ARRANGEMENT OF SECTIONS

Allotments

Section

     1. Extension of length of notices to quit
         allotment gardens.
     2. Cesser of restrictions on right of tenent of
         an allotment garden to compensation for
         crops and manure.
     3. Compensation to tenant of an allotment
         garden for disturbance.
     4. Right of landlord of an allotment garden
         for compensation for deterioration.
     5. Set-off of compensation against rent.
     6. Exclusion of cottage holdings, and
         provisions as to wartime allotments.
     7. Application of provisions of the
         Allotments Act, 1922, for purposes of
         preceeding sections.
     8. Amendment of s. 1 (4) of the Allotments
         Act, 1922.
     9. Restriction of obligations of local
         authorities to provide allotments.
   10. Rents to be charged for allotments let by
         local authorities.
   11. Expenditure by local authorities on
         allotments.

Abolition of contractual restrictions on keeping
hens and rabbits

   12. Abolition of contractual restrictions on
         keeping hens or rabbits.

Supplementary

   13. Expenses and receipts.
   14. Interpretation.
   15. Short title, citation, extent and repeal.

         SCHEDULE. -- Enactments Repealed

     Be it enacted by the King's most excellent
     Majesty, by and with the advice and
     consent of the Lords Spiritual and
     Temporal, and Commons, in this present
     Parliament assembled, and by the
     authority of the same,as follows:--

Allotments

     1.--(1) Paragraph (a) of subsection (1)
     of section one of the Allotments Act, 1922
     (which specifies, as the only kind of notice
     to quit that may be given by a landlord in
     respect of land let on a tenancy for use by
     the tenant as an allotment garden or let
     to a local authority or association for the
     purpose of being sub-let for such a use, a
     six month's or longer notice expiring on or
     before the sixth day of April or on or after
     the twenty-ninth day of September in any
     year) shall have effect with the substitution,
     for the reference to six months, of a
     reference to twelve months.

         (2) This section shall not affect the
     operation of a notice to quit given before
     the passing of this Act.

     2.--(1) For subsection (2) of section two of
     the Allotments Act, 1922 (which restricts
     the right conferred by that section on
     the tenant of an allotment garden to
     recover compensation from his landlord
     on the termination of the tenancy to a
     case where the tenancy is terminated by
     the landlord and is so terminated between
     the sixth day of April and the twenty-
     ninth day of September or by re-entry
     at any time under paragraph (b). (c) or (d)
     of subsection (1) of section one of that
     Act) there shall be substituted the
     following section:--

                 "(2) Subject to the provisions of this
                         section, compensation shall be
                         recoverable under this section
                         only if the tenancy is terminated
                         by the landlord by notice to quit
                         or by re-entry under paragraph
                         (b), (c), or (d) of sub-section (1)
                         of the last preceding section.

         (2) This section shall not have effect in
      relation to a tenancy terminated by virtue
      of a notice to quit given before the passing
      of this Act.

     3 --(1) Where a tenancy under which land
     let, whether before or after the passing of
     this Act, for use by the tenant as an allotment
     garden or to a local authority or association
     for the purpose of being sub-let for such use
     is terminated, as to the whole or any part
     of the land comprised in the tenancy--
              (a)  by re-entry under paragraph (b),
              (c) or (d) of subsection one of the
              Allotments Act, 1922; or
              (b) where the landlord is himself a
              tenant, by the termination of his
              tenancy; or
              (c) where the landlord is a local
              authority who have let the land
              under section ten of the Allotments
              Act, 1922; by the termination of the
              right of occupation of the authority;
     the tenant shall, notwithstanding any
     agreement to the contrary,be entitled, on
     quitting the land or that part thereof, as the
     case may be, to recover from the landlord
     compensation for the disturbance of an
     amount determined in accordance with
     sub-section (2) of this section.

         (2) The amount of any compensation
              recoverable under this section
              shall be--
              (a)  where the tenancy terminates as
              to the whole of the land, an amount
              equal to one year's rent of the land at
              the rate at which rent was payable
              immediately before the termination
              of the tenancy;
              (b) where the tenancy terminates as to
              the whole of the land, an amount
              bearing to the amount mentioned
              in the foregoing paragraph the same
              proportion that the area of that part
              bears to the area of the whole land.

         (3) Compensation under this section
     shall be in addition to any compensation
     to which the tenant may be entitled under
     the Allotments Act, 1922.

         (4) Subsection (2) of section four of the
     Allotments Act, 1922 (which enables the
     tenant of an allotment garden to recover
     compensation from a mortgagee who
     deprives him of possession) shall apply to
     compensation under this section as it
     applies to compensation under that Act.

         (5) This section shall not have effect in
     relation to a tenancy which has terminated
     before the date of the passing of this Act
     or terminates after that date in consequence
     of a notice given or of legal proceedings
     commenced before that date.

