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PRECEDENTS
This workforce Agreement is made on [date] Parties 1 [insert name of company] [of OR whose registered office is at] [insert address] company registration number [insert number] (the ‘Employer'); and 2 those Relevant Employees who sign this Agreement. Recitals: (A) This Agreement applies to Relevant Employees; (B) The Employer and those Relevant Employees signing below enter this Agreement for the purposes
PRECEDENTS
This works council Agreement is made on [date] Parties 1 [insert name of company] [of OR whose registered] office is at [insert address] [registered number] (the ‘Employer’); and 2 The Works Council Members whose signatures appear below. background: (A) The Employer and the Works Council Members agree that the interests of the Employer's business are best served by their exchanging regular information, engaging in direct dialogue and consultation and reaching a collective understanding of the performance of the Employer's business, its operating environment and other aspects of the Employer's business affairs which affect the interests of its employees; (B) These objectives are best achieved by the establishment of a works council (‘Works Council’) as set out below. 1 Name 1.1 The Works Council will be known as [insert name]. 2 Scope and objectives 2.1 The Works Council will represent the entire workforce covering all of the Employer's business in Europe[ irrespective of whether a particular country is a member of the European Union]. 2.2 The Works Council is a consultation and information forum and will focus exclusively on those issues that affect the operations or businesses of the Employer
NEWS
Property analysis: The Upper Tribunal (UT) decided that naming the correct landlord of the holding as respondent to a succession tenancy application under section 39 of the Agricultural Holdings Act 1986 (AHA 1986) was not essential to the validity of such an application. It therefore upheld a decision of the Agricultural Land Tribunal (Wales) permitting the applicant Jones to substitute as respondent, for an incorrectly named party (Adams), the actual landlord (a company, Adams DSB Ltd) after the expiry of the three month time limit for the application. In passing, it also confirmed that in contrast to its English counterpart, appeals from the Welsh tribunal to the UT do not require permission to appeal. Written by Ewan Paton, barrister, at Guildhall Chambers, Bristol.
PRACTICE NOTES
STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’. ‘Development’ is defined in TCPA 1990, s 55(1) as: • the carrying out of building, engineering, mining or other operations in, on, over or under land (see Practice Note: Operational development), or • the making of any material change in the use of any buildings or other land (see Practice Note: Material change of use) TCPA 1990, s 58(1)(a) provides that planning permission may be granted by a ‘development order’. The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015), SI 2015/596 is a development order for these purposes. It allows specific types of development, set out in different classes in GPDO 2015, SI 2015/596, Sch 2, to be carried out without the need
NEWS
Private Client analysis: Farming businesses are often built over generations. They are asset-rich, cash-constrained, deeply personal and closely tied to family life. That combination makes planning for the future both essential and complex. A proactive corporate team, working closely with tax, private wealth and family law colleagues, can help farming families structure their businesses in a tax-efficient way, protect control, and reduce the risk of costly disputes later on. Written by Abigail McGarry, solicitor at Weightmans.
PRACTICE NOTES
Introduction The Agricultural Credits Act 1928 (ACA 1928) created a bespoke form of security that allows a farmer to grant a single charge (described in ACA 1928 as an ‘agricultural charge’) to a bank over their personal chattels and compensatory payments. These include all the farmer’s farming stock and other agricultural assets (but not the land which they farm). Prior to the introduction of ACA 1928, if a farmer wanted to grant security over their non-land assets, it had to be taken as a Bill of Sale under the Bills of Sale Act 1878 and the Bills of Sale Act (1878) Amendment Act 1882, which regulated the grant of a charge over chattels. Bills of Sale remain an alternative form of security, particularly for non-bank lenders. However, agricultural charges are expressly excepted from the requirements of the Bills of Sale legislation. The introduction of agricultural charges under ACA 1928 was widely seen as increasing a farmer’s flexibility to use their general business assets as security more easily than under the Bills of Sale
PRACTICE NOTES
Introduction to agricultural diffuse pollution Agriculture is key to society and sustainability, providing food and having significant socio-environmental and economic influence. It is also a major contributor to Greenhouse Gas (GHG) emissions. Diffuse pollution comes from non-point source, widespread activities within agricultural and urban environments. Diffuse agricultural pollution is the contamination of soil, air and water environment from farming activities. It tends to arise over a wide geographical area and is dependent on what happens on the surface of the land. Activities such as ploughing, seedbed preparation, crop spraying, fertiliser spreading and applying slurry may all contribute. There is a wide range of potential diffuse pollution sources, (run-off from farm roads and yards, the surface of fields and dusty roofs after rainfall are all potential sources) which can harm the environment. Diffuse pollution from agriculture is significant. It is estimated that approximately 70% of land in England is farmed. In Wales, this figure is higher and in excess of 85% of the land area. There is a significant number of slurry pollution incidents from farms each
