If the retirement notice includes a statement that it is given on the grounds of infirmity1, then before the nominated successor’s application is dealt with further, the tribunal2 must be satisfied3 that:
the retiring tenant or (as the case may be) each of the retiring tenants, either is or will at the retirement date be incapable, by reason of bodily or mental infirmity, of conducting the farming of the holding in such a way as to secure the fulfilment of the responsibilities of the tenant to farm in accordance
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