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Agriculture Act 1947

Status:

This is the original version (as it was originally enacted).

SCHEDULES.

Sections 1, 3, 4, 5, 6, 7, 8.

FIRST SCHEDULEProduce to which Part I of Act applies.

  • Fat cattle.

  • Fat sheep.

  • Fat pigs.

  • Cow's milk (liquid).

  • Eggs (hen and duck in shell).

  • Wheat.

  • Barley.

  • Oats.

  • Rye.

  • Potatoes.

  • Sugar beet.

Sections 15, 36, 95.

SECOND SCHEDULEProvisions where permanent pasture directed to be ploughed up or other cultivations to be carried out.

1Where the Minister gives to a person a direction under section fourteen or ninety-five of this Act requiring the ploughing-up of any land consisting of permanent pasture, compliance with the direction shall, notwithstanding the provisions of any contract of tenancy or instrument affecting the land, any custom or any rule of law relating to waste, not render the said person liable thereby to sow it again at his own expense, or to pay any sum by way of increased rent, damages or penalty or suffer any forfeiture by reason of the ploughing-up or of the failure to sow it again ; and for the purposes of any provision of any such contract of tenancy or instrument as aforesaid, any custom, or any provision of Part III of this Act, the land shall thereafter be deemed to be arable land and to have been arable land at all material times.

2Where, in the case of an occupier who is a tenant, the Minister gives such a direction as aforesaid, or a direction under section thirty-six of this Act reducing the area of land which under the contract of tenancy is to be maintained as permanent pasture, he may, after affording to the landlord and to the tenant an opportunity of making representations to the Minister, whether in writing or on being heard by a person appointed by the Minister, order that the contract of tenancy shall have effect as if it provided that on quitting the holding on the termination of the tenancy the tenant should leave—

(a)as permanent pasture, or

(b)as temporary pasture sown with a seeds mixture of such kind as may be specified in the order.

such area of land (in addition to the land required by the contract of tenancy, as modified by the direction, to be maintained as permanent pasture) as may be so specified, so however that the area required to be left as aforesaid shall not exceed the area by which the land required by the contract of tenancy to be maintained as permanent pasture has been reduced by virtue of the direction.

3(1)Notwithstanding anything in the provisions of Part III of this Act or any custom or agreement—

(a)no compensation shall be payable to the tenant in respect of anything done in pursuance of an order under the last foregoing paragraph ;

(b)in assessing compensation to an outgoing tenant of a holding (as defined in the Agricultural Holdings Act, 1923) where land has been ploughed up in pursuance of any such direction as aforesaid, the value per acre of any tenant's pasture comprised in the holding shall be taken not to exceed the average value per acre of the whole of the tenant's pasture comprised in the holding on the termination of the tenancy.

(2)In this paragraph the expression " tenant's pasture " means pasture laid down at the expense of the tenant or paid for by the tenant on entering on the holding.

4In relation to a direction under section fourteen or ninety-five of this Act, paragraph 1 of this Schedule shall have effect as if references to the ploughing-up of permanent pasture included references to the carrying out, on land which apart from the direction the occupier is under an obligation to cultivate in a particular way, of any other act of cultivation specified in the direction, and references to the sowing of land again and to arable land shall be construed accordingly.

5Where the ploughing-up of permanent pasture or the carrying out of any other act of cultivation is reasonably necessary in consequence of the giving of a direction, this Schedule shall apply as if the ploughing-up or other act of cultivation were required by the direction and specified therein; and subsection (5) of section fifteen and subsection (5) of section ninety-five of this Act shall be construed accordingly.

Sections 14, 15, 22, 23, 24, 26, 34.

THIRD SCHEDULE

PART IImprovements to which consent of Landlord required.

1Making or planting of osier beds.

2Making of water meadows or works of irrigation.

3Making of watercress beds.

4Planting of hops.

5Planting of orchards or fruit bushes.

6Warping or weiring of land.

7Making of gardens.

PART IIImprovements to which consent of Landlord or approval of The Minister required.

