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Agriculture Act 1970

Status:

This is the original version (as it was originally enacted).

Part VIIMiscellaneous provisions

99Agricultural tied cottages

(1)Section 33 of the Rent Act 1965 (which enables the court to suspend an order for possession of premises occupied by the tenant under a former tenancy within the meaning of Part III of that Act under the terms of his employment as a person employed in agriculture) shall have effect with the amendments specified in the subsequent provisions of this section; but section 36 of that Act (under which the said section 33 binds the Crown) shall not apply to the subsection added to the said section 33 by subsection (4) of this section.

(2)After subsection (3) of the said section 33 there shall be inserted the following subsection:—

(3A)Where the order for possession is made within the period of six months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the court under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the court shall suspend the execution of the order (on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable) for the remainder of the period of six months aforesaid unless the court—

(a)is satisfied either—

(i)that other suitable accommodation is, or

will within that period be made, available to the occupier ; or

(ii)that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or

(iii)that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period ; or

(iv)that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises ; and

(b)considers that it would be reasonable not to suspend the execution of the order for the remainder of that period;

but a decision of the court not to suspend the execution of the order under this subsection shall not prejudice any other power of the court to postpone the operation or suspend the execution of the order for the whole or part of the period of six months aforesaid.

(3)In subsection (5) of the said section 33 (which sets out the matters to which the court is to have regard in considering whether or how to exercise its powers under that section) for the words " powers under this section " there shall be substituted the words

powers under subsection (3) of this section.

(4)After subsection (6) of the said section 33 there shall be inserted the following subsection:—

(6A)Where, in the case of an order for possession of the premises to which subsection (3A) of this section applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the court that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was—

(a)attributable to the provisions of paragraph (a)(ii) of that subsection, and

(b)due to misrepresentation or concealment of material facts by the owner of the premises,

the court may order the owner to pay to the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.

100Further provisions as to recovery of possession of redundant farmhouses in England and Wales

Part II of Schedule 3 to the Rent Act 1968 (cases in which a court in England or Wales must order possession of a dwelling-house subject to a regulated tenancy) shall be amended by adding at the end—

Case 14 Where—

(a)the last occupier of the dwelling-house before the relevant date was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the Agriculture Act 1947, and

(b)the tenant is neither—

(i)a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor

(ii)a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and

(c)the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, and

(d)not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and

(e)the court is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture, and

(f)the proceedings for possession are commenced by the landlord before the expiry of five years from the date on which the occupier referred to in paragraph (a) above went out of occupation;

and for the purposes of this Case " employed " and " agriculture " have the same meanings as in the Agricultural Wages Act 1948 and " amalgamation " has the same meaning as in Part II of the Agriculture Act 1967.

101Further provisions as to recovery of possession of redundant farmhouses in Scotland

(1)This section shall have effect where a dwelling-house in Scotland is let on a regulated tenancy and the last occupier of the dwelling-house before the commencement of the regulated tenancy was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the Agriculture (Scotland) Act 1948.

(2)If—

(a)the conditions mentioned in subsection (3) of this section are satisfied, and

(b)apart from the Rent Acts the landlord would be entitled to recover possession of the dwelling-house, and

(c)the sheriff is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture,

the sheriff shall make an order for the possession of the dwelling-house whether or not he would have power to do so under section 3 of the Act of 1933, and section 5(2) of the Act of 1920 shall not apply in relation to the order.

(3)The said conditions are—

(a)that the tenant of the dwelling-house is neither—

(i)a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor

(ii)a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture ; and

(b)that the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the Agriculture Act 1967; and

(c)that not later than the date of commencement of the regulated tenancy, the tenant was given notice in writing that possession might be recovered under this section; and

(d)that the proceedings for possession are commenced by the landlord before the expiry of five years from the date on which the occupier referred to in subsection (1) of this section ceased to occupy the dwelling-house.

(4)In this section—

  • " the Rent Acts " means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939, or any of those Acts ;

  • " the Act of 1920" and " the Act of 1933 " mean respectively the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 and the Rent and Mortgage Interest Restrictions (Amendment) Act 1933 ;

  • " employed " and " agriculture " have the same meanings as in the Agricultural Wages (Scotland) Act 1949;

  • " landlord ", " tenant" and " tenancy " have the same meanings as in the Act of 1920 ;

  • " regulated tenancy " has the same meaning as in section 1(4) of the Rent Act 1965 ; and

  • " order for possession" means decree of removing or warrant of ejection or other like order.

