = File:Royal Badge of Wales (2008-2024).svg

| caption = The royal badge of Wales

| image2 =

| caption2 =

| established = 1947

| authority = Agriculture Act 1947

| appealsto = Upper Tribunal (Lands Chamber)

| website = {{URL|https://agriculturallandtribunal.gov.wales//}}

| jurisdiction = Wales

}}

The Agricultural Land Tribunal for Wales (ALTW) is a tribunal sponsored by the Welsh Government that deal with disputes related to agricultural holdings.{{Cite web |title=Welcome to the |url=https://agriculturallandtribunal.gov.wales/welcome |access-date=2024-02-29 |website=The Agricultural Land Tribunal for Wales |language=en}}

It is established under Section 73 of the Agriculture Act 1947, and also has powers under the Agricultural Holdings Act 1986 and Land Drainage Act 1991.{{Cite web |title=The Tribunal's powers |url=https://agriculturallandtribunal.gov.wales/tribunals-powers |access-date=2024-02-29 |website=The Agricultural Land Tribunal for Wales |language=en}} Its functions fall under the remit of the President of Welsh Tribunals.{{cite web |title=The Welsh tribunals |date=2 March 2017 |accessdate=7 January 2018 |url=http://www.legislation.gov.uk/ukpga/2017/4/section/59/enacted |publisher=His Majesty’s Stationery Office}} It the oldest of the Welsh tribunals.{{cite journal |last1=Nason |first1=Sarah |last2=Pritchard |first2=Huw |title=Administrative justice and the legacy of executive devolution: establishing a tribunals system for Wales |journal=Australian Journal of Administrative Law |date=30 April 2020 |volume=26 |issue=4 |pages=233–254 |url=https://orca.cardiff.ac.uk/id/eprint/127093/ |language=en |issn=1320-7105}}

Functions

The ALTW can hear disputes regarding:{{Cite web |title=Agricultural Land Tribunal Wales Annual Report 2022 – 2023 |url=https://agriculturallandtribunal.gov.wales/sites/agriculturalland/files/2023-06/ALT-annual-report-22-23.pdf |website=agriculturallandtribunal.gov.wales}}

  • Agricultural processes. This includes in particular husbandry, burning of grass or heather, fixed equipment, long-term improvements, and market gardens
  • Tenancy, including succession and notices to quit a holding
  • Drainage, including the restoration or improvement of ditches

Proceedings

The majority of hearings have been held virtually since the 2020 pandemic, although many cases do not require a hearing.{{Cite web |title=Frequently Asked Questions |url=https://agriculturallandtribunal.gov.wales/frequently-asked-questions |access-date=2024-02-29 |website=The Agricultural Land Tribunal for Wales |language=en}} Where a hearing is needed, the panel will conduct an inspection of the land involved, as well as any equipment or produce on it. Judges can be cross-deployed from the other Welsh tribunals.

Proceedings are regulated by the Agricultural Land Tribunal (Area) Order 1982 and the Agricultural Land Tribunals (Rules) Order 2007. They can be conducted in either English or Welsh.

The tribunal has no power to enforce the orders it makes, as this is held by the County Court.

= Avenues for further appeal =

There are two avenues for appeal of ALTW decisions:

  • Review by another sitting of the ALTW
  • Appeal to the Upper Tribunal

= Representation =

Parties can choose to be represented by a lawyer, but may also use a friend or represent themselves.

Membership

The tribunal is led by a chairman, who is appointed by the Lord Chancellor and must have been a solicitor or barrister for at least 7 years' prior. The deputy chairmen must also be legally qualified. All can preside over hearings, and will write decisions.{{Cite web |title=Secretariat and members |url=https://agriculturallandtribunal.gov.wales/secretariat-and-members |access-date=2024-02-29 |website=The Agricultural Land Tribunal for Wales |language=en}}

As of 2023, the current chairman is Dr Christopher McNall. The deputy chairmen are Tanveer Rakhim and Gareth Wilson.

Other panel members do not have to be lawyers, but are still appointed by the Lord Chancellor.

The ALTW is supported by a secretariat.

Caseload

From 2022 to 2023, the ALTW received:

  • 19 applications related to succession of a tenancy on death
  • 8 applications related to a notice to quit a tenancy
  • 1 application related to land drainage

See also

References

{{Reflist}}