Deputy Speaker, please note the following SPaG items - 1, 2

Agricultural Tenure and Land Use Reform Bill

Please note the following amendments are conflicting. If both conflicting amendments pass, a run-off division will be needed:

• A02 and A08
• A04 and A09
• A06 and A09
• A07 and A10

A01

Omit Schedule, add the references to the end of the opening speech

EN: it’s… not actually a schedule as it doesn’t concern regulations under the bill. Hence it doesn’t need to be in the bill

A02

Omit “In line with Agricultural Reform Act” from Section 8 (a)

EN: I’m not sure what this even means

A03

Add at the end of Section 8:

(5) This Act may be cited as Agricultural Tenure and Land Use Reform Act 2023

EN: adds a short title

Amendments 1 to 3 were submitted by /u/CountBrandenburg

A04

Omit section 7(8d) in its entirety.

EN: this doesn't really feel like it needs LCMs

Amendment 4 was submitted by /u/realbassist

A05

Amend section 8(d) to read:

This Act applies to England.

Amendment 5 was submitted by /u/model-willem

A06

Amend Section 7(b), 7(c) and insert to read (also renumber the formatting appropriately):

(2) The Secretary of State may set regulations via secondary legislation regarding the creation of guidelines and criteria on substantial agricultural activity deemed in compliance with this Act, by the Secretary of State.

(3) The relevant authority granted investigatory and inspection powers by the Secretary of State shall have the power to inspect and investigate landowners and connected persons for compliance with the provisions of this Act.

(4) Pursuant to the paragraph above, the Secretary of State may set regulations via secondary legislation for the relevant authority acting on behalf shall have the power to issue the following —

(a) compliance notices,(b) monetary penalties, and(c) stop notices.

(5) Regulations set under this Section must secure the necessary review and appeal procedures are included.

(f) Regulations set under this Section shall be subject to affirmative procedure.

EN: Redoing the enforcement section to actually allow for and set enforcement provisions via regulations by the Secretary of State.

A07

Amend Section 4(c) to read (and renumber format):

(3) Agricultural land shall not be used for tax avoidance and connected purposes, deemed to the discretion of the relevant investigatory body designated by the Secretary of State.

EN: The original clause is unnecessarily worded and duplicates it’s enforcement clause. Would work in tangent with my amendment to the enforcement section.

Amendment 6 and 7 were submitted by /u/Waffel-lol

A08

Change section 8(a) to read "This Act comes into force at the end of the period of 2 years beginning with the day on which this Act is passed"

Explanatory note: this is how commencement clauses are written in real life (see section 329(3) of the irl Energy Bill for example). The day on which the Act is passed refers to Royal Assent - this is just how it's worded irl.

A09

Strike section 7

Explanatory note: 3 vague clauses is not enough to establish a full regulatory body. You would want to dedicate a part of this bill establishing the body, setting out who leads it, how it's governed, how it's funded, etc.

A10

Strike section 4

Explanatory note: incredibly vague as to what penalties are to be imposed. A Jail term, and if so, how long? A fixed penalty notice? A fine not exceeding a certain level?

A11

Strike sections 5 and 6. Replace section 3 with the following:

(1) The Agriculture Reform Act 2022 is amended as follows.

(2) In section 1(1)(j), repeal “.”.

(3) After section 1(1)(j), insert—

” (k) the use of electricity generated from renewable resources,(l) increasing biodiversity,(m) reducing the use of water,(n) increasing energy efficiency,(o) encouraging persons to become farmers."

(4) At the end of section 1(5), repeal “.”.

(5) At the end of section 1(5), insert—

““biodiversity” has the same meaning as “biological diversity” in the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or in any United Nations Convention replacing that Convention);”renewable resource” means a source of energy or technology listed in section 82(7) of the Energy Act 2004."

Explanatory note: Section 1(1) of the Agriculture Reform Act 2020 allows the government to give financial assistance for certain agricultural purposes. This amendment inserts into that section the things this bill wants to give subsidies for.

A12

Strike section 1. Before the last section, insert a section entitled “Interpretation” with the following provisions:

In this Act—

“farmer” has the same meaning as in Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013;“landowner” means and individual or body who owns or controls agricultural land;“agricultural land” has the same meaning as “agricultural area” in Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013.

A13

For section 2, substitute:

(1) Landowners must agree to a tenancy with any farmer working on their lands.

(2) The tenancy is to be of a period not shorter than five years.

(3) Schedule 1 applies if the landowner wishes to terminate a tenancy early.

