Agriculture (Miscellaneous War Provisions) Act 1940

SCHEDULES

Section 1.

FIRST SCHEDULE Provisions of Wheat Acts in which references to accounting periods are to be substituted for references to cereal years

Act.	Provision.
The Wheat Act, 1932	Subsection (1) of section one.
	Subsection (1) of section two.
	Paragraph (b) of subsection (2) of section five.
	Subsection (6) of section ten.
The Wheat (Amendment) Act, 1939.	Subsection (4) of section three.

Section 3.

SECOND SCHEDULE Amendments of the Wheat (Amendment) Act, 1939, consequential on suspension oe quota payments

1 Any reference in section thirteen of the Wheat (Amendment) Act, 1939 (which relates to repayments and allowances in case of exported goods) to the amount of the quota payments which would accrue due on a delivery or importation of goods or materials on the day on which an exportation or shipment takes place shall, in relation to an exportation or shipment which takes place during the period of suspension be construed as a reference to the amounts of the quota payments which would have accrued due on a delivery or importation of the goods or materials immediately before the commencement of that period.

2 Any order in force under section fourteen of the said Act shall cease to have effect at the beginning of the period of suspension.

3 Any byelaws made by virtue of subsection (2) of section seventeen of the said Act shall, unless and except to the extent that they otherwise provide, continue to have effect during the period of suspension.

4 Subsections (2) and (3) of section nineteen of the said Act (which relate to customs entries) shall not have effect as respects goods imported during the period of suspension.

5 Subsection (1) of section twenty-six of the said Act (which relates to the effect upon contracts of a reimposition of quota payments) shall have effect as if liability to make quota payments had been reimposed at the end of the period of suspension by virtue of an order under the Wheat Acts.

Section 9.

THIRD SCHEDULE Temporary Amendments of Agricultural Development Act, 1939, consequential on Rye Subsidy

1 Section three of the Act of 1939 (which relates to mixed crops) shall have effect subject to the following amendments :—

(i) for subsection (1) there shall be substituted the following two subsections—

“(1) Subject to the provisions of this section, for the purpose of any provision of this Act which relates to land being under oats at a particular time—

(a) land on which there was growing at that time two or all of the crops to which this paragraph applies, intermixed with one another but not intermixed with any other crop, shall be treated as land which was under oats at that time;

(b) land on which there was growing at that time one or more of the crops to which paragraph (a) of this subsection applies, intermixed with any crop or crops to which that paragraph does not apply, shall be treated as being under oats at that time in such cases as may be determined in accordance with regulations made by the Ministers.

(1A) The crops to which paragraph (a) of the preceding subsection applies are crops of oats, crops of rye and crops of barley.”

(ii) in subsection (2) the words " or (c) " shall be omitted;

(iii) in subsection (3) after the word " Ministers " there shall be inserted the words " be disregarded or ".

2 Section four of the said Act (which relates to negligent cultivation) shall have effect as if a reference to a crop of oats included a reference to a crop of rye.

3 Section six of the said Act (which relates to changes in the occupation of farms) shall have effect as if any reference to harvesting or receiving payment for oats included a reference to harvesting or receiving payment for any crop by virtue whereof the land is to be treated as being under oats on the fourth day of June in the year in question.

Section 13.

FOURTH SCHEDULE Provisions of Agricultural Development Act, 1939, Repealed

Provision.	Extent of Repeal.
Section one	In subsection (1) the words from " following rate " to " the higher," and the words from "or (b) " to the end of the subsection ; and subsection (2).
Section two	In subsection (1) the word " higher " and the words from " and (b) " to the end of the subsection; and subsection (2).
Section three	In subsection (3) the words " whether at the higher rate or at the lower rate ".
Section five	In subsection (2) the words from "or an election " to " payments ".
Section six	The words " or land under wheat " and the words " or wheat "; in paragraph (a) the words from " any election " to " year, or"; paragraph (b); and the words " one or ".
Section seven	The whole section.
Section thirteen	The proviso to subsection (4).
Section fourteen	Subsection (3).
Section thirty-eight.	In subsection (1) the definition of " wheat deficiency payments ".
Section thirty-nine	In paragraph (b) the words " or land under wheat " and the words " or wheat ".
First Schedule	In paragraph 2, the words " at the higher rate ".

Section 14.

FIFTH SCHEDULE Provisions as to certain drainage schemes

1 Every scheme shall set out—

(a) the area of the land to be drained in pursuance of the scheme;

(b) a description of the works proposed to be executed in pursuance of the scheme;

(c) the estimated cost of preparing and carrying out the scheme;

(d) the amount of any grant which will, if the scheme is approved by the Minister, be made by him to the Catchment Board by whom the scheme was prepared (hereafter in this Schedule referred to as " the Board") towards the expenditure incurred by the Board in preparing and carrying out the scheme; and

(e) the basis of apportionment, as between the lands comprised in the area of the scheme, of the net cost of the scheme.

2 The Board shall give to the owners and occupiers of the land comprised in the area of the scheme notice of the making of the draft of the scheme, of the place where it can be inspected and of the time (which shall not be less than twenty-one days from the date of the notice) within which objections thereto may be made to the Board.

3 After considering any objections duly made to the draft of a scheme and making any modifications therein which they think expedient having regard to any such objection, the Board may submit the scheme to the Minister for his approval.

4 After considering any such objections which have not been withdrawn and making any modifications in the scheme as submitted to him which he thinks expedient having regard to any such objection, the Minister may approve the scheme.

5 No land shall be included in the area of the scheme as approved by the Minister which was not included in the area of the scheme of which notice was given under paragraph 2 of this Schedule.

6 If the scheme is not approved by the Minister, no further proceedings shall be taken thereon by the Board.

7 If the scheme is approved by the Minister, the Board shall as soon as may be serve on the owners of land comprised in the area of the scheme a notice stating that the scheme has been approved, and every such notice shall contain a copy of the scheme.