8Erection, alteration or enlargement of buildings, and making or improvement of permanent yards.

9Construction of silos.

10Claying of land.

11Marling of land.

12Making or improvement of roads or bridges.

13Making or improvement of water courses, culverts, ponds, wells or reservoirs, or of works for the application of water power for agricultural or domestic purposes or for the supply of water for such purposes.

14Making or removal of permanent fences.

15Reclaiming of waste land.

16Making or improvement of embankments or sluices.

17Erection of wirework for hop gardens.

18Provision of permanent sheep-dipping accommodation.

19Removal of bracken, gorse, tree roots, boulders or other like obstructions to cultivation.

20Land drainage (other than mole drainage and works carried out to secure the efficient functioning thereof).

21Provision or laying-on of electric light or power.

22Provision of means of sewage disposal.

23Repairs to fixed equipment, being equipment reasonably required for the proper fanning of the holding, other than repairs which the tenant is under an obligation to carry out.

24The growing of herbage crops for commercial seed production.

Sections 22, 25, 26, 34.

FOURTH SCHEDULE

PART IImprovements in respect of which no consent required.

1Mole drainage and works carried out to secure the efficient functioning thereof.

2Protection of fruit trees against animals.

3Chalking of land.

4Clay burning.

5Liming of land.

6Application to land of purchased manure (including artificial manure).

7Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuff not produced on the holding, by—

(a)horses, cattle, sheep or pigs, or

(b)poultry folded on the land as part of a system of farming practised on the holding.

PART IIOther matters in respect of which compensation payable to Tenant.

8Growing crops and severed or harvested crops and produce, being in either case crops or produce grown on the holding in the last year of the tenancy, but not including crops or produce which the tenant has a right to sell or remove from the holding.

9Seeds sown and cultivations, fallows and acts of husbandry performed on the holding at the expense of the tenant.

10Pasture laid down with clover, grass, lucerne, sainfoin or other seeds, where either the pasture was laid down at the expense of the tenant or was paid for by the tenant on entering on the holding :

Provided that this paragraph does not include pasture laid down at the expense of the tenant in compliance with an obligation imposed on him by an agreement in writing to lay down the pasture to replace temporary pasture comprised in the holding when the tenant entered thereon which was not paid for by him.

11Paragraphs 8 to 10 of this Part of this Schedule shall not include crops or produce grown, seeds sown, cultivations, fallows or acts of husbandry performed, or pasture laid down in contravention of the terms of a written contract of tenancy unless the tenant shows that the term of the contract contravened was inconsistent with the fulfilment of the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry :

Provided that this paragraph shall not apply to anything the doing of which is reasonably necessary in consequence of the giving of a direction under this Act.

Section 30.

FIFTH SCHEDULEApplications for Certificates of Bad Husbandry.

1An application to the Minister for a certificate under paragraph (a) of subsection (1) of section thirty of this Act shall not be made at any time while an order is in force under this Act for the supervision of the tenant's farming of the holding to which the application relates.

2Any such application shall be made in the prescribed manner, and before it is made the landlord shall give notice in writing to the tenant of the proposed application.

3Where such an application is made the Minister shall, after affording to the landlord and to the tenant an opportunity of making representations to the Minister, whether in writing or on being heard by a person appointed by the Minister, either—

(a)give notice in writing to the landlord and to the tenant that he proposes to grant or refuse the certificate, or

(b)by order having the like effect as a supervision order under Part II of this Act place under the Minister's supervision the tenant's farming of the holding to which the application relates,

and if before the expiration of the prescribed period from the making of the application the Minister has not given such a notice or made such an order as aforesaid, he shall be deemed to have given notice in writing to the landlord and to the tenant that he proposes to refuse the certificate.

4Where notice of a proposal is given or deemed to have been given under the last foregoing paragraph the landlord may require that the Minister's proposal to refuse a certificate shall be referred to the Agricultural Land Tribunal established under Part V of this Act, or the tenant may require that the Minister's proposal to grant a certificate shall be so referred; and the provisions in that behalf of the said Part V shall apply accordingly.

