Friday 16 December 2011

Allotments No 20 - Law and Allotments - No 2 Consolidation of Statutes

Law of Allotments - Consolidation of Statutes
From time to time the parliamentary lawyers and others dust off the rolls, scrolls, books and codes concerning a particular group and set about consolidating or reforming (or both) their law. [The latest seems to be charities with the Charities Act 2012 which had Royal Assent this week on 14th December 2012.]   

The law of allotments is in a similar or worse higgle-piggle! It is not, as far as is known, on a parliamentary front-burner for consolidation or reform. 

Local Authority Allotments:  A warning needs to be given by me! It seems that the legislation applies only (or almost only) to allotments on the land belonging to local authorities. The exception may be allotments on Crown land - but I need to explore this point. The allotments on local authority land (and I am assuming Crown land) will be referred to as "statutory allotments" herein.

"Private" Allotments: If the above is the case (I assume it is) the following are governed by other principles of law, such as laws of charity, contract and tort:
  • community gardens;
  • short term allotments; and,
  • allotments provided by private individuals, garden centres, and companies.  
National Trust Allotments:  For the moment I am taking the 1,000 or more allotments owned by the National Trust as being within the Trust's governing constitution as a trust, and /or the National Trust Acts 1907 and 1971. Again, I need to explore this aspect.

Statutes for "Statutory" Allotments
A tentative list of allotment Acts is given below. In later Updates I will, hopefully, explore their significance. The legislation is as follows:
  • Magna Charters 1215 and 1217
  • Inclosure Act 1236 (Statute of Merton)
  • Quia Emtores 1290
  • Disafforetation, Sale and Improvement of Royal Forests Act 1653 Act
  • Poor Relief (Amendment) Act 1830  
  • Inclosure Acts 1760 to 1860
  • General Inclosure Acts 1836 and 1845
  • Allotments Act 1887
  • Smallholdings and Allotments Act 1908
  • Land Facilities Settlement Act 1919
  • Allotments Act 1922
  • Allotments Act 1925
  • Allotments Act 1950
It is likely that the Act of 1887 and those that follow it are the principal Acts for these posts. 

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