2 ‘Farm Business’
3.05 The 1995 Act adopted an innovatory approach to defining a ‘farm business tenancy’, and the farm business tenancy – as a mode of tenure – has a potentially very wide application.
It retains the definition of ‘agriculture’ used in previous agricultural holdings legislation (with minor amendments),14 but eschews a detailed definition of the farm businesses to which the 1995 Act will apply. Some legislative initiatives on diversification have attempted a definition of ‘farm business’, particularly for the purpose of targeting financial subventions. For example, the Farm Diversification Grant Scheme 198715 and the Farm Non Capital Grant Scheme 198816 both defined qualifying farm businesses by reference to a list of activities which included inter alia farm based industry (food processing, manufacture of craft items etc.), farm shops, farm accommodation, the provision of recreational and sports facilities and the provision of livery.3.06 The 1995 Act adopted a more flexible – and radical – approach. No definition of ‘farm business’ is attempted. Instead any business can be carried out within a farm business tenancy, as long as some agricultural user is maintained on the holding – and provided the notice provisions (discussed below) are used to create the tenancy in the appropriate manner. This wider approach has the merit of considerable flexibility. It would be impossible to anticipate all potential business uses to which land or buildings might be put within a diversified enterprise, and potentially any business can qualify.