Agricultural Land Tribunal for Wales explained

Court Name:Agricultural Land Tribunal for Wales
Established:1947
Authority:Agriculture Act 1947
Appealsto:Upper Tribunal (Lands Chamber)
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.[1]

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.[2] Its functions fall under the remit of the President of Welsh Tribunals.[3] It the oldest of the Welsh tribunals.[4]

Functions

The ALTW can hear disputes regarding:[5]

Proceedings

The majority of hearings have been held virtually since the 2020 pandemic, although many cases do not require a hearing.[6] [1] 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.[4]

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:

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.[7]

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:

See also

References

  1. Web site: Welcome to the . 2024-02-29 . The Agricultural Land Tribunal for Wales . en.
  2. Web site: The Tribunal's powers . 2024-02-29 . The Agricultural Land Tribunal for Wales . en.
  3. Web site: The Welsh tribunals . 2 March 2017 . 7 January 2018 . His Majesty’s Stationery Office.
  4. Nason . Sarah . Pritchard . Huw . Administrative justice and the legacy of executive devolution: establishing a tribunals system for Wales . Australian Journal of Administrative Law . 30 April 2020 . 26 . 4 . 233–254 . en . 1320-7105.
  5. Web site: Agricultural Land Tribunal Wales Annual Report 2022 – 2023 . agriculturallandtribunal.gov.wales.
  6. Web site: Frequently Asked Questions . 2024-02-29 . The Agricultural Land Tribunal for Wales . en.
  7. Web site: Secretariat and members . 2024-02-29 . The Agricultural Land Tribunal for Wales . en.

External links