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Agriculture Act 1970

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This is the original version (as it was originally enacted).

Schedule 1Provisions as to Eggs Authority

1The Authority shall be a body corporate with perpetual succession and a common seal.

2(1)It shall be within the capacity of the Authority as a statutory corporation to do such things and to enter into such transactions as are incidental or conducive to the performance of any of their functions.

(2)Without prejudice to the generality of the foregoing sub-paragraph, where in the performance of any of their functions the Authority render any services to any person they may make such charges in respect of those services as may be agreed between the Authority and that person.

3For the purposes of the Restrictive Trade Practices Act 1956, the definition of " trade association " in section 6(8) of that Act shall be construed as not including the Authority.

4The validity of any proceedings of the Authority shall not be affected by any vacancy among the members of the Authority or by any defect in the appointment of any of the members of the Authority.

5(1)Subject to the following provisions of this paragraph, a member of the Authority and the chairman and deputy chairman thereof shall hold and vacate office as such in accordance with the terms of his appointment.

(2)If the chairman or deputy chairman ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

(3)A member of the Authority may at any time, by notice in writing addressed to the secretary of the Authority, resign his membership, and the chairman or deputy chairman may by the like notice resign his office as such.

6(1)A member of the Authority shall, if he is in any way directly or indirectly interested in a contract made or proposed to be made by the Authority, disclose the nature of his interest at a meeting of the Authority as soon as possible after the relevant circumstances have come to his knowledge.

(2)Any disclosure made by a member under the foregoing sub-paragraph shall be recorded in the minutes of the Authority, and that member shall not take part after the disclosure in any deliberation or decision of the Authority with respect to that contract, but may, nevertheless, be taken into account for the purpose of constituting a quorum of the Authority.

7In the case of an equality of votes at any meeting of the Authority, the person who is chairman at that meeting shall have a second or casting vote.

8Subject to paragraphs 6 and 7 of this Schedule, the authority may determine their own quorum and procedure and the quorum and procedure of any committee of the Authority.

9(1)The Authority may appoint a secretary and such other officers and such servants as the Authority may determine.

(2)The Authority shall—

(a)pay to their officers and servants such remuneration and such travelling or other allowances as they may, with the approval of the Ministers and the Minister for the Civil Service, determine, and

(b)as to any officers or servants in whose case the Authority may determine to do so, pay to or in respect of them such pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Authority may with the like approval determine.

10(1)The Authority may appoint such advisory committees as they think fit, to consider such matters with which the Authority are concerned as the Authority may determine and to report on those matters to the Authority ; and any such committee may include persons who are not members of the Authority.

(2)The Authority may pay to members of any such committee who are not members of the Authority such allowances as the Ministers may, with the approval of the Minister for the Civil Service, determine.

11The application of the seal of the Authority shall be authenticated by the signature of the secretary of the Authority or some other person authorised by the Authority, either generally or specially, to act for that purpose.

12In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (bodies of which all members are disqualified under that Act), there shall (at the appropriate point in alphabetical order) be inserted the following entry :— The Eggs Authority

and the like amendment shall be made in the Part substituted for the said Part II by Schedule 3 to that Act in its application to the Senate and House of Commons of Northern Ireland.;

Schedule 2S. 26 of Agriculture Act 1967 as Amended

26(1)The appropriate Minister may in accordance with a scheme approve, and (subject to section 50 of the Agriculture Act 1970) make grants out of money provided by Parliament towards expenditure incurred in connection with the carrying out of—

(a)transactions for securing that agricultural land which is or forms part of an uncommercial unit, but which together with some other agricultural land could form an intermediate unit or commercial unit, shall be owned and occupied with that other land, and

(b)transactions for securing that, where an intermediate unit or a commercial unit is not all in the same ownership, any part of it comes to be in the same ownership as the rest of that unit, or in the same ownership as some other part of that unit, but excluding transactions which bring into the same ownership and occupation two or more parts of the unit each of which could by itself form a commercial unit, and

(c)transfers or exchanges of agricultural land (or estates or interests in agricultural land) for the purpose of giving more satisfactory boundaries to one or more agricultural units ;

and for the purposes of paragraph (a) above, such assumptions as the appropriate Minister may consider reasonable may be made as to the works and facilities which will be carried out or provided for the benefit of the unit to be formed. Transactions within paragraphs (a) and (b) above are in this Part of this Act referred to as " amalgamations ", and transactions within paragraph (c) are in this Part of this Act referred to as " boundary adjustments ".

