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Agriculture Act 1970

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This is the original version (as it was originally enacted).

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.

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