102Registration of notices relating to conditions applied to Scottish cottages under Hill Farming Act 1946 s. 10

(1)Where conditions, applicable to a cottage in Scotland by virtue of regulations made under section 10 of the Hill Farming Act 1946, and specified in a notice recorded in the Register of Sasines under section 2(3) of the Hill Farming Act 1954, are amended by subsequent regulations made under the said section 10, the notice shall have effect as if for the conditions specified therein there were substituted the conditions as so amended.

(2)The Secretary of State shall record a notice in the Register of Sasines under the said section 2(3) stating that conditions no longer apply to a cottage only where the conditions have ceased to apply to the cottage by virtue of such a payment to the Secretary of State as is referred to in section 10(2) of the said Act of 1946; and accordingly the said section 2(3) shall have effect as if after the words " cease to apply to a cottage " there were inserted the words

by virtue of such a payment to the appropriate Minister as is referred to in section 10(2) of the Hill Farming Act 1946.

103National Agricultural Advisory Service

The Minister of Agriculture, Fisheries and Food may, instead of maintaining the National Agricultural Advisory Service provided for by section 1(1) of the Agriculture (Miscellaneous Provisions) Act 1944, give effect to the purposes for which that Service was established (which relate to the provision of advice and instruction on agricultural matters) through such other organisation as he may consider appropriate; and accordingly, the said section 1(1) shall be amended by substituting, for the words

shall, as from the appointed day, establish and maintain a National Agricultural Advisory Service, the words " shall make provision through such organisation as he considers appropriate ".

104Financing of agricultural training

(1)Subsections (2) and (3) of this section shall have effect as respects expenses incurred by the Agricultural, Horticultural and Forestry Industry Training Board established under section 1 of the Industrial Training Act 1964 so far as (those expenses are attributable to the exercise of that Board's functions in relation to activities in agriculture within the meaning of section 109(3) of the Agriculture Act 1947 or, as the case may be, section 86(3) of the Agriculture (Scotland) Act 1948 ; and those expenses so far as so attributable are hereafter in this section referred to as " relevant expenses ".

(2)Notwithstanding anything in section 4(1) of the said Act of 1964, any money towards meeting any relevant expenses incurred in respect of any period beginning on or after 1st September 1969 which, but for this section, would have fallen to be raised by a levy under that Act shall not be so raised, but—

(a)subject to subsection (5) of this section, the Secretary of State for Employment and Productivity shall from time to time certify an amount as being one required by the Board for meeting such expenses other than expenses by way of payment of interest on, or repayment of, any loan, and shall pay the amount so certified to the Board;

(b)the said Secretary of State shall also from time to time pay to the Board any amounts paid or payable by them by way of interest on, or repayment of, any loan made to them by a third party so far as so made for the purpose of defraying relevant expenses ; and

(c)the Minister of Agriculture, Fisheries and Food shall pay to the said Secretary of State—

(i)any amount certified by that Secretary of State under paragraph (a) of this subsection, and

(ii)any amounts certified by that Secretary of State either as payable by him by virtue of paragraph (b) of this subsection or as payable to him by way of interest on, or repayment of, any loan made by him so far as so made for the purpose of defraying relevant expenses.

(3)In consequence of the provisions of subsection (2) of this section, any proposal by the Board aforesaid under paragraph (b) of section 7(1) of the said Act of 1964 for the raising and collection of a levy shall not be made in relation to any relevant expenses, but the proposals submitted by that Board under paragraph (a) of the said section 7(1) for the exercise of the Board's functions referred to in that paragraph shall include an estimate of any relevant expenses which will be incurred in connection with those proposals.

(4)If—

(a)the Ministry of Agriculture for Northern Ireland submits to the Ministry of Finance for Northern Ireland proposals for the provision by the said Ministry of Agriculture of training in relation to activities in agriculture within the meaning of section 43(1) of the Agriculture Act (Northern Ireland) 1949 as being training which (after consultation with any organisation or association of organisations appearing to the said Ministry of Agriculture to be representative of substantial numbers of employers engaged in such activities in Northern Ireland and with any organisation or association of organisations so appearing to be representative of substantial numbers of persons employed in such activities in Northern Ireland) the said Ministry of Agriculture considers to be required ; and

(b)those proposals include an estimate of the expenditure which will be incurred in giving effect to them; and

(c)the said Ministry of Finance approves those proposals with the concurrence of the Ministers, then, subject to subsection (5) of this section, the Minister of Agriculture, Fisheries and Food shall pay into the Exchequer of Northern Ireland any amount from time to time certified by the said Ministry of Finance with the approval of the Ministers as being required for meeting expenses incurred on or after 1st April 1970 in giving effect to those proposals. In this subsection " the Ministers " means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales, the Secretary of State for Scotland and the Secretary of State concerned with agriculture in Northern Ireland.