(2)A scheme under this section may restrict the amalgamations and boundary adjustments to which it applies in any way, and may in particular exclude amalgamations of land which has reverted from being in single ownership or occupation.

(3)The expenditure towards which a grant may be made under this section in connection with an amalgamation or boundary adjustment shall be any costs of the amalgamation or boundary adjustment of any description specified in the scheme.

(4)A scheme under this section may make different provision for different circumstances.

(5)The amount of any grant payable under this section towards expenditure shall be determined in such manner as may be provided for by or under the scheme.

(6)A scheme under this section shall provide for grant in respect of such of any expenditure such as is mentioned in subsection (3) above as is approved for the purposes of grant by the appropriate Minister in connection with an amalgamation or boundary adjustment approved by that Minister in pursuance of the scheme, and any such approval—

(a)may be given either before or, in any case where the appropriate Minister thinks fit, after the expenditure has been incurred or the amalgamation or boundary adjustment has been carried out;

(b)may be given subject to such conditions as the appropriate Minister may specify, and in particular subject to any condition as to the time within which the amalgamation or boundary adjustment is to be carried out or as to the carrying out or provision within a specified period of specified works or facilities appearing to the appropriate Minister to be necessary as a consequence of the amalgamation or boundary adjustment;

(c)may be varied or withdrawn by the appropriate Minister with the written consent of the person on whose application the approval was given ;

and the appropriate Minister may, if he thinks fit, for the purposes of a claim for grant under section 29 of the Agriculture Act 1970 issue a certificate with respect to any work or facility that he considers it to be necessary or desirable as a consequence of an amalgamation, or to be necessary as a consequence of a boundary adjustment, approved by that Minister in pursuance of the scheme.

(7)After the payment of any grant under this section, any grant under section 29 of the Agriculture Act 1970 in respect of any work or facility certified under subsection (6) above or any grant under subsection (1)(a) of the next following section in connection with an amalgamation the relevant unit shall be subject to the provisions of Schedule 3 to this Act and—

(a)the appropriate Minister shall not approve the amalgamation unless satisfied that all persons having an estate or interest in the relevant unit have given their written consent to the application of that Schedule to the relevant unit,

(b)the relevant unit shall be, or be the part of, the agricultural unit or units specified for the purposes of this subsection by the appropriate Minister in the document giving his approval to the amalgamation, and

(c)in the said Schedule 3 as applied by this subsection " relevant Exchequer payments " shall mean—

(i)any such grant as aforesaid in respect of such expenditure as the appropriate Minister may certify as being expenditure related to the relevant unit, and

(ii)such sum as the appropriate Minister may certify as the sum representing his administrative expenses (including an appropriate proportion of overhead expenses and other fixed or general expenses) incurred in connection with making the grant,

and " the relevant date" shall, for any grant and the related administrative expenses, be the date when the grant was paid.

(8)In the case of the payment of any grant under this section or any such grant under section 29 of the Agriculture Act 1970 as is referred to in the last foregoing subsection in connection with a boundary adjustment the appropriate Minister may, if he thinks fit, designate in the document giving his approval to the boundary adjustment any land appearing to him to benefit from the boundary adjustment as land which, after the payment of that grant, is to be a relevant unit subject to the provisions of Schedule 3 to this Act, and paragraphs (a) and (c) of the last foregoing subsection shall apply in relation to the boundary adjustment as they apply in relation to an amalgamation.

(9)The duration of a scheme under this section shall be a period not exceeding seven years, but that period may from time to time be extended by further schemes under this section for periods not exceeding seven years.

(10)A grant shall not be made under section 16 of the Agriculture Act 1957 (which relates to grants towards costs of amalgamation and is superseded by this section) in respect of a transaction proposed in an application made under that section after the coming into force of the first scheme made under this section, and so much of subsection (2) of the said section 16 as limits the time within which applications may be made under that section shall cease to have effect.