     4. --(1) Where the tenant of land let,
     whether before or after the passing of
     this Act, on a tenancy for use by the
     tenant as an allotment garden quits
     the land on the termination of the tenancy,
     the landlord shall, notwithstanding any
     agreement to the contrary, be entitled
     to recover from the tenant compensation
     in respect of any deterioration of the land
     caused by failure of the tenant to
     maintain it clean and in a good state of
     cultivation and fertility.

         (2) The amount of any compensation
     recoverable under this section shall be the
     cost, as at the date of the tenant's quitting
     the land, of making good the deterioration.

         (3) Where the tenant of land let on a
     tenancy for use by him as an allotment
     garden has remained therein during two
     or more tenancies, his landlord shall not be
     deprived of his right to compensation under
     this section in respect of dererioration of the
     land by reason only that the tenancy during
     which an act or omission occurred which in
     whole or in part caused the deterioration
     was a tenancy other than the tenancy at the
     termination of which the tenant quits the
     land.

         (4) This section shall not have effect in
     relation to a tenancy which has terminated
     before the date of the passing of this Act
     or terminates after that date in
     consequence of a notice given or of legal
     proceedings commenced before that date.

     5. --(1) Out of any money payable to a
     tenant by way of compensation under
     section two of the Allotments Act, 1922, or
     section three of this Act, the landlord shall
     be entitled to deduct any sum due to him
     from the tenant under or in respect of the
     tenancy (including any sum due by way of
     compensation under section four of this Act.

         (2) Out of any money due to the landlord
     from the tenant under or in respect of the
     tenancy (including any money due by way
     of compensation under section four of this
     Act), the tenant shall be entitled to deduct
     any sum payable to him by the landlord by
     way of compensation under section two of
     the Allotments Act, 1922, or section three
     of this Act.

         6. The foregoing provisions of this Act
      shall not apply to any parcel of land
      attached to a cottage, and the said
      provisions, other than those of section
      two, shall not apply to land let by a
      local authority under Regulation
      sixty-two A of the Defence (General)
      Regulations, 1939 ; and in any
      document embodying an arrangement
      for the cultivation or use of land made
      in pursuance of the Cultivation of Lands
      (Allotments) Order, 1939, as originally
      made, or of that order as amended
      by the Cultivation of Lands (Allotment)
      Order, 1941, any reference to
      compensation to which a person would
      have been entitled if the arrangement
      had been a letting under a contract of
      tenancy of the land for use as an
      allotment garden or for sub-letting in
      allotment gardens shall be construed
      in like manner as if this Act apart from
      section two thereof had not passed.

         7. Section six of the Allotments Act, 1922
      (which relates to the determination and
      recovery of compensation under the
      foregoing provisions of that Act) and
      section seven of that Act (which provides
      for the application of those provisions
      to Crown lands) shall have effect as if
      the references to those provisions
      included references to the foregoing
      provisions of this Act, and sub-section
      (4) of section twenty-two of that
      Act (which provides, amongst other
      things, that, for the purposes of that
      Act, where land is used by the tenant
      thereof as an allotment garden, it shall,
      unless the contrary is proved, be deemed
      to have been let to him to be used as an
      allotment garden) shall have effect as
      if the reference to that Act included a
      reference to this Act.

         8. Subsection (4) of section one of the
      Allotments Act, 1922 (which excludes from
      the operation of that section land held by
      or on behalf of the Admiralty, War
      Department or Air Council and let as
      mentioned in subsection (1) of that section,
      when possession of the land is required for
      naval, military or air force purposes)
      shall have effect--

              (a) with the substitution, for the words
              "or Air Council" of the words "Air
              Council or Ministry of Supply":
              and

              (b) with the addition, at the end
              thereof, of the words "or for the
              purposes of the Ministry of Supply,
              as the case may be".

         9. The obligations under the Allotments
      Acts, 1908 to 1931, of the council of a
      borough, urban district or parish and of
      the parish meeting of a rural parish not
      having a parish council to provide
      allotments shall--

              (a) except in the case of the
              council of a borough or urban
              district the population whereof
              is, according to the last published
              census for the time being, ten
              thousand or upwards, be limited
              to the provision of allotment
              gardens; and

              (b) in the said excepted case, be
              limited to the provisions of allotment
              gardens not exceeding twenty poles
              in extent.

         10. -(1) Land let by a council under the
      Allotments Acts, 1908 to 1931, for use as an
      allotment shall be let at such rent as a
      tenant may reasonably be expected to
      pay for the land if let for such use on
      the terms (other than terms as to rent)
      on which it is in fact let:
          Provided that land may be let by a
      council as aforesaid to a person at less
      rent if the council are satisfied that there
      exist special circumstances affecting that
      person which render it proper for them to
      let the land to him at a less rent.