5Where a holding forms part only of an agricultural unit, an opportunity of making representations shall be afforded under paragraph 3 of this Schedule to every person who for any of the purposes of Part II of this Act is the owner of land comprised in the unit, and sub-paragraph (b) of that paragraph shall have effect with the substitution for the reference to the holding of a reference to the unit

Section 38.

SIXTH SCHEDULEMatters for which provision to be made in written tenancy agreements.

1The names of the parties.

2Particulars of the holding with sufficient description, by reference to a map or plan, of the fields and other parcels of land comprised therein to identify the extent of the holding.

3The term or terms for which the holding or different parts thereof is or are agreed to be let.

4The rent reserved and the dates on which it is payable.

5The incidence of the liability for land tax and rates (including drainage rates).

6In respect of all work of maintenance and repair of fixed equipment comprised in the holding, a covenant by one or other of the parties to carry out the work.

7A covenant by the landlord in the event of damage by fire to any building comprised in the holding to reinstate or replace the building if its reinstatement or replacement is required for the fulfilment of his responsibilities to manage the holding in accordance with the rules of good estate management, and (except where the interest of the landlord is held for the purposes of a Government department or a person representing His Majesty or the Duke of Cornwall under sections forty-three to forty-five of the Act of 1923 is deemed to be the landlord, or where the landlord has made provision approved by the Minister for defraying the cost of any such reinstatement or replacement as aforesaid), a covenant by the landlord to insure all such buildings against damage by fire.

8A covenant by the tenant in the event of the destruction by fire of harvested crops grown on the holding for consumption thereon, to return to the holding the full equivalent manurial value of the crops destroyed, in so far as the return thereof is required for the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry, and, (except where the interest of the tenant is held for the purposes of a Government department or where the tenant has made provision approved by the Minister in lieu of such insurance) a covenant by the tenant to insure all dead stock on the holding, and all such harvested crops as aforesaid, against damage by fire.

9A power for the landlord to re-enter on the holding in the event of the tenant not performing his obligations under the agreement.

Section 45.

SEVENTH SCHEDULEMinor and Consequential Amendments.

The Agricultural Holdings Act, 1923.

1For section six of the Act of 1923 (which provides for giving an incoming tenant rights to compensation for improvements where the incoming tenant has paid compensation therefor to the outgoing tenant) there shall be substituted the following section :—

6(1)Where an incoming tenant of a holding has, with the consent in writing of his landlord, paid to an outgoing tenant any compensation payable by the landlord under or in pursuance of this Act in respect of the whole or part of any improvement, or has paid to the landlord the amount of any such compensation payable to an outgoing tenant, the incoming tenant shall be entitled on quitting the holding to claim compensation in respect of the improvement or part in like manner, if at all, as the outgoing tenant would have been entitled if he had remained tenant of the holding, and quitted it at the time at which the incoming tenant quits it.

(2)Where, in a case not falling within the last foregoing subsection, an incoming tenant of a holding has paid to his landlord any amount in respect of the whole or part of any improvement, he shall, subject to any agreement in writing between the landlord and the tenant, be entitled on quitting the holding to claim compensation in respect of the improvement or part in like manner, if at all, as he would have been entitled if he had been tenant of the holding at the time when the improvement was carried out and the improvement or part had been carried out by him.

2Section eight of the Act of 1923 (which restricts the right of the tenant of a holding to compensation in respect of improvements carried out after giving notice to quit or in the last year of the tenancy) shall cease to have effect.

3(1)The period within which notice in writing of the occurrence of damage to crops from game must be given to a landlord under section eleven of the Act of 1923 in order that a claim under that section for the damage may be made by a tenant shall be one month from the time at which the tenant of the holding first became, or ought reasonably to have become, aware of the occurrence of the damage ; and accordingly in subsection (2) of that section for the words " as soon as may be after the damage was first observed by the tenant" there shall be substituted the words " before the expiration of one month after the tenant of the holding first became, or ought reasonably to have become, aware of the occurrence of the damage ".