(11)The following enactments—

(a)section 6(c) of the Hill Farming Act 1946,

(b)section 5(3) of the Agriculture (Small Farmers) Act 1959, or

(c)section 2(3) of the Agriculture and Horticulture Act 1964,

(under which grant under those Acts may be recovered by the appropriate Minister if there is a failure to carry out proposals), and any provision to the like effect in regulations made under section 77(3) of the Agriculture (Scotland) Act 1948 or section 22(4)' of the Crofters (Scotland) Act 1955, shall not apply where in the opinion of the appropriate Minister the carrying out of the proposals is, as a consequence of an amalgamation or boundary adjustment approved in pursuance of a scheme under this section or in consequence of the carrying out or provision of works or facilities certified under subsection (6) thereof, impracticable or to no purpose or unduly expensive.

Schedule 3Transitional Provisions for Part III

1In this Schedule " the repeal" means the repeal by this Act of the enactments specified in Part III of Schedule 5 thereto, and "the repealed enactments " means the enactments so specified.

2Any land which immediately before the commencement of Part III of this Act is held by a smallholdings authority for the purposes of smallholdings shall, notwithstanding the repeal, continue to be held by that authority for the purposes of smallholdings, subject to any power exercisable by the authority by virtue of any enactment to appropriate or dispose of it for other purposes.

3The repeal shall not affect the validity of any letting effected before the commencement of Part III of this Act.

4The repeal shall not affect the operation of any of the repealed enactments in relation to allotments or in relation to allotment committees.

5The repeal, in so far as it relates to section 48 of the Small Holdings and Allotments Act 1908, shall not affect the operation of that section in relation to cottage holdings.

6The repeal, in so far as it relates to section 54 of the Agriculture Act 1947, shall not affect the power of the Minister to make a loan under that section where the application for the loan has been received by the Minister before the commencement of Part III of this Act.

7The repeal shall not affect any duty of the Minister to give effect to any trust on which any land is held by the Minister or to any scheme established under the Charitable Trusts Acts 1853 to 1939, or any of those Acts, and subsisting immediately before the commencement of Part III of this Act in accordance with section 48(4) of the Charities Act 1960.

8The repeal shall not affect the operation of any regulations made under section 2 of the Small Holdings and Allotments Act 1926 or under section 58 of the Agriculture Act 1947.

9Without prejudice to the preceding provisions of this Schedule, in so far as any agreement made, record, map or plan compiled and kept, or other thing done by virtue of any of the repealed enactments could have been made, compiled and kept or done by virtue of a corresponding provision of Part III of this Act, it shall not be invalidated by the repeal but shall have effect as if made, compiled and kept or done by virtue of that corresponding provision.

Schedule 4Enactments Amended

EnactmentAmendment
The Agricultural Land (Utilisation) Act 1931 (21 & 22 Geo. 5. c. 41)

At the end of section 12 there shall be added the following proviso:—

" Provided that this section shall have effect subject to section 60 of the Agriculture Act 1970 ".

The Agriculture Act 1947 (10 & 11 Geo. 6. c. 48)

In section 58, in subsection (1), after the words " they may" there shall be inserted the words

at any time before the passing of the Agriculture Act 1970.

In Schedule 8, in Part II, in the first entry, for the words from " the application " to the end of the entry, there shall be substituted the words

any regulations made under section 52(2) of the Agriculture Act 1970,

and in the second entry, for the words " not authorised by Part IV of this Act" there shall be substituted the words

not authorised by Part III of the Agriculture Act 1970.

The Agricultural Holdings Act 1948 (11 & 12 Geo. 6. c. 63)

In section 11(4)(c), for the words from " a smallholding " to " granted " there shall be substituted the words

land let as a smallholding by a smallholdings authority or by the Minister.

In section 24, after subsection (2) there shall be added the following subsection :—

" (2A) Where the landlord is a smallholdings authority, or the landlord is the Minister and the holding is on land held by him for the purposes of smallholdings, then, in considering whether the interest of the landlord has been materially prejudiced as mentioned in paragraph (e) of subsection (2) of this section, regard shall be had to the effect of the breach in question not only on the holding itself but also on the carrying out of the arrangements made by the smallholdings authority or the Minister (as the case may be) for the letting and conduct of smallholdings."

In section 31(2), for paragraph (d) there shall be substituted the following paragraph:—

" (d) the letting of the land (with or without other land) as a smallholding under Part III of the Agriculture Act 1970 ".

