Our news roundup includes the appointment of a Tenant Farming Commissioner; the Law Commission’s review into farm tenancies; updated Farming Rules for Water; strengthened shotgun licensing laws; and a brief report on the ruling in Standish v Standish, a recent divorce case that could have implications for farming families.
Tenant Farming Commissioner appointed
Alan Laidlaw, a Harper Adams’ alumnus and chartered rural surveyor with over 25 years’ experience in the sector including at the Crown Estate, has been appointed England’s first Tenant Farming Commissioner. His brief is to provide an impartial point of contact for tenants, landlords and advisers; strengthen relationships and increase collaboration; and promote the standards set out in the Agricultural Landlord and Tenant Code of Practice. He will also investigate complaints, track trends, offer guidance, and report regularly on tenant-landlord relations. You can read more about Alan here.
Farm tenancy review
Following the Rock Review, the Law Commission has announced a review of agricultural tenancies under the Agricultural Holdings Act 1986 and the Agricultural Tenancy Act 1995 (which introduced the Farm Business Tenancy). The review will consider if tenant farmers have enough security of tenure under the current legal framework to encourage investment and remain viable. It will also consider if the framework gives landlords sufficient confidence to let land to new entrants to farming. It will also look at any legislative barriers that prevent tenant farmers from diversifying or adopting more sustainable farming practices, whether it helps or hinders more collaboration between tenants and landlords, and whether the law creates more bureaucracy for farmers.
Farming Rules for Water (FRfW)
Defra has updated its guidance governing the Environment Agency’s (EA) approach to enforcing the farming rules for water. The EA’s focus should be on giving advice and guidance before enforcement action, including directing land managers towards grants and schemes like the Catchment Sensitive Farming partnership. It remains the responsibility of land managers to manage the risk of agricultural diffuse pollution, including the use of green cover as a preventative measure. The EA is encouraged to consider individual circumstances before deciding on an appropriate course of action and civil or criminal sanctions will only be considered if guidance and warnings are not heeded.
Strengthening shotgun licensing laws
Earlier this year the government announced its intention to align the regulations governing firearms and shotguns. In August they announced that, from immediate effect, the number of references required for shotgun applications would be increased from one to two. This means that every applicant will need two referees whom they have known well for at least two years to give them a character reference. Police will also be expected to carry out additional background checks into applicants’ histories, in particular if there is any record of domestic abuse or other violence that would render them unsuitable to have a shotgun licence.
Government support: Countryside Stewardship and grants
With Government plans for supporting sustainable farming remaining opaque, some comfort can be taken from the announcement in October that Countryside Stewardship Mid-Tier 2021 agreements due to end on 31 December 2025 will be extended by one year. The Government is still reviewing the Sustainable Farming Incentive and plans to ‘publish information on the next iteration…in due course.’ In other news, Defra has announced the awarding of Farming Equipment and Technology grants to 8000 successful applicants who have until 31 March 2026 to claim their payment.
Standish v Standish: the sharing principle
This recent divorce case that considered the difference between matrimonial and non-matrimonial assets, and the circumstances under which the latter morph into the former (the process of ‘matrimonialisation’), is of particular interest to farming families. The court ruled that once an asset becomes ‘matrimonialised’ it becomes subject to the sharing principle in a divorce, regardless of the asset owner’s original intention. This needs to be considered when gifting farming assets to children – even if the asset remains in one spouse’s name it doesn’t necessarily prevent it from becoming ‘matrimonialised.’ This case underlines the need for professional advice when reviewing wills, partnerships or other agreements affecting the long-term future of the farming business. It also makes a strong case for pre-nuptial agreements, which although not legally binding, are generally taken into account, making them a valuable tool for protecting farming assets.
Food, Farming and Sustainability in Education
The first roundtable of its type was held in the Houses of Parliament in September at which various representatives of the food, farming and education sectors met to discuss how to incorporate food, farming and sustainability into the curriculum. The impetus for the initiative is to teach children the ‘full story of food; where it comes from, how it’s grown, and how to cook it.’ A key discussion was how to integrate the topic within other subjects including history, geography, biology and maths around the themes of reconnection, regeneration, and resilience.
Supermarkets backing British producers
M&S launched its ‘Plan for Farming’ in September, a five-year commitment to British farming in which it outlines its direct support for farmers, including lending its lobbying weight to call for government action to help farmers meet the challenges they face, and to increase the proportion of food eaten in Britain that is UK-grown. Separately, Waitrose announced that from 2027 all its own-label pork would be free-range and British and that it is committed to supporting ‘more than 2000 of its British farmers to move to nature-friendly practices’, including investing £7m in sustainable farming initiatives.
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