Agricultural Law - 2023 Virtual Conference

Introduction

This live virtual classroom conference chaired by Nerys Llewelyn Jones and with a panel of experts will discuss the latest topical issues in Agricultural Law.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10:00am-11:00am: Agricultural Tenancies Update

For the first time in several years there are some significant changes to the Agricultural Tenancies regime further to work carried out by TRIG which were implemented in the Agriculture Act 2020.

This session will consider the changes made and in particular, it will explore the implementing regulations on Landlord’s Consent or Variation of Terms and the Suitability Test for succession.

• Agriculture Act 2020 and Agricultural Tenancies - what did it change?
• Agricultural Holdings (Requests for Landlord’s Consent or Variation of Terms and the Suitability Test) (England) Regulations 2021
• New rules
• Procedures
• Decisions as to when to make applications
• Timeline
• Case law update

AM break

Public funding for farmers is increasingly focussed on natural capital and ecosystem services. There are private business opportunities as well for those who are willing to seek them out.

This session will explore:

• Carbon sequestration and emissions reduction
• Nutrient neutrality
• Biodiversity net gain
• Nature-based solutions to problems like flooding and public health

12:10pm -1:10pm: Tax Planning around Agricultural Property

Agricultural property is complex in legal understanding as well as being surrounded by very complex tax implications. All agricultural property advice, strategy and decisions needs integrated tax advice - the holistic approach to legal and tax agricultural considerations is essential. With the risk of increased CGT rates per the OTS report together with the possible loss of APR and BPR tax planning around lifetime transfers has to be on the radar.

This session will cover:

• Partnership property/non-partnership property
• Terms of the agricultural tenancy
• The tax risk of unused/derelict farm buildings
• The disadvantages of let property
• The use of main residence relief - the recent Philips and Heather Whyte cases
• Tax planning around deferred consideration of development arrangements
• Tax considerations around promotion agreement v option agreement
• Mixed rate SDLT on purchase of the smallholding and the recent case of How Developments
• Accelerating the timing of transactions to utilise the lower CGT rates
• Lifetime transfer considerations to maximise existing tax advantages

Break for lunch

Contract farming and share farming agreements are growing in popularity, the latter having been established for many years in places like New Zealand. They represent an opportunity for the next generation, a chance to expand or a way to ease into retirement without selling the farm.

This session will look at the way contract farming and share farming agreements are put together so that the advantages and pitfalls are better understood.

• What are contract and share farming agreements and how do they differ?
• Contract farming contract construction - drafting it right first time
• Understanding different types of share farming agreement - know what you are offering
• Pitfalls to avoid for the tenant farmer
• Case law

PM Break

We have begun the transition period but a transition to what? What will agricultural policy look like in the future and what do you need to be aware of now in terms of advising clients as to how to organise and structure their businesses and farming enterprises.

This session will cover:

• Agriculture Act 2020 where are we now?
• Environment Act 2021
• What support and funding is available in England and Wales?
• When will changes happen?
• How to advise farmers and landowners as changes happen during this transition?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.