The London Government Act 1963 (1963 c. 33)

In section 55(3), for the words " that Act", in the second place where they occur, there shall be substituted the words

the Agriculture Act 1947.

Schedule 5Repeals

Part I

Repeals of enactments relating to capital grants

ChapterShort TitleExtent of Repeal
1 Edw. 8 & 1 Geo. 6. c. 70.The Agriculture Act 1937.Section 16.
3 & 4 Geo. 6. c. 14.The Agriculture (Miscellaneous War Provisions) Act 1940.Save for the purposes of grants to statutory water undertakers, section 15(1).
3 & 4 Geo. 6. c. 50.The Agriculture (Miscellaneous War Provisions) (No. 2) Act 1940.Save for the purposes of grants to statutory water undertakers, section 1(1).
4 & 5 Geo. 6. c. 50.The Agriculture (Miscellaneous Provisions) Act 1941.

Save for the purposes of grants to statutory water undertakers, section 3.

Section 12(4).

7 & 8 Geo. 6. c. 28.The Agriculture (Miscellaneous Provisions) Act 1944.Section 8(d).
10 & 11 Geo. 6. c. 48.The Agriculture Act 1947.Save for the purposes of grants to statutory water undertakers, section 96.
2 & 3 Eliz. 2. c. 39.The Agriculture (Miscellaneous Provisions) Act 1954.Save for the purposes of grants to statutory water undertakers, section 1.
7 & 8 Eliz. 2. c. 31.The Agricultural Improvement Grants Act 1959.In section 1, subsection (3), paragraphs (a) and (b) of subsection (4), and, in subsection (8), the definition of " the appropriate Minister or Ministers " down to the word " Food ".
1964 c. 28.The Agriculture and Horticulture Act 1964.Section 3.
1967 c. 22.The Agriculture Act 1967.

In section 26, in subsection (3) the words from " (b) in " to "boundaries", and subsection (4) from " and in particular " onwards.

Sections 30, 31 and 32.

In section 33(4), paragraphs (a) and (b), in paragraph (c) the word " and ", and paragraph (d).

In section 34(1), in paragraph (a), the words "section 31, section 32 or", and paragraphs (b) and (c).

In section 34(3), the words " or an order under subsection (1)(b) or (1)(c) above ", and the words " 32(2) or, as the case may be ".

Section 36.

In section 37, in subsection (1) the words " or section 30 " and subsections (3) and (5).

Sections 41, 42 and 69(1)(b).

Schedule 4.

1968 c. 34.The Agriculture (Miscellaneous Provisions) Act 1968.

Save for the purposes of grants to statutory water undertakers, section 41(1).

Section 41(2).

The repeal of the enactments specified in this Part of this Schedule shall take effect, subject to subsection (7) of section 29 of this Act, as from the date appointed under subsection (6) of that section, and shall not affect the continuance in force of any instrument made thereunder so far as the instrument is made under or by virtue of any enactment not repealed by this Act.

Part II

Repeals consequential on s. 35

ChapterShort TitleExtent of Repeal
9 & 10 Geo. 6. c. 73.The Hill Farming Act 1946.

In section 1, subsections (1) and (2), the proviso to subsection (4), and subsection (5).

Sections 2 to 8, 39(1)(a) and (b) and 40(3).

14 & 15 Geo. 6. c. 18.The Livestock Rearing Act 1951.Sections 1(1), 2, 4 and 11(2).
4 & 5 Eliz. 2. c. 72.The Hill Farming Act 1956.The whole Act.
7 & 8 Eliz. 2. c.31.The Agricultural Improvement Grants Act 1959.

Section 1(1) and (2), and, in section 1(8), the words from the beginning to " jointly ".

Section 2(1) from " and " where first occurring onwards.

Section 2(21

1963 c. 11.The Agriculture (Miscellaneous Provisions) Act 1963.Section 1.

The repeals in this Part of this Schedule shall take effect as from such date as the appropriate Minister for the purposes of the Hill Farming Act 1946 may by order made by statutory instrument appoint.

Part III

Repeals of enactments relating to smallholdings

ChapterShort TitleExtent of Repeal
8 Edw. 7. c. 36.The Small Holdings and Allotments Act 1908.

In section 40, in subsection (1) the words " small holdings or ".

In section 48, the words " small holdings or" in each place where they occur.

