Agriculture Act 1967

Part V Miscellaneous U.K.

63 Financial assistance for certain bodies making agricultural loans E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 63(1) repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

F2 S. 63(2) repealed by Agriculture and Forestry (Financial Provisions) Act 1991 (c. 33, SIF 2:2), s. 1, Sch., Pt.III

64 Grants towards fulfilling guarantees of bank loans to agriculture or horticulture businesses. U.K.

(1) Section 9 of the M1 Agriculture and Horticulture Act 1964 (grants towards fulfilling guarantees of bank loans to horticulture businesses) shall not apply in relation to any guarantee given after 31st March 1966 (but the provisions of this section shall apply in relation to such guarantees).

(2) The Minister may, in such manner and subject to such conditions as he may with the approval of the Treasury determine, make a grant to any person in respect of expenditure incurred by that person in fulfilling a guarantee given by him as security for a loan made in the course of a banking business to a person requiring the loan for the purposes of an agriculture or horticulture business carried on by him, where—

(a) the guarantee was given during the period of three years beginning on 1st April 1966, or

(b) the guarantee was given in the year ending on 31st March 1966 and the grant could not be given under the said section 9 of that Act of 1964 and is given after the end of the said year.

(3) The aggregate of sums paid by way of grant under this section or the said section 9 of the Act of 1964 in the year ending on 31st March 1967 shall be subject to a limit of three hundred thousand pounds increased, where the aggregate—

(a) of sums paid by way of grant under the said section 9 of the Act of 1964 at any time before the end of the last preceding year, together with

(b) sums paid out of money provided by Parliament by the Minister by way of grant before the coming into force of this section in respect of expenditure incurred in fulfilling guarantees given as security for loans made in the course of a banking business to persons requiring the loans for the purposes of a business which is an agriculture or horticulture business, as defined by this section but not a horticulture business as defined in the said section 9 of the Act of 1964,

fell short of four hundred thousand pounds, by the amount of the difference.

(4) The aggregate of sums paid by way of grant under this section or the said section 9 of the Act of 1964 in the year ending on 31st March 1968 or in any subsequent year shall be subject to a limit of three hundred thousand pounds increased, where the aggregate of sums so paid in the last preceding year falls short of the limit for that year (whether it be the limit under this or the last foregoing subsection), by the amount of the difference or six hundred thousand pounds, whichever is the less.

(5) Subsection (2) of the said section 9 of the Act of 1964 (which imposes limits on grants under that section) shall not apply to grants made after 31st March 1966.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(7) The Minister may from time to time, by order made by statutory instrument with the approval of the Treasury, extend or further extend the period mentioned in subsection (2)(a) above by such additional period, not exceeding five years, as may be specified in the order; but an order under this subsection shall be of no effect unless laid before and approved by resolution of the Commons House of Parliament.

(8) In this section—

• “agriculture or horticulture business” means either—

(a) a business which consists, or so much of a larger business as consists, of the producing in the United Kingdom of agricultural or horticultural produce for sale or of the producing in the United Kingdom of agricultural or horticultural produce for sale and its storage, preparation for market or transport, or

(b) the activities of any co-operative association so far as they consist of assisting members in the production in the United Kingdom of agricultural or horticultural produce for sale by the provision of buildings, equipment, facilities or services required in connection therewith, or

(c) a co-operative marketing business;

• “agricultural or horticultural produce” means anything (whether live or dead) produced in the course of agriculture and without prejudice to the generality of that definition the expression “agricultural or horticultural produce” shall include all horticultural produce as defined in section 8(1) of the M2 Horticulture Act 1960;

• “co-operative marketing business” means a business carried on by a co-operative association and consisting of, or so much of a larger business so carried on as consists of, the storage, preparation for market or marketing, for the sole or primary purpose of assisting members engaged in the production in the United Kingdom of agricultural or horticultural produce for sale, of agricultural or horticultural produce produced by members of the association;

• “co-operative association” means—

(a) a registered society as defined in section 74 of the M3 Industrial and Provident Societies Act 1965 or a society registered under the Industrial and Provident Societies Acts (Northern Ireland) 1893 to 1963, or

(b) any body which (whether incorporated or not) has a written constitution from which the Minister is satisfied, having regard to any provision as to the manner in which profits of the body are to be applied for the benefit of its members and all other relevant provisions, that the body is in substance a co-operative association;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “year” means a period of twelve calendar months.

