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- Original (As enacted)
Version Superseded: 21/07/2008
Point in time view as at 03/04/2006.
Agriculture Act 1947 is up to date with all changes known to be in force on or before 31 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 1 repealed by Agriculture Act 1957 (c. 57), Sch. 4 Pt. I
Sections 15, 36, 95.
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Textual Amendments
F2Sch. SECOND repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1
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Textual Amendments
F3Schs. 3–7 repealed by Agricultural Holdings Act 1948 (c. 63), ss. 98–100, Sch. 8
Section 67.
Textual Amendments
F4Sch. 8 Pt. I repealed by Agriculture Act 1970 (c. 40), ss. 113(3), Sch. 5 Pt. III
. . . F4
Enactment saved | Extent of saving |
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In the Smallholdings and Allotments Act 1926 (16 & 17 Geo. 5. c. 52):— | |
F5. . . | F5. . . |
Sections five to seven (provisions as to payment for sales of holdings by terminable annuities, as to conditions binding on holdings sold or let, and as to recovery of possession where condition broken.) | (1) The sections shall, subject to the modification hereinafter provided, continue in operation in relation to smallholdings sold or let before the commencement of Part IV of this Act, except in so far as they provide for the sale of smallholdings or any other disposition thereof [F6not authorised by Part III of the Agriculture Act 1970] and except in so far as subsection (1) of section six renders the consent of the Minister unnecessary where no contribution is payable by him. |
(2) The requirement in paragraph (c) of subsection (1) of section six that the holding shall be cultivated in accordance with the rules of good husbandry as defined in the M1Agricultural Holdings Act 1923, shall be construed as a requirement that the owner or occupier, as the case may be, shall fulfil his responsibilities to farm the holding in accordance with the rules of good husbandry, and section eleven of this Act shall apply accordingly. | |
Sections thirteen and fourteen (provisions as to loans for purchase and equipment of holdings). | The sections shall continue in operation in relation to loans made before the commencement of Part IV of this Act. |
Textual Amendments
F5Sch. EIGHTH Pt. II entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 3
F6Words substituted by Agriculture Act 1970 (c. 40), Sch. 4
Marginal Citations
Sections 68, 71, 73.
1—6.
Textual Amendments
F7Sch. 9 paras. 1–6 repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I
7—12.
Textual Amendments
F8Sch. 9 paras.7–12 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6
[F913(1)The Lord Chancellor shall appoint a chairman for each Agricultural Land Tribunal, who shall be a [F10person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.]
(2)[F11Subject to sub-paragraph (2A) of this paragraph,] the chairman shall hold office for [F12such period as may be specified in the terms of his appointment], and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.
[F13(2A)No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]
(3)The chairman may resign his office by notice in writing to the Lord Chancellor.
(4)If the Lord Chancellor [F14and Lord Chief Justice are both] satisfied that the chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or if the chairman is adjudged bankrupt or makes a composition or arrangement with his creditors, the Lord Chancellor may[F15 , with the concurrence of the Lord Chief Justice, ] revoke the appointment of the chairman.]
Textual Amendments
F9Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F10Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 6(1)
F11Words in Sch. 9 para. 13(2) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(a) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F12Words in Sch. 9 para. 13(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(b) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F13Sch. 9 para. 13(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F14Words in Sch. 9 para. 13(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
F15Words in Sch. 9 para. 13(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
[F1614[F17(1)]The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of deputy-chairmen, who shall be [F18persons eligible for appointment under paragraph 13(1).]]
[F17(2)A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]
Textual Amendments
F16Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F17Sch. 9 para. 14 renumbered as sub-paragraph (1) and sub-paragraph 14(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(4) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F18Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 6(2)
[F1915(1)The Lord Chancellor shall draw up for each Agricultural Land Tribunal and from time to time revise a panel of persons appearing to him to represent the interests of farmers and a panel of persons appearing to him to represent the interests of owners of agricultural land.
[F20(1A)A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]
(2)Subject to the following sub-paragraph, the persons to be placed on either panel shall be selected by the Lord Chancellor from nominations made at his request by persons appearing to him to represent the interests of farmers or of owners of agricultural land, as the case may be.
(3)The last foregoing sub-paragraph shall not prevent the Lord Chancellor from placing on either of the panels a person not nominated in accordance with that sub-paragraph, if the persons requested to make the nominations for that purpose do not make the required number of nominations, or the nominations they make do not include enough persons who appear to the Lord Chancellor to be suitable.]