6 & 7 Geo. 5. c. 38.The Small Holding Colonies Act 1916.The whole Act, except sections 9 and 12.
8 & 9 Geo. 5. c. 26.The Small Holding Colonies (Amendment) Act 1918.The whole Act.
9 & 10 Geo. 5. c. 59.The Land Settlement (Facilities) Act 1919.In section 8, the words " or the Small Holding Colonies Acts, 1916 and 1918".
16 & 17 Geo. 5. c. 52.The Small Holdings and Allotments Act 1926.In section 2, subsection (4).
21 & 22 Geo. 5. c. 41.The Agricultural Land (Utilisation) Act 1931.Sections 8 to 11.
10 & 11 Geo. 6. c. 48.The Agriculture Act 1947.

Sections 47 to 52.

Sections 54 to 57.

In section 58, in subsection (7), the words from " and for withholding or reducing contributions " to the end of the subsection.

Sections 60 to 66.

In section 67, subsection (1) and, in subsection (2), the words " other than the provisions thereof specified in the said Part I".

In section 92(1), the words " or a smallholdings authority" and the words " or the authority, as the case may be,".

In section 94(2), the words " or smallholdings authority" and the words " or authority, as the case may be,".

In section 106, in subsections (2) and (7), the words " or a smallholdings authority".

In Schedule 8. Part I.

12 & 13 Geo. 6. c. 37.The Agriculture (Miscellaneous Provisions) Act 1949.In section 10, subsection (3).
2 & 3 Eliz. 2. c. 39.The Agriculture (Miscellaneous Provisions) Act 1954.In section 3, subsections (1) and (2), and in subsection (4), the words from " and there shall be paid " to the end of the subsection.
7 & 8 Eliz. 2. c. 53.The Town and Country Planning Act 1959.In Schedule 7, the entry relating to the Agriculture Act 1947.
1963 c. 33.The London Government Act 1963.In section 55, subsection (1), and, in subsection (3), the words from the beginning of the subsection to "council of a county; and ".

The repeals in this Part of this Schedule shall take effect subject to the provisions of Schedule 3 to this Act on such date as may be appointed for the purpose under section 65(1) of this Act.

Part IV

Repeals consequential on s. 108

ChapterShort titleExtent of repeal
45 & 46 Vict. c. 37.The Corn Returns Act 1882.

In section 4, the words " under the direction of the Board of Trade ".

Section 16.

11 & 12 Geo. 5. c. 35.The Corn Sales Act 1921.Section 4.
6 & 7 Geo. 6. c. 16.The Agriculture (Miscellaneous Provisions) Act 1943.In Schedule 3, the entry relating to section 5 of the Corn Returns Act 1882.

The repeals in this Part of this Schedule shall have effect as from the date appointed under section 108(3) of this Act.

Part V

Miscellaneous repeals

ChapterShort TitleExtent of repeal
16 & 17 Geo. 5. c 45.The Fertilisers and Feeding Stuffs Act 1926.As from the date appointed under section 87(1) of this Act, the whole Act.
14 Geo. 6. c. 36.The Diseases of Animals Act 1950.

In section 19(6), the words from " where the owner " to " this Act or ".

In section 24(1), the words " whenever he deems it expedient so to do ".

In section 79(2), the words " within a period of twelve months ".

7 & 8 Eliz. 2. c. 31.The Agricultural Improvement Grants Act 1959.The whole Act, so far as not specified in Part I or Part II of this Schedule.
8 & 9 Eliz. 2. c. 22.The Horticulture Act 1960.

Section 1(4) from the word

" and " onwards. Section 1(5).

Section 2(1) from the word

" and " onwards. In section 2(3), the words from

"whether" to "matter". Section 2(4).

In section 3, the words " and (4) " and the words " and subsection (1) of section two ".

1968 c. 29.The Trade Descriptions Act 1968.In section 2(4), the word " and" in the last place where it occurs.

The repeal of the Agricultural Improvement Grants Act 1959, except so far as it extends to subsections (4) and (8) of section 1 of that Act, shall not have effect until whichever is the later of the dates referred to in Parts I and II of this Schedule; and the repeals in the Horticulture Act 1960 shall take effect as from the date appointed under section 31(3) of this Act, but shall not affect the application of the enactments repealed in relation to a proposal submitted for approval before that date.

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