(5)In the case of expenses to be incurred after 31st March 1971, any certificate of the Secretary of State under subsection (2)(a) of this section, and any approval of the Ministers under subsection (4) of this section to the certifying of any amount by the Ministry of Finance for Northern Ireland, shall be given before the expenses are incurred, and shall be so given by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

105Amendments of Diseases of Animals Act 1950

(1)Subsection (1) of section 24 of the Diseases of Animals Act 1950 (which enables a prohibition to be imposed on the landing of animals and things from any specified country whenever it is deemed expedient for the purpose of preventing the introduction of disease into Great Britain) shall be amended as follows:—

(a)the words " whenever he deems it expedient so to do " shall be omitted;

(b)for the words " from any specified country out of Great Britain " there shall be substituted the words

from any, or any specified, country out of Great Britain; and

(c)at the end there shall be added the words

and any such order may provide for exemptions from any such prohibition by means of licences, whether general or specific and whether conditional or unconditional, issued in accordance with the order;

and any order expressed to be made before the date of commencement of this subsection under the said section 24 or any enactment replaced thereby, so far as that order has not been revoked before that date, shall have effect as from that date as if made under the said section 24 as amended by this subsection.

(2)Section 9 of the Diseases of Animals Act 1950 (which contains powers for the treatment with serum or vaccine of any animal or bird which has been in contact with a diseased animal or bird or which has been in any way exposed to infection) shall be amended by the addition at the end of the words " or which is in an infected area ".

(3)The said section 9 as in force apart from this subsection shall be numbered as section 9(1), and at the end thereof there shall be added the following subsection:—

(2)The powers conferred by this section shall be construed as extending to the taking of any action which is requisite for enabling the appropriate treatment to be administered or which is otherwise required in connection with that treatment; and for the purpose of exercising those powers any officer of the Minister may, subject to production of his authority on demand, enter any land or premises taking with him such other persons, if any, as he considers requisite.

(4)Section 19(6) of the Diseases of Animals Act 1950 shall cease to have effect so far as it authorises the Minister of Agriculture, Fisheries and Food to withhold compensation or other payment in respect of an animal slaughtered at his direction where the owner or person having charge of the animal has, in the judgment of the Minister, been guilty of an offence against the Act in relation to that animal.

(5)Section 79 of the Diseases of Animals Act 1950 (penalties for offences against that Act) shall be amended as follows:—

(a)in subsection (1), as amended by Part I of Schedule 3 to the Criminal Justice Act 1967, for the references in paragraphs (a) and (c) to £200 (the normal maximum fine) there shall be substituted references to £400, and for the reference in paragraph (b) to £20 (the maximum fine per animal where the offence is committed with respect to more than ten) there shall be substituted a reference to £50 ; and

(b)in subsection (2) (imprisonment in lieu of fine on repetition of certain offences within twelve months), the words " within a period of twelve months " shall be omitted.

106Eradication of brucellosis

(1)The appropriate Minister may, in accordance with a scheme made by the appropriate authority with the consent of the Treasury, pay to the owner of any herd of cattle kept in the United Kingdom, or to any person concerned with the management of such a herd, such sums as that Minister thinks fit to expend in connection with the eradication of brucellosis, and may in particular, if the scheme so provides, pay any such sum by way of supplement to, and subject to any terms or conditions governing the payment of, any grant or subsidy payable under or by virtue of any enactment other than this section.

(2)A board constituted by any scheme relating to the marketing of milk and made under the Agricultural Marketing Act 1958 or any enactment of the Parliament of Northern Ireland shall, in accordance with any scheme in that behalf made by the appropriate authority with the consent of the Treasury, make to producers registered under the scheme constituting the board payments in connection with the eradication of brucellosis, being payments in respect of milk sold, or deemed for the purpose of any payments under the scheme constituting the board to have been produced, on or after 1st April 1970; and the sums from time to time required by such a board for the making of payments under this subsection shall be paid to the board by the appropriate Minister.