         (2) Not more than a quarter's rent for
      land let by a council as mentioned in
      subsection (1) of this section shall be
      required to be paid in advance:
          Provided that this subsection shall not
      apply where the yearly rent is twenty-five
      shillings or less.

         (3) In this section the references to a
      council shall be construed as including
      references to the parish meeting of a
      rural parish not having a parish council.

         11. --(1) In subsection (1) of section
      sixteen of the Allotments Act, 1922
      (which prohibits a council from taking
      proceedings under the provisions of the
      Allotments Acts unless in the opinion
      of the council their expenses under
      those provisions may reasonably be
      expected to be defrayed out of the
      receipts under those provisions) for the
      words "to be defrayed out of the receipts
      of the council under those provisions",
      there shall be substituted the words
      " to exceed the receipts of the council
      under those provisions by no greater
      amount than would be produced by a
      rate of two pence in the pound"; and
      section seventy-five of the Local
      Government Act, 1929 (which increases
      such statutory limits upon local authorities'
      expenditure as are imposed by reference
      to specified rate poundages) shall not apply
      to the said section sixteen as amended by
      this section.

         (2) Any expenditure incurred under the
      Allotments Acts, 1908 to 1931, or this Act
      by a parish council or the parish meeting of
      a rural parish not having a parish council
      shall be left out of account for the purposes
      of subsections (3) and (5) of section one
      hundred and ninety-three of the Local
      Government Act, 1933 ( which subsections
      limit the sums which may be required to be
      raised in any financial year to meet the
      expenses of parish councils and meetings).

      Abolition of contractual restrictions on
     keeping hens and rabbits.

         12. --(1) Notwithstanding any provision
      to the contrary in any lease or tenancy or
      in any covenant, contract or undertaking
      relating to the use to be made of any land,
      it shall be lawful for the occupier of any
      land to keep, otherwise than by way of
      trade or business, hens or rabbits in any
      place on the land and to erect or place and
      maintain such buildings or structures on
      the land as are reasonably necessary for
      that purpose:
          Provided that nothing in this subsection
      shall authorise any hens or rabbits to be
      kept in such a place or in such a manner as
      to be prejudicial to health or a nuisance or
      affect the operation of any enactment.

         (2) This section shall have effect as from
      the time when Regulation sixty-two B of
      the Defence (General) Regulations, 1939,
      ceases to have effect as respects England
      and Wales.

Supplementary

         13. --(1) Any expenses incurred by a
      Minister of the Crown or by any
      government department (other than the
      Commissioners of Crown Lands) in
      paying compensation under this Act shall
      be defrayed out of moneys provided by
      Parliament, and any sums received by a
      Minister of the Crown or by any
      government department (other than the
      Commissioners of Crown Lands) by way
      of compensation under this Act shall be
      paid into the Exchequer.

         (2) Any increase attributable to the
      passing of this Act in the sums which,
      under any other enactment, are payable
      out of moneys provided by Parliament
      shall be defrayed out of moneys so provided.

         14. --(1) In this Act the expressions
      "allotment garden" and "landlord"
      have the same meanings as they have
      for the purposes of the Allotments Act,
      1922, and the provision of sub-section (1)
      of section twenty-two of that Act relating
      to the continued application to parties of
      the designations of landlord and tenant
      shall apply for the purposes of this Act
      as they apply for the purposes of that
      Act.

         15. --(1) This Act may be cited as the
      Allotments Act, 1950,and the Allotments
      Acts, 1908 to 1931, and this Act may be
      cited together as the Allotments Acts,
      1908 to 1950.

         (2) This Act shall not extend to Scotland
      and Northern Ireland.

         (3) The enactments mentioned in the first
      and second columns of the Schedule to this
      Act are hereby repealed to the extent
      specified in the third column of that
      Schedule.

SCHEDULE

Enactments repealed

         Session and             Short Title                           Extent of
         Chapter                                                                Repeal
-------------------------------------------------------------------------------------
8 Ewd.                The Small Holdings        In section twenty-three,
 7. c. 36              and Allotments Act,        sub-section (4)
                                       1908.
12&13 Geo.       The Allotments Act,       In section two,    
5. c. 51                           1922.                    sub-section (5).
                                                                    section thirteen.
                                                                    In section sixteen
                                                                    sub-section (3).
15 & 16 Geo. .    The Allotments Act,       Section four.
5. c, 61                             1925.

Table of Statutes referred to in this Act
------------------------------------------------------

    Short Title                                Session and Chapter
 ----------------------------------------------------------------------
Allotments Act, 1922.                       12 & 13 Geo. 5. c. 51
Local Government Act, 1929.          19 & 20 Geo. 5. c. 17
Local Government Act, 1933.          23 & 24 Geo. 5. c. 51