After section 2, insert a new section entitled “Interpretation of section 2” with the following provisions:

(1) This section makes provision about the interpretation of section 2.

(2) A tenancy is an agreement between a landowner and a tenant under which a property is let to an individual (“the tenant”) as a separate dwelling.

(2) A tenancy is to be regarded as one under which a property is let to an individual notwithstanding that it is let jointly to an individual, or individuals, and another person.

(3) A tenancy is to be regarded as one under which a property is let as a separate dwelling, despite the let property including other land, where the main purpose for letting the property is to provide the tenant with a home.

(4) A tenancy is to be regarded as one under which a property is let as a separate dwelling if, despite the let property lacking certain features or facilities––

(a) the terms of the tenancy entitle the tenant to use property in common with another person (“shared accommodation”), and(b) the let property would be regarded as a separate dwelling were it to include some or all of the shared accommodation.

(5) In a case where two or more persons jointly are the tenant under a tenancy, references to the tenant in subsection (3) are to any one of those persons.

Insert the following at the end of the bill:

SCHEDULES

SCHEDULE 1

EARLY TERMINATION OF TENANCY

(1) A landowner may only terminate a private residential tenancy if the tenant is provided with six calendar months notice from the date in which the tenant is informed to the date the tenancy would come to an end.

(2) Paragraph 1 does not apply if any of the conditions in paragraph 4 applies to the tenancy.

(3) A tenant may terminate a tenancy agreement providing they inform the landlord in writing of their intention to do so with a minimum notice period.

(4) The conditions are that—

(a) The landowner intends to sell the property within three months of the tenant moving out, in which case a minimum of three calendar months notice must be provided to the tenant,(b) The landowner intends to carry out major work on the property to such an extent that the tenant could not feasibly live in the property, in which case a minimum of three calendar months notice must be provided to the tenant,(c) The landowner intends to move into the property, in which case a minimum of three calendar months notice must be provided to the tenant,(d) The property is held to be available for someone who has a religious job, in which case the tenant will be required to leave the home within one calendar month of the job ending,(e) The tenant, or someone connected to the tenant, is convicted of an offence where the property has been used in connection to the conviction with the knowledge of the tenant, in which case no minimum notice must be provided to the tenant,(f) The tenant is no longer using the property as their main dwelling, in which case a minimum of one month's notice must be provided to the tenant,(g) A qualifying family member intends to move into the property as their main dwelling, in which case a minimum of one month's notice must be provided to the tenant,(h) A qualifying family member intends to move into the property as their main dwelling, in which case a minimum of three months' notice must be provided to the tenant,(i) The tenant has breached the terms of their tenancy other than rent, in which case no minimum notice must be provided to the tenant,(j) The landowner has had their registration as a landlord removed or revoked, in which case a First-tier tribunal shall decide the minimum amount of time a tenant must be allowed to remain in the property before they are evicted,(k) The landowner has been served with an overcrowding statutory notice, in which case a First-tier tribunal shall decide the minimum amount of time the tenant must be allowed to remain in the property before they are evicted,(l) The tenant has failed to pay their rent for three consecutive months, and a tenant still owes at least one months rent on the date of the First-Tier Tribunal Hearing, then the First-tier tribunal shall decide the minimum amount of time the tenant must be allowed to remain in the property before they are evicted.

(5) In paragraph (4), “qualifying family member” means—

(a) Someone the landowner is married to,(b) Someone the landowner is in a civil partnership with,(c) Someone living with the landowner as though they were married to them,(d) A parent or grandparent of the landowner or someone mentioned under (a), (b) or (c),(e) A child or grandchild of the landowner or someone mentioned in (a), (b) or (c),(f) A brother or sister of the landowner or someone mentioned in (a), (b) or (c),(g) A step relative or half relative of the landowner or someone mentioned in (a)(h) A person who for all intents and purposes is being treated as the child of (a), (b) or (c) even if they are not related biologically or legally,(i) The spouse or civil partner of any family members listed above, or someone living with them as though they were married.

Explanatory note: owners of agricultural land should guarantee their workers housing. This amendment borrows some language from the irl Private Housing (Tenancies) (Scotland) Act 2016

A14

Rename section 8 to "Commencement, extent and short title"

Explanatory note: what the name of the section should be provided other amendments to this section are passed

A15

Strike section 8(b)

Explanatory note: this is unnecessary.

Amendments 8 to 15 were submitted by /u/LightningMinion

This division will end at 10pm on the 2nd July