Textual Amendments
F19Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F20Sch. 9 para. 15(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(5) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
[F2116(1)For each hearing by an Agricultural Land Tribunal of an application or reference thereto the members of the Tribunal shall be—
(a)the chairman, or a person nominated by the chairman either from the panel of deputy-chairmen (whether for that Tribunal or for any other Agricultural Land Tribunal) or from among the chairmen of other Agricultural Land Tribunals, and
(b)one person nominated by the chairmen from each of the panels for that Tribunal drawn up under the last foregoing paragraph or from a corresponding panel for any other Agricultural Land Tribunal.
(2)The chairman may, if it appears to him expedient so to do, nominate two assessors to be added to the Tribunal for the hearing of an application or reference thereto in order to assist the Tribunal in the hearing.
(3)The assessors shall be selected by the chairman from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors.]
Textual Amendments
F21Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
Modifications etc. (not altering text)
C1Sch. 9 para. 16(1) modified by Land Drainage Act 1976 (c. 70), s. 42(1)
C2Sch. 9 para. 16(1)(b) excluded (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 31(2), 76(2) (with ss. 67(3)(5)(8), 72(6), 74(3)(4))
[F2216A[F23(1)]If the chairman of an Agricultural Land Tribunal is prevented by sickness or any other reason from making nominations under sub-paragraphs (1) and (2) of the last foregoing paragraph or from otherwise discharging the duties of his office, those duties may be discharged by a person appointed from the panel of deputy-chairmen for that Tribunal by the chairman or, if the chairman is unable to make the appointment, by the [F24Lord Chief Justice, after consulting the Lord Chancellor]]
[F25(2)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).]
Textual Amendments
F22Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)
F23Sch. 9 para. 16A(1): Sch. 9 para. 16A renumbered as Sch. 9 para. 16A(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
F24Words in Sch. 9 para. 16A(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
F25Sch. 9 para. 16A(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(c); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
Modifications etc. (not altering text)
C3Sch. 9 para. 16A extended by Land Drainage Act 1976 (c. 70), s. 42(2)
C4Sch. 9 para. 16A applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 31(3), 76(2), (with ss. 67(3)(5)(8), 72(6), 74(3)(4))
17(1)[F26The Lord Chancellor] may by order direct that the foregoing provisions of this Schedule as to the nominated members of Agricultural Land Tribunals shall have effect subject to such modification of the number of such members, and such additions to the classes of persons referred to in paragraph 15 of this Schedule, as may be specified in the order.
(2)Any order under this paragraph shall be of no effect unless approved by resolution of each House of Parliament.
Textual Amendments
F26Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(3)
18
Textual Amendments
F27Sch. 9 para. 18 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I
19(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
(2)A person shall be disqualified for being appointed or being a member of, or assessor to, an Agricultural Land Tribunal so long as he is a member of any other body mentioned in the last foregoing sub-paragraph.
Textual Amendments
F28Sch. 9 para. 19(1) repealed by House of Commons Disqualification Act 1957 (c. 20), Sch. 4 Pt. I
20(1)Any body mentioned in the last foregoing paragraph shall have power to act notwithstanding any vacancy among its members.
(2)All acts done at any meeting of any such body shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment or disqualification of a person purporting to be a member thereof, be as valid as if that defect had not existed.
(3)Nothing in sub-paragraph (1) of this paragraph shall affect any requirement as to the number of members necessary to constitute a meeting of any such body as aforesaid.
21
Textual Amendments
F29Sch. 9 para. 21 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6
22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
(2)The Minister shall attach to . . . F31 Agricultural Land Tribunals such officers and servants of the Ministry as he may with the approval of [F32the Minister for the Civil Service] determine to be required for providing the . . . F31 tribunals with the necessary officers and servants.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Textual Amendments
F30Sch. 9 para. 22(1)(3) repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I
F31Words repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6
F32Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)
23(1)The Minister may pay to members of . . . F33 Agricultural Land Tribunals such remuneration (whether by way of salaries or of fees) as he may with the approval of [F34the Minister for the Civil Service] determine.
(2)The Minister may pay to the members of any body mentioned in paragraph 19 of this Schedule and to the assessors to Agricultural Land Tribunals such allowances as he may with the approval of [F34the Minister for the Civil Service] determine.
(3)The expenses of any body mentioned in paragraph 19 of this Schedule shall be defrayed by the Minister.
Textual Amendments
F33Words repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I
F34Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)
24Any document purporting to be a document duly executed or issued . . . F35 on behalf of any such body as aforesaid shall, until the contrary is proved, be deemed to be a document so executed or issued, as the case may be.
Textual Amendments
F35Words repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I
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Textual Amendments
Section 86.
F371. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Sch. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1
F372. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Sch. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1
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Textual Amendments
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Textual Amendments
F39Sch. 13 repealed by Agriculture Act 1958 (c. 71), Sch. 3
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