can a council ignore an act of parliament

[compie]

my local council say they can make rules that over rule the allotment act of 1950 i thought only a new act of parliament could over rule it

[fredpuli47]

In what way, do you say, is the council purporting to overrule the Act?

[compie]

they say as its there land they do have to take any notice of the allotments act 1950

[cassa333]

Unfortunately I don't know the 1950 allotment act.

However I would have thought that at the very least they would have to abide by terms and conditions of the agreements given to all allotment holders.

Is there an allotment association that you all belong to?

What spacificly does the council say they don't have to abide by?

[compie]

they say we are not allowed hens on our allotments as we signed to say we could not keep livestock .
here is the section from the allotment act 1950

12 Abolition of contractual restrictions on keeping hens and rabbits

(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:

Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

[cassa333]

Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land

I think this says it all.

The law may have changed but your lease/tenancy overides this.

The law doesn't say you CAN keep live stock it says you can IF your tenancy/lease allows it.

Before the law said you CANNOT keep animals regardless of a lease now it simply means you can if you are given permission.

If I am wrong someone will come along and put us right.

[compie]

sorry but notwithstanding means regardless of or inspite of so means they can not

[jno]

on the face of it, I think you're right, compie. Are you sure they're not claiming health or nuisance?

[jackthehat]

<Unless it says any different anywhere else> it shall be lawful for the occupier of any land to keep, <unless it is a commercial enterprise>, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
<Whatever may be allowed, any such livestock may not be kept> in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

[compie]

yes jno they say they still class chickens as livestock what ever the act say and and i have all ready checked they cannot refuse on health or nuisance ground before there is a problem

[jno]

jack, doesn't 'notwithstanding' mean 'regardless of' rather than 'unless'?

[compie]

well all dictionaries agree with us its regardless or inspite of

[jackthehat]

Perhaps this *would* be better;
<Even if it says any different anywhere else> it shall be lawful for the occupier of any land to keep, <unless it is a commercial enterprise>, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
<Whatever may be allowed, any such livestock may not be kept> in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

[jno]

yes, that's how I read it, jack. I think compie has a case. There aren't a lot of circumstances where you can overrule parliament.

[compie]

only a new act of parliament can over rule but i cant afford legal fees to fight them

[hc4361]

Provided the plot is used mainly for growing


vegetables and fruit, plotholders are allowed to
keep hens (but not cockerels) and rabbits on


their allotment, <b> although this can be restricted by
local by-laws. </b> You should contact your allotment
provider in the first instance if you wish to keep
livestock or bees. Any plotholder wishing to keep
animals should expect the allotment provider
to

carry out spot checks, with or without notice,
on livestock and their welfare conditions.

http://www.farmgarden...dition-available.html

[hc4361]

So it is clear that by laws exist allowing councils to make the rules re livestock on their allotments. And rightly so.

[jackthehat]

compie - which camp are you in ?
Do you keep or wish to keep livestock, or are you against it ?

[compie]

sorry hc4361 council have all ready admitted bye-laws cannot over rule an act of parliament and rightly so or councils would be able to bring back the death penalty lol

[compie]

i want to keep them i did on the same allotment 20 years ago but now they say no

[jno]

compie says that the council are claiming their contract overrules the law, but the section of the act cited says it can't. It doesn't say anything about bylaws (perhaps they are mentioned elsewhwere in the act?)