(2)Subsection (3) of the said section eleven (which makes special provision for agreements made before the year nineteen hundred and nine) shall cease to have effect.

(3)Any question arising under subsection (4) of the said section eleven (which provides for the indemnification of a landlord against claims under that section for damage from game in a case where the sporting rights are vested in some other person) shall be determined by arbitration under the Act of 1923 in the like manner as questions arising on a claim under that section by a tenant.

4(1)Section twenty-two of the Act of 1923 (which provides that fixtures and buildings affixed to or erected on a holding by the tenant shall, subject to certain exceptions, be his property and removable by him on the termination of the tenancy) shall be amended in accordance with the following provisions of this paragraph.

(2)The right of the tenant to remove any fixture or building shall not be exercisable after the expiration of two months from the termination of the tenancy.

(3)Nothing in the section shall confer on a tenant or former tenant, as respects any period after his right of removal has ceased to be exercisable, any property in a fixture or building not removed by him.

(4)For paragraph (iv) of the proviso to subsection (1) (which provides for notice to the landlord of the tenant's intention to remove a fixture or building) there shall be substituted the following paragraph :—

(iv)the tenant shall not remove any fixture or building without giving at least one month's previous notice in writing to the landlord of his intention to remove it, and any such notice shall be given at least one month before the termination of the tenancy.

5Section twenty-five of the Act of 1923 (which requires that except in certain cases a notice to quit a holding must be given more than twelve months before the date on which the tenancy is thereby terminated) shall apply to a notice to quit part of a holding as it applies to a notice to quit an entire holding.

6(1)In section twenty-seven of the Act of 1923, in subsection (1) (which enables a landlord to give notice to quit part of a holding where the notice is given for certain purposes and states that it is so given) for the words from " and the notice states " to " any such use " there shall be substituted the words " or for the purpose of adjusting the boundaries between agricultural units or amalgamating agricultural units or parts thereof, and the notice states that it is given with a view to any such use as aforesaid or for the said purpose, as the case may be. "

(2)In paragraph (iv) of the said subsection (1) (which enables notice to quit part of a holding to be given for the purpose of the provision of small holdings as defined by the Small Holdings and Allotments Acts, 1908 to 1919) the reference to smallholdings as so defined shall include a reference to smallholdings as denned by Part IV of this Act.

(3)In paragraph (c) of the said subsection (1) for the words " as in case of compensation " there shall be substituted the words " by arbitration ".

(4)In the proviso to subsection (1) of the said section twenty-seven (which provides that a tenant who receives a notice to quit part of a holding may accept it as a notice to quit the entire holding, to take effect at the expiration of the then current year of tenancy) for the words "expiration of the then current year of tenancy " there shall be substituted the words " same time as the original notice ".

(5)Where the operation of a notice to quit depends on any proceedings under section thirty-one of this Act, the period within which, under the proviso to subsection (1) of the said section twenty-seven, the tenant may accept the notice as a notice to quit the entire holding shall run from the time at which it is determined that the notice has effect instead of from the time at which the notice is served.

7In section twenty-nine of the Act of 1923 (which provides that the landlord of a holding shall not be entitled to recover, in respect of a breach or non-fulfilment of a term or condition in the contract of tenancy, any sum in excess of the damage actually suffered by him) the proviso, which excludes the operation of the section in relation to the breaking up of permanent pasture, the grubbing of underwoods, the felling, cutting, lopping or injuring of trees and the burning of heather, shall cease to have effect.

8(1)In subsection (1) of section thirty of the Act of 1923 (which confers on the tenant of a holding freedom of cropping and of disposal of the produce of his holding notwithstanding any custom or agreement) the reference to the produce of the holding shall not include references to manure produced on the holding.

