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Agriculture (Miscellaneous Provisions) Act 1954

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This is the original version (as it was originally enacted).

3Amendments as to smallholdings in England and Wales

(1)The expression " smallholding " in Part IV of the Agriculture Act, 1947 (which relates to the provision of smallholdings in England and Wales by local authorities and the Minister of Agriculture and Fisheries), shall cease to include holdings of which the area exceeds fifty acres; but (if it is used or intended to be used for agriculture within the meaning of the said Act) any holding which before the commencement of this Act was provided as a smallholding for the purposes of the Smallholdings and Allotments Acts, 1908 to 1931, or the said Part IV, whether or not it was or continues to be a smallholding as defined for those purposes, and any holding provided by virtue of the next following subsection, shall be treated as a smallholding for the purposes of the said Part IV.

(2)A holding of any area exceeding fifty acres may be provided as a smallholding under Part IV of the Agriculture Act, 1947, if, in the case of a holding provided by a smallholdings authority, the authority and the Minister of Agriculture and Fisheries are satisfied that in the circumstances of the case a holding of a smaller area would either—

(a)not provide a full time occupation and a reasonable livelihood for the occupier; or

(b)not be in the interests of good estate management; ,

or if, in the case of a holding provided by the Minister under section fifty-six of the Act, he is satisfied as aforesaid; and, where the Minister gives a smallholdings authority directions under subsection (4) of section fifty of the Act requiring the authority to alter the size or layout of any existing smallholdings provided by the authority, the directions may provide for a holding of any area exceeding fifty acres if the Minister is satisfied as aforesaid.

(3)In determining the contribution which, under section fifty-eight of the Agriculture Act, 1947, the Minister of Agriculture and Fisheries may make for any year to a smallholdings authority in respect of a loss incurred by the authority in carrying out proposals formulated by them, the authority's expenditure referred to in subsection (3) of that section, in so far as it consists of the payment of interest or sinking fund charges on borrowed moneys, shall be calculated by reference to such rate of interest as may be prescribed by regulations under subsection (7) of the section, instead of by reference to the rate allowed for in the estimates approved by the Minister in relation to the proposals.

(4)There shall be paid out of moneys provided by Parliament any increase attributable to this section in the expenses of the Minister of Agriculture and Fisheries under Part IV of the Agriculture Act, 1947, and there shall be paid into the Exchequer any increase attributable to subsection (1) or (2) of this section in the sums received by or on behalf of the Minister under the said Part IV.

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