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Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1977

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N.I.

Statutory Instruments

1977 No. 1245 (N.I. 12)

Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1977

[26th July 1977]

Title and commencementN.I.

1.  This Order may be cited as the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1977 … Commencement

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “the Department” means the Department of Agriculture.

Art. 3 rep. by 1984 NI 2

Art. 4 rep. by 2004 NI 7

Art.5 adds s.9(4) to 1949 c.2 (NI)

Art. 6 rep. by 1984 NI 2

Forest parks and forest recreation areasN.I.

7.  F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Issue of licences for, and disclosure of returns regarding, slaughter-housesN.I.

8.  Para.(1) substitutes s.1(3)(a) of 1953 c.21 (NI)

(2) An individual return or part of a return made under subsection (1) of section 5 of the said Act of 1953F2 may be disclosed to a Department of the Government of Northern Ireland or of the United Kingdom and accordingly … residue amends s.5 of 1953 c.21 (NI)

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Art.9(1) inserts s.5A in 1953 c.21 (NI); para.(2) repeals 1965 c.21 (NI)

Arts. 10‐13 rep. by 1981 NI 22

Art. 14 rep. by 1978 NI 9

Art.15 amends ss.1, 3, 13, 15, 22 and repeals ss.1(2)(3), 9(1)(b), 22(pt.) of 1962 c.13 (NI)

Confiscation of potatoes being exported in contravention of Marketing of Potatoes Act (Northern Ireland) 1964N.I.

16.—(1) Where potatoes which are suspected of being sent out of Northern Ireland in contravention of any provision of the Marketing of Potatoes Act (Northern Ireland) 1964 [1964 c.8] or regulations made thereunder or in breach of any condition of a licence or permit issued under that Act are seized and detained in custody under section 6(1) of that Act the potatoes may be sold and where a person is subsequently convicted in respect of such contravention or breach the potatoes or the proceeds of their sale shall be forfeited and become the property of the Department.

Para.(2) amends s.6 of 1964 c.8 (NI)

Contribution payable on pigs sold to Pigs Marketing Board and charge for report and accounts of Northern Ireland Pig Production Development CommitteeN.I.

17.  F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendment of Livestock Marketing Commission Act (Northern Ireland) 1967N.I.

18.  Para.(1) inserts s.5A in 1967 c.21 (NI)

(2) The said Act of 1967 shall cease to apply to pigs and accordingly … residue repeals ss.4 (pt.), 11(pt.) of 1967 c.21 (NI)

Para.(3) amends sch. to 1967 c.21 (NI)

Art.19 repeals s.16(pt.) of 1972 c.5 (NI)

Adaptation of enactments to metric unitsN.I.

20.—(1) The Department may by regulations subject to negative resolution amend any enactment to which this Article applies—

(a)by substituting an amount, quantity or rate expressed in metric units for an amount, quantity or rate not so expressed; or

(b)by substituting an expression which is compatible with the use of metric units for an expression that has reference to a non-metric unit (for example “acreage”).

(2) This Article applies to the following enactments, that is to say—

(a)the provisions of the Acts mentioned in Schedule 1 which are specified in the third column of that Schedule;

(b)any other provision contained in an enactment (whenever passed), being a provision whose subject-matter is akin to that of any of the provisions so specified.

(3) Any amendment made in an enactment by regulations under this Article shall be such as to preserve the effect of the enactment except to such extent as in the opinion of the Department is necessary to obtain amounts, quantities or rates expressed in convenient and suitable terms.

(4) Before making any regulations under this Article the Department shall consult such organisations as appear to it appropriate as representing any interests concerned.

(5) Regulations under this Article may contain such incidental, supplemental and consequential provisions as the Department considers expedient.

(6) In this Article “enactment” means any provision of a public general Act, of a local, private or personal Act, of a provisional order confirmed by an Act, of a Measure of the Northern Ireland Assembly, or of any Order in Council, order or warrant (other than an Order made or a warrant issued by a court), scheme, rule, regulation or bye-law made or having effect under an Act.

Increase of finesN.I.

21.—(1) The enactments specified in column 1 of Schedule 2 (being enactments creating offences broadly described in column 2 of that Schedule) shall each have effect as if the maximum fine which may be imposed on summary conviction for any offence specified in that enactment were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule.

(2) Nothing in this Article shall affect the amount of the fine which may be imposed on conviction of an offence committed before the coming into force of this Article.

Art.22, with Schedule 3, effects repeals

SCHEDULES

Article 20.

SCHEDULE 1N.I.METRICATION: ENACTMENTS REFERRED TO IN ARTICLE 20

ChapterTitleProvisions
1949 c.2 (N.I.)The Agriculture Act (Northern Ireland) 1949.Section 43(1).
F4. . . F4. . . F4. . .
1952 c.5 (N.I.)The Foyle Fisheries Act (Northern Ireland) 1952.Section 37(1).
Section 38(1).
Schedule 2, Annex para.4.
1953 c.2 (N.I.)The Forestry Act (Northern Ireland) 1953.F4. . .
F4. . .
F4. . .
F4. . .
Section 9(3)( a).
Section 11(1).
Section 12(1)( b).
Section 12(2).
1954 c.31 (N.I.)The Agriculture (Temporary Assistance) Act (Northern Ireland) 1954.Section 2(1)( b).
1957 c.27 (N.I.)The Marketing of Eggs Act (Northern Ireland) 1957.Section 13A.
F5. . . F5. . . F5. . .
1965 c.22 (N.I.)The Seeds Act (Northern Ireland) 1965.Section 2(2)( f)( i)
1966 c.17 (N.I.)The Fisheries Act (Northern Ireland) 1966.Section 51(2).
Section 52(2).
Section 56(1).
Section 59(1)( b).
Section 67(1).
Section 68(1).
Section 69(1).
Section 72(1)( b).
Section 78(1).
Section 79(1).
Section 79(3)( a).
Section 81(1)( d).
Section 85(1)( d).
Section 86(1).
Section 100(1).
Section 120(5).
Section 156(1)( a).
Section 157(1).
Section 163(1).
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Article 21.

SCHEDULE 2N.I.INCREASE OF FINES FIXED BY ENACTMENTS

The increased fines are noted at the relevant enactmentsN.I.

N.I.

Schedule 3 — Repeals

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