(3)Paragraph (c) of section 5 of the Diseases of Animals Act 1950 (under which the Minister may make orders prohibiting or regulating the movement of cattle into, out of or within any area which is for the time being an eradication area or an attested area) shall be amended by adding at the end of that paragraph the words

or, if the area is an eradication area or an attested area for purposes connected with the control of brucellosis, imposing with respect to cattle in that area such other prohibitions or requirements as he may consider necessary or desirable for the purpose of eradicating that disease.

(4)Any person who offers for sale, otherwise than for slaughter, any animal known to him to be a reactor to brucella abortus shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400, or, if the offence is committed with respect to more than ten animals, to a fine not exceeding £50 for each animal.

(5)Payments made by any Minister under subsection (1) or subsection (2) of this section shall be treated as production grants for the purposes of section 3 of the Agriculture Act 1957.

(6)Section 13(5) of the Agriculture Act 1967 (under which a levy scheme relating to the expenses of the Meat and Livestock Commission may not impose charges in respect of livestock slaughtered under the Diseases of Animals Act 1950 or any order or arrangements made thereunder) shall be amended by inserting at the end

or in accordance with any scheme under section 106 of the Agriculture Act 1970.

(7)Any person who knowingly or recklessly makes any false statement for the purpose of obtaining for himself or any other person any payment under a scheme under subsection (1) or (2) of this section shall be liable on summary conviction to a fine not exceeding £100 or imprisonment for a term not exceeding three months or both.

(8)Any of the following officers—

(a)in England and Wales, any officer of the Minister of Agriculture, Fisheries and Food authorised in writing by that Minister to exercise the powers conferred by this subsection;

(b)in Scotland, any officer of the Secretary of State or of the said Minister having the like authority of that Secretary of State, and

(c)in Northern Ireland, any officer within paragraph (a) above, and any officer of the Ministry of Agriculture for Northern Ireland having the like authority of that Ministry;

may, for the purpose of obtaining any information which he may consider necessary in connection with a scheme under subsection (1) or (2) of this section, enter upon any land or premises and there inspect any animal, apply any test or take any sample, and examine and take copies of or extracts from any document. The right of entry under this subsection may be exercised at any reasonable time, but only after production of the officer's authority if so required; and any person who obstructs or impedes an officer acting in the exercise of his powers under this subsection shall be liable on summary conviction to a fine not exceeding £20 in the case of a first offence, and, in the case of a second or subsequent offence, to a fine not exceeding £50 or imprisonment for a term not exceeding one month or both.

(9)In subsections (1) and (2) of this section—

  • " the appropriate Minister " means the Minister of Agriculture, Fisheries and Food or, in relation to herds kept in Scotland or sums required for making payments to producers in Scotland, the Secretary of State ; and

  • " the appropriate authority " means the Minister of Agriculture, Fisheries and Food or, for the purposes of a scheme relating to herds or producers in Wales (including Monmouthshire), that Minister and the Secretary of State acting jointly or, for the purposes of a scheme relating to herds or producers in Scotland, the Secretary of State.

(10)A scheme under subsection (1) or (2) of this section—

(a)may relate to herds or producers in one part only of the United Kingdom or (the appropriate authorities acting jointly for the purpose, if different) in two or more such parts;

(b)may be varied or revoked by a subsequent scheme under that subsection;

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

107Provision for improving marketing of home-grown maize

(1)Subsection (2) of this section shall have effect for the purpose of improving the marketing of maize grown in the United Kingdom.

(2)The Cereals Marketing Act 1965 shall have effect—

(a)as if—

(i)in section 6 of that Act (which for the purpose specified in section 1(1) of that Act, that is to say,

for the purpose of improving the marketing of homegrown cereals within the meaning of that Act, confers on the Home-Grown Cereals Authority certain non-trading functions with respect to the compilation and dissemination of information, the conducting of research or other experimental work and other matters); and

(ii)in section 7 of that Act (which for the purpose specified as aforesaid enables orders to confer additional non-trading functions on the said Authority), the reference in subsection (1) of the said section 6 or 7 to the purpose specified in section 1(1) of that Act included a reference to the purpose specified in subsection (1) of this section ; and

(b)as if, notwithstanding the provisions as to interpretation contained in section 24(2) and (3) of that Act, any reference in the said section 6 to cereals or to homegrown cereals included a reference to maize or, as the case may be, to maize grown in the United Kingdom;

but no order under the said section 7 shall confer on the Authority aforesaid for the purpose specified in subsection (1) of this section any functions which could not have been conferred on the Authority by such an order if every reference in Part I of that Act to cereals or to home-grown cereals had included a reference to maize or, as the case may be, to maize grown in the United Kingdom.