(2)In subsection (2) of the said section thirty (which confers on a landlord the right at any time to recover damages for any exercise by the tenant of his rights under that section which injures the holding) for the words from " without prejudice " to the end of the subsection there shall be substituted the words " have the following remedies, but no other, that is to say—

(a)should the case so require, he shall be entitled to obtain an injunction to restrain the exercise of the tenant's rights under this section in that manner ;

(b)in any case, on the tenant quitting the holding on the termination of the tenancy the landlord shall be entitled to recover damages for any injury to or deterioration of the holding attributable to the exercise by the tenant of his rights under this section,

and section fifty-four of this Act shall have effect subject to the provisions of this section."

(3)For the purposes of any proceedings for an injunction brought under the said subsection (2) the question whether a tenant is exercising, or has exercised, his rights under the said section thirty in such a manner as to injure or deteriorate his holding, or to be likely to injure or deteriorate his holding, shall be determined by the Minister after affording to the landlord and to the tenant an opportunity to make representations to the Minister, whether in writing or on being heard by a person appointed by the Minister; and a certificate of the Minister as to his determination of any such question as aforesaid shall for the purposes of any proceedings (including an arbitration) brought under the said section thirty be conclusive proof of the facts stated in the certificate. .

(4)The said section thirty shall not apply to a tenancy of a smallholding (as defined in Part IV of this Act) granted in pursuance of any scheme for the farming of such holdings on a co-operative basis, being a scheme approved by the Minister for the purposes of this sub-paragraph.

9The following section shall be substituted for section thirty-one of the Act of 1923 (which prohibits the removal of manure after notice to terminate a tenancy) :—

31(1)Where notice to terminate the tenancy of a holding is given either by the tenant or by the landlord, the tenant shall not, subject to any agreement in writing to the contrary, at any time after the date of the notice sell or remove from the holding any manure or compost or any hay or straw or roots grown in the last year of the tenancy, unless before the sale or removal the landlord has consented thereto in writing.

(2)In this section the expression ' roots ' means the produce of any root crop of a kind normally grown for consumption on the holding.

10Section thirty-seven of the Act of 1923 (which provides for the setting off of certain compensation against rent for which a landlord would otherwise be entitled to distrain) shall apply to all compensation to a tenant, and accordingly in that section the words " for disturbance or for any improvement " shall be omitted.

11Section forty of the Act of 1923 (which confers on the landlord of a holding who is a limited owner, in respect of certain functions under the Act of 1923, the like capacity as if his powers were not limited) shall apply to all functions of the landlord of a holding under that Act and this Act, and accordingly in the said section forty the words " in relation to improvements in respect of which compensation is payable " shall be omitted.

12In section forty-one of the Act of 1923 (which relates to the recovery of compensation where the landlord is a trustee), for the words from ' and of all costs ' in paragraph (iii) to the end of the section there shall be substituted—

(iv)a charge under this section shall charge the holding not only with the amount of the sum due as aforesaid but also with all costs properly incurred in obtaining the charge ;

(v)a charge under this section shall be created by order of the Minister in favour of the landlord or tenant, as the case may be, and of his executors, administrators and assigns, and the order shall make such provision as to the payment of interest and the repayment of the sum charged by instalments, and shall contain such directions for giving effect to the charge, as the Minister thinks fit.

13In section forty-three of the Act of 1923 (which provides for the application of the Act to Crown lands) after subsection (2) there shall be inserted the following subsection :—

(3)Section fifteen of the Crown Lands Act, 1927, (which enables the Commissioners of Crown Lands to pay out of capital the cost of carrying out any works mentioned in the Third Schedule to the Settled Land Act, 1925, or of any works for any of the purposes mentioned in that Schedule) shall apply to compensation payable under this Act for improvements specified in the Third Schedule thereto as it applies to the cost specified in the said section fifteen.

14(1)Subject to the provisions of this paragraph, the functions conferred on the agricultural committee by section forty-nine of the Act of 1923 (which enables such a committee to apply the provisions of that Act relating to market gardens to a holding the landlord of which refuses to agree that the holding shall be treated as a market garden) shall be transferred to the Minister.