[F4 (8A) For the purposes of the definitions in subsection (8) above of “co-operative marketing business" and “co-operative association", the members of a co-operative association shall be deemed to include the members of any other co-operative association which—

(a) is a member of the first mentioned association, or

(b) is deemed to be such a member by virtue of paragraph (a) above or this paragraph.]

(9) This section extends to Northern Ireland.

Textual Amendments

F3 Ss. 64(6), 65(5) repealed by European Communities Act 1972 (c. 68), Sch. 3 Pt. IV

F4 S. 64(8A) inserted by Agriculture (Amendment) Act 1984 (c. 20, SIF 2:1), s. 1

Modifications etc. (not altering text)

C1 S. 64(2)(a) amended by extension of period mentioned for a further additional period of 5 years beginning on 1.4.1984 by S.I. 1984/275, art. 2

C2 S. 64(2)(a) amended with the extension of period mentioned for additional five years by S.I. 1979/323

Marginal Citations

M1 1964 c. 28.

M2 1960 c. 22.

M3 1965 c. 12.

65 Grants for keeping farm business records. U.K.

(1) With a view to encouraging the keeping of records which will enable persons carrying on any farm business to reach sound decisions on the management of the business, the appropriate Minister may with the approval of the Treasury make to any such person grants out of money provided by Parliament for the keeping to the satisfaction of the appropriate Minister of records of the business containing such information provided in such form as the appropriate Minister may specify, and subject to compliance with conditions laid down by the appropriate Minister.

(2) Grants under this section shall be in respect of periods of twelve months, or approximately twelve months, and not more than three grants shall be paid to any one person; and for the purposes of this subsection a partnership, a body of trustees or the personal representatives of a deceased person shall be treated as being a single and continuing body of persons distinct from the persons who may from time to time be partners, trustees or personal representatives.

(3) The appropriate Minister may select the cases for payment of grant under this section in such manner as he thinks fit, and—

(a) may operate this section within a selected area in England or Wales or Scotland or Northern Ireland as the case may be,

(b) may restrict its operation to selected classes or descriptions of farm business, and

(c) may require the records to be kept by persons of such descriptions as he may determine.

(4) An application for grant under this section shall be made before the beginning of the period for which grant is to be made, and no such application shall be made more than five years after the coming into force of this section, but the appropriate Minister may from time to time by order contained in a statutory instrument, of which a draft has been laid before and approved by the Commons House of Parliament, extend or further extend the said period of five years by such additional period, not exceeding five years, as may be specified in the order.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(6) In this section “farm business” means a trade or business consisting in, or such part of any trade or business as consists in, the carrying out of agricultural operations on land comprised in the business.

(7) Where before the coming into force of this section the appropriate Minister, with a view to making a grant out of money provided by Parliament for purposes corresponding to the purposes of this section, has approved any arrangements which might have been the subject of an application under this section if then in force, any grant payable in accordance with the arrangements after the coming into force of this section shall be paid out of money provided by Parliament.

(8) This section extends to Northern Ireland.

Textual Amendments

F5 Ss. 64(6), 65(5) repealed by European Communities Act 1972 (c. 68), Sch. 3 Pt. IV

Modifications etc. (not altering text)

C3 S. 65: Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5) Sch. (with art. 3)

66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 S. 66 repealed by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 6

67 Sick pay for agricultural workers. E+W+S

(1) The minimum rates of wages for workers employed in agriculture which the Agricultural Wages Board has power to fix under section 3(1)(a) of the M4 Agricultural Wages Act 1948 may include minimum rates of wages for periods when a worker so employed is absent in consequence of sickness or injury, and may include them notwithstanding that under the contract of employment no remuneration is payable in respect of any such period.

(2) In section 3(7) of the said Act, and paragraph 5 of Schedule 4 to that Act (which authorise—

(a) the fixing of a minimum rate of wages so that remuneration received is calculated by reference to periods during the currency of employment, and

(b) alternative provisions applying according to different circumstances arising during the currency of employment)

references to currency of employment shall, in accordance with subsection (1) of this section, include periods of sickness or injury.