108Corn returns

(1)The Minister may with the approval of the Treasury, and after consultation with the Home-Grown Cereals Authority, by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament and which may be varied or revoked by a subsequent order under this subsection, authorise and require the discharge by that Authority instead of by the Minister of such functions of the Minister under the Corn Returns Act 1882 (other than his functions under section 14 of that Act with respect to the making of regulations) as may be specified in the order, subject to such restrictions or directions with respect to the discharge by the Authority of those functions as may be so specified; and while that order remains in force—

(a)the Cereals Marketing Act 1965 shall have effect as if the functions to which the order for the time being relates were included in the functions of the Authority under Part I of that Act; and

(b)if, in accordance with the order, the Authority are required to receive returns made in pursuance of the said Act of 1882, the persons required to make the returns shall make them to the Authority instead of to the Minister;

but nothing in any such order shall authorise the Authority to institute proceedings for an offence under the said Act of 1882 except in pursuance of a direction by the Minister.

(2)The contents of any return furnished to the Authority aforesaid by virtue of any functions of the Minister under the said Act of 1882 which they are required and authorised to discharge by an order under subsection (1) of this section shall not without the consent of the person furnishing the return be published or otherwise disclosed except—

(a)to a member of the Authority appointed by virtue of section 1(2)(a) of the said Act of 1965 or to an officer of the Authority duly authorised in that behalf; or

(b)to, or to an officer of, the Minister; or

(c)in the form of a summary of similar returns furnished by or obtained from a number of persons, being a summary so framed as not to enable particulars relating to any one person or undertaking to be ascertained from it; or

(d)with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to or arising out of the said Act of 1882 ;

and any person who publishes or otherwise discloses the contents of any return in contravention of this subsection shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.

(3)As from such date as the Minister may by order made by statutory instrument appoint, the said Act of 1882 shall have effect subject to the following amendments, being amendments as to the places from which, the persons by whom, and the matters in respect of which returns under that Act are to be made, namely—

(a)in section 4 (which, as amended by Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1943, provides for the making of returns from such towns as may be prescribed)—

(i)the words " under the direction of the Board of Trade " shall cease to have effect; and

(ii)for the word " towns " there shall be substituted the word

areas;

(b)for sections 5 and 6 (which relate to the weekly returns to be made under the said Act of 1882 and the persons by whom they are to be made) there shall be substituted the following section:— Weekly returns of purchases of British corn.

5Every person carrying on in an area for the time being prescribed under section 4 of this Act a business consisting of or including the buying of British corn by wholesale from the growers shall weekly at such times and in such manner as may be prescribed make to the Minister of Agriculture, Fisheries and Food or, in Scotland, to the Secretary of State a return in writing signed by that person specifying with respect to such period of seven days as may be prescribed the aggregate amount of each sort of British corn, if any, bought by that person from the growers and the aggregate purchase price thereof, and giving such additional particulars of the purchases comprised in the return as may be prescribed;

(c)in section 14, for the words from " refer " onwards there shall be substituted the words

make different provision for different circumstances;

(d)in section 18, in the definition of " British corn ", after the word " barley " in each place where it occurs there shall be inserted the words

rye, maize.

(4)In this section, the expression " the Minister " means, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State.

(5)In the application to Scotland of subsection (1) of this section, the words from " but nothing " to the end shall be omitted.

109Powers of Parliament of Northern Ireland as to injurious weeds

The limitations imposed by paragraph (7) of section 4(1) of the Government of Ireland Act 1920 precluding the Parliament of Northern Ireland from making laws in respect of trade with any place out of the part of Ireland within its jurisdiction shall not be construed so as to prevent that Parliament from making laws prohibiting or restricting the importation or removal into Northern Ireland of seeds of any weeds specified by or under an Act of that Parliament as being capable of causing injury to agriculture in Northern Ireland or of plants or parts of plants of any such weeds.

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