PRACTICE NOTES
Leasing of farmland is heavily controlled by the law. In Scotland, normal commercial leases are only affected to a moderate extent by statute, but in the case of leases of agricultural property, the reverse is true. Types of Agricultural Leases There are four kinds of agricultural leases: • 1991 Act Tenancies sometimes called ‘traditional’ or ‘secure’ tenancies regulated under Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) • 2003 Act Tenancies of which there are several types (regulated by the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003)) • grazing tenancies, and • unusual tenancies principally liferent leases and indefinite tenancies which are not dealt with in this Practice Note Crofting tenancies distinguished from agricultural leases Although in legal form a lease, a croft tenancy held by the crofter represents the major interest in the croft land occupied. Landlords of crofts have very limited rights. Although in its 19th century origins, a croft was a small area of land farmed by the crofter, the numbers of crofters nowadays actively engaged in agriculture is much
GLOSSARY
An agricultural lien is a security interest over agricultural products, livestock or related proceeds, granted to secure payment of a debt arising from farming activities (for example, loans, supplies, services or rent). In legal practice it describes any charge or encumbrance over a farmer’s crops, animals, machinery or farming inputs, whether created by contract, statute or common law.In the UK and Ireland the expression is descriptive rather than a uniformly defined statutory term. The underlying rights will usually arise under general security law (for example, fixed and floating charges, pledges or liens), retention of title clauses, or specific statutory regimes affecting agricultural produce and co‑operative marketing.Key issues for practitioners include: attachment and perfection/creation of the security; priority against other secured creditors and landlords; interaction with insolvency, bankruptcy or sequestration; and enforceability on sale or slaughter of livestock or harvest of crops.Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, but the detailed rules differ: for example, Scotland’s law of moveable security and landlord hypothec, and Ireland’s Companies Act and agricultural charges practice. Careful jurisdiction‑specific analysis is required when drafting, registering or enforcing an agricultural lien.
PRACTICE NOTES
Agricultural nitrate pollution prevention in England Agricultural nitrate pollution prevention in England is regulated by the Nitrate Pollution Prevention Regulations 2015. These replaced the Nitrate Pollution Prevention Regulations 2008, SI 2008/2349, and originally implemented the requirements of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural source (the ‘Nitrates Directive’). For more information on the Nitrates Directive see EU Practice Note: EU Nitrates Directive 91/676/EEC—snapshot. Agricultural nitrate pollution prevention in Wales Agricultural nitrate pollution prevention in Wales is regulated by the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021. These regulations revoked the following legislation: • the Nitrate Pollution Prevention (Wales) Regulations 2013, SI 2013/2506 which control the application of nitrogen fertiliser in nitrate sensitive areas • the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015, SI 2015/2020 • the Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019, SI 2019/863 • the Water Resources (Control of Pollution) (Silage and Slurry) (Wales) Regulations 2010, SI 2010/1493, which regulate the custody and control of silage and slurry and provided the
PRACTICE NOTES
STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. What is an agricultural occupancy condition/agricultural tie? An isolated dwellinghouse can be constructed in the countryside only in very limited circumstances. These circumstances include where it can be demonstrated that there is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside. The planning permission for such a property will often have an agricultural occupancy condition (AOC) attached to it, whereby only a person employed (or last employed) in the locality in agriculture or forestry may occupy the property. Such conditions are also referred to as agricultural ties. The scope of AOCs has been the subject of much case law—see: Establishing breach of an AOC below for a summary of key case law on the subject. Why remove an AOC? An AOC dramatically limits the potential market for a property
PRACTICE NOTES
Joint ventures are becoming increasingly popular in the agricultural industry and provide options for farmers who perhaps want to share the workload or are considering taking a step back from farming or landowners who would prefer not to farm in-hand. There are a number of different joint venture agreements available, and the type of model to use will often depend on several factors. This Practice Note will look at various joint venture models in terms of what they are, the factors to be considered when deciding which model would be best for the parties to use, how each model is formed and various other factors which need to be taken into account when advising clients. At the outset, it is important to note that the various structures available are interchangeable: the parties may start with a licence to occupy so that they have an opportunity to get to know each other before moving on to a partnership or share farming model, which could in turn change to a farm business tenancy if the landowner wants