(3) An order of the Agricultural Wages Board which fixes minimum rates of wages for periods when a worker is absent in consequence of sickness or injury—

(a) may treat a period of sickness or injury as being during the currency of employment notwithstanding that the contract of employment has terminated, but not where the contract of employment is terminated by notice given before the commencement of the sickness or the occurrence of the injury,

(b) may limit the period or periods for which a minimum rate of wages is so fixed in any way, and in particular may relate the period or periods to the duration of the period for which the worker has worked for the employer,

(c) may make the right to the minimum rate of wages depend on compliance by the worker with any conditions, including in particular conditions as to the production of a medical certificate or other evidence of incapacity for work due to sickness or injury,

(d) may provide for the times at which, and conditions subject to which, the right to receive wages at the minimum rate is to accrue, and the wages are to become payable,

(e) may provide for account to be taken, in arriving at the minimum rate of wages, of any benefits [F7 payable under Parts II to V of the Social Security Contributions and Benefits Act 1992][F8 or Part II of the M5 Social Security Pensions Act 1975].

(4) Subsection (1) of this section shall not alter the construction of any order made under the said Act before the passing of this Act.

(5) Section 17 of the said Act shall apply for the interpretation of this section.

(6) In the application of this section to Scotland—

(a) any reference to the Agricultural Wages Board shall be construed as a reference to the Scottish Agricultural Wages Board;

(b) any reference to the M6 Agricultural Wages Act 1948 shall be construed as a reference to the M7 Agricultural Wages (Scotland) Act 1949; and

(c) any reference to paragraph 5 of Schedule 4 to the said Act of 1948 shall be construed as a reference to paragraph 5 of Schedule 3 to the said Act of 1949.

Textual Amendments

F7 Words in s. 67(3)(e) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 4

F8 Words inserted by Social Security Pensions Act 1975 (c. 60), Sch. 4 Pt. I para. 10

Modifications etc. (not altering text)

C4 S. 67 restricted (1.4.1999) by 1949 c. 30, s. 3(14)(b) (as inserted (1.4.1999)) by 1998 c. 39, s. 47, Sch. 2 Pt. II para. 12(3) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3)

S. 67: power to amend conferred (1.4.1999) by 1998 c. 39, s. 47(2)(c)(3) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3)

Marginal Citations

M4 1948 c. 47.

M5 1975 c. 60.

M6 1948 c. 47.

M7 1949 c. 30.

68 Application of capital money in payment of improvement rentcharges. E+W+S

Section 73(1)(xiii) of the M8 Settled Land Act 1925 (under which capital money arising under that Act may be applied in the redemption of improvement rentcharges) shall, in its application to any charge created under the M9 Improvement of Land Act 1864 in respect of an improvement benefiting agricultural land, F9 . . . have effect as if the reference to redemption included a reference to discharging as it falls due so much of any periodical payment as represents repayment of capital.

Textual Amendments

F9 Words in s. 68 repealed by Agricultural and Forestry (Financial Provisions) Act 1991 (c. 33, SIF 2:2), s. 1, Sch., Pt.II

Marginal Citations

M8 1925 c. 18.

M9 1864 c. 114.

69 False statements to obtain grants, etc. U.K.

(1) If any person, for the purpose of obtaining for himself or any other person—

(a) any grant under this Act, . . . F10

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(c)-(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

or for the purpose of inducing the appropriate Minister or a Rural Development Board to make a loan or guarantee under section 28 or section 47 of this Act, knowingly or recklessly makes a false statement he shall be liable—

(i) on summary conviction to a fine not exceeding [F13 level 3 on the standard scale] or imprisonment for a term not exceeding three months or both.

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(2) This section extends to Northern Ireland.

Textual Amendments

F10 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II

F11 S. 69(1)(b) repealed by Agriculture Act 1970 (c. 40), ss. 29(6)(7), 113(3), Sch. 5 Pt. I

F12 S. 69(c)–(e) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II

F13 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6

F14 S. 69(1)(ii) repealed by Theft Act 1968 (c. 60), Sch. 3 Pt. I and Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3 Pt. I

70 Guaranteed prices: minor amendments as respects powers of entry and offences. U.K.

(1) In the application in Northern Ireland of section 5(1)(d) of the M10 Agriculture Act 1957 (powers of entry in connection with guaranteed prices) and any order made thereunder before the coming into force of this section, references to authorised officers of the Minister shall include references to authorised officers of [F15 the Department of Agriculture for Northern Ireland].

(2) In section 7(3)(b) of that Act (penalty for altering, cincealing or defacing a mark applied to produce) the word “removes" shall be added before the words “alters, conceals or defaces".

(3) This section extends to Northern Ireland.

Textual Amendments

F15 Words substituted by virtue of Northern Ireland Constitution Act 1973 (c.36), Sch. 5 para.8(1)

Modifications etc. (not altering text)

C5 The text of s. 70(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M10 1957 c. 57.