Agriculture Act 1970

37 Interpretation of Part III. E+W

(1) In this Part of this Act, except in so far as the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• “existing smallholding” means a unit of land which, being held by a smallholdings authority or (as the case may be) by the Minister for the purposes of smallholdings, is for the time being let as a smallholding (whether under this Act or under the previous enactments relating to smallholdings) or, if it is not for the time being in use, was so let when it was last in use;

• “the Minister" (subject to section 62 of this Act) means the Minister of Agriculture, Fisheries and Food;

• “the Ministers” means the Minister and the Secretary of State for Wales and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly;

• “smallholdings estate”, in relation to anything falling to be done by a smallholdings authority, means the aggregate of the land which is for the time being held by the authority for the purposes of smallholdings;

• “the previous enactments relating to smallholdings” means any of the following, that is to say, the Small Holdings and Allotments Acts 1908 to 1931 and Part IV of the M1 Agriculture Act 1947;

• “working capital”, in relation to a smallholding, includes any sum paid or payable by an incoming tenant (whether to the landlord or to the outgoing tenant) in respect of compensation paid or payable to an outgoing tenant.

(2) In this Part of this Act—

(a) any reference to land held by a smallholdings authority for the purposes of smallholdings shall be construed as including a reference to any land in which an interest is so held by the authority, other than a right to take possession arising under the provisions of the Small Holdings and Allotments Acts 1908 to 1931;

(b) any reference to smallholdings provided by a smallholdings authority is a reference to any land which is for the time being held by the authority for the purposes of smallholdings and let as a smallholding whether under this Part of this Act or under the previous enactments relating to smallholdings;

(c) any reference to the purposes of smallholdings, in relation to any time before the commencement of this Part of this Act, shall be ued as a reference to the purposes which were the purposes of smallholdings in accordance with Part IV of the M2 Agriculture Act 1947.

(3) Any reference in this Part of this Act to the creation of a new smallholding shall be construed as a reference to any letting of land by a smallholdings authority or by the Minister where—

(a) the land is for the time being held by the authority or the Minister for the purposes of smallholdings and the letting is a letting of the land as a smallholding;

(b) immediately before it is so let, the land or part of it is being used (or, if it is not then in use, is land which was last used) otherwise than as land held and let as mentioned in the preceding paragraph; and

(c) the land so let is not a holding resulting from such an enlargement or amalgamation as is mentioned in section 40(2)(a) of this Act or resulting from a similar enlargement or amalgamation effected by the Minister.

(4) Subsections (1), (3) and (5) of section 109 of the Agriculture Act 1947 (interpretation) shall have effect for the purposes of this Part of this Act as they have effect for the purposes of that Act.

(5) It is hereby declared that the provisions of sections 46 and 47 of this Act with respect to the powers of smallholdings authorities relate only to their capacity as corporations; and nothing in those provisions shall be construed as authorising, on the part of any smallholdings authority, any act or omission which apart from those provisions would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the authority as a corporation.

Modifications etc. (not altering text)

C1 Certain functions of Minister of Agriculture, Fisheries and Food under Pt. III now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S.I. 1978/272, art. 2, Sch. 1

Marginal Citations

M1 1947 c. 48.

M2 1947 c. 48.