(2)In subsection (1) of the said section forty-nine for the words " hearing the landlord or his representative " there shall be substituted the words " affording to the landlord and to the tenant an opportunity to make representations to the Minister, whether in writing or on being heard by a person appointed by the Minister. "

(3)The proviso to subsection (1) of the said section forty-nine (which prevents the authorisation of the breaking up of meadow land or pasture forming part of a holding which under that section is to be treated as a market garden) shall cease to have effect.

(4)Where a direction under the said section forty-nine relates to part only of the holding, and accordingly under paragraph (c) of subsection (1) of that section the rent of the holding falls to be apportioned, any dispute as to the apportionment of the rent shall be determined by arbitration under the Act of 1923 in lieu of being determined in the manner provided by the said paragraph (c).

(5)Subsections (3) to (5) of the said section forty-nine (which provide for the exercise of powers of an agricultural committee by the Minister or an arbitrator in certain cases, and for limiting the exercise of the powers under that section where it is likely that the land in question will be required for any purpose other than agriculture) shall cease to have effect.

(6)Nothing in Part III of this Act shall prevent the landlord and tenant of a holding who have agreed that the holding shall be let or treated as a market garden from substituting, by agreement in writing, the provisions as to compensation commonly known as the " Evesham custom " , and set out in paragraphs (a) and (b) of subsection (1) of the said section forty-nine, for the provisions as to compensation which would otherwise be applicable to the holding.

15Section fifty-two of the Act of 1923 (which makes special provision as to the costs of proceedings in the county court under that Act) shall cease to have effect.

16(1)In section fifty-three of the Act of 1923 (which relates to the service of notices and other instruments) for the words from "may be served " to the end of the section there shall be substituted the words " may be served in the like manner as notices required or authorised to be served under the Agriculture Act, 1947 ".

(2)Any instrument which under the Act of 1923 or Part III of this Act is to be given to or served on a landlord or tenant shall, where an agent or servant of the landlord or tenant is responsible for the control of the management or farming, as the case may be, of the holding, be duly given or served if given to or served on that agent or servant.

17Subsection (2) of section fifty-six of the Act of 1923 (which makes special provision as to the determination and recovery of compensation in the case of certain holdings of small extent) shall cease to have effect.

18In section fifty-seven of the Act of 1923 in subsection (1) at the beginning of the definitions there shall be inserted the following—

  • ' building ' includes any part of a building ;

and for the definition of " holding " there shall be substituted the following definition :—

  • ' holding ' means the aggregate of the agricultural land, as defined in Part V of the Agriculture Act, 1947, comprised in a contract of tenancy, not being a contract under which the said land is let to the tenant during his continuance in any office, appointment or employment held under the landlord.

19The period within which, in default of any extension thereof, an arbitrator in an arbitration under the Act of 1923 shall make and sign his award shall be the period of forty-two days from his appointment, and accordingly in paragraph 6 of the Second Schedule to that Act for the words " twenty-eight " there shall be substituted the words " forty-two ".

20The following provision shall be inserted after paragraph 7 of the said Second Schedule :—

Particulars of claim.

7AThe parties to the arbitration shall within fourteen days from the appointment of the arbitrator deliver to him a statement of their respective cases with all necessary particulars ; and—

(a)no amendment or addition to the statement or particulars delivered shall be allowed after the expiration of the said fourteen days except with the consent of the arbitrator

(b)a party to the arbitration shall be confined at the hearing to the matters alleged in the statement and particulars delivered by him and any amendment thereof or addition thereto duly made.

21Without prejudice to the provisions of section forty-six of this Act, where the Minister or any other person acting on behalf of His Majesty is a party to an arbitration under the Act of 1923, anything which under the said Second Schedule is to be done by the Minister in relation to the nomination or remuneration of an arbitrator, or the extension of the time for making and signing his award, shall be done by the President of the Royal Institution of Chartered Surveyors.

22(1)In the Third Schedule to the Act of 1923 (which specifies improvements which are subject to special provisions in the case of market gardens), in paragraph 5, for the words " Erection or enlargement of buildings " there shall be substituted the words " Erection, alteration or enlargement of buildings ".

(2)Subsection (2) of section twenty-two of this Act shall apply in relation to the said Third Schedule as it applies in relation to the Third and Fourth Schedules to this Act.

The Rent and Mortgage Interest Restrictions Acts, 1920 to 1939.

23The Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, shall not apply to any dwelling-house which is comprised in a holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding.

The Law of Property Act, 1925.

24(1)In section ninety-nine of the Law of Property Act, 1925, (which provides for the making by a mortgagee or mortgagor of such leases as are authorised by that section, which shall be binding on the mortgagor or mortgagee) subsection (13), which provides that the section applies only if and so far as the contrary intention is not expressed in the mortgage deed or otherwise in writing and that the section has effect subject to the terms of the mortgage deed or of any such writing, shall not have effect in relation to a mortgage made after the commencement of Part III of this Act of agricultural land.

(2)This paragraph shall be construed as one with the said section ninety-nine.

25Where the operation of a notice to quit served under subsection (2) of section one hundred and forty of the Law of Property Act, 1925, by the owner of a severed part of the reversion depends on any proceedings under section thirty-one of this Act, the period within which under the proviso to the said subsection (2) the tenant may accept the notice as a notice to quit the entire holding shall run from the time at which it is determined that the notice has effect instead of from the time at which the notice is served.

The Hill Farming Act, 1946.

26(1)Section nine of the Hill Farming Act, 1946 (which modifies the Act of 1923 in relation to schemes under the said Act of 1946) shall in its application to England and Wales be amended as follows.

(2)In subsection (2) for paragraphs (a) and (b) there shall be substituted the words " the landlord shall be deemed to have consented as mentioned in subsection (1) of section twenty-four of the Agriculture Act, 1947 " ,

and for the words " section two, or the said section three, as the case may be " there shall be substituted the words " subsection (1) ".

(3)In the proviso to the said subsection (2), for the words from " subsection (3) " to the end there shall be substituted the words " the provisions of subsection (2) of the said section twenty-four as to the carrying out of improvements by the landlord shall not apply. "

(4)For subsection (3) there shall be substituted the following subsection:—

(3)If on the ground of work's being badly done the appropriate Minister withholds or reduces the improvement grant in respect of an improvement, he may direct that any right conferred by subsection (4) of section thirty-five of the Agriculture Act, 1947, to have the rent of a holding increased shall not be exercisable in respect of the improvement, or shall be exercisable only to such extent as may be specified in the direction, and any such direction given after that right has been exercised shall be retrospective and any excess rent paid shall be repaid accordingly:

Provided that nothing in this sub-paragraph shall affect any right to recover money under the said subsection (3) accrued before the commencement of Part III of this Act.

(5)Subsections (4) to (6) of the said section nine shall cease to have effect.

Section 67.

EIGHTH SCHEDULEProvisions of Small Holdings and Allotments Acts Applied or Saved.

PART IProvisions Applied.

Provision applied.Subject to which provision relates
In the Small Holdings and Allotments Act, 1908 (8 Edw. 7. c. 36)
In section thirty-nine,—
subsection (4)Power to continue or create easements over land acquired.
In section forty,—
subsection (1), in so far as it confers wider powers of leasing than are conferred by the Settled Land Act, 1925, or that Act as applied by any other enactmentPower of limited owner to grant leases.
subsections (2) and (3)Leases of Crown Lands and ecclesiastical lands.
Section forty-eightProvisions as to glebe lands.
In the Land Settlement (Facilities) Act, 1919 (9 & 10 Geo. 5. c. 59)
Section eightAuthorisation of sale of glebe land without consent of patron.
In the Small Holdings and Allotments Act, 1926 (16 & 17 Geo. 5. c. 52)
Section elevenRegistration of title to land purchased for smallholdings.

PART IIProvisions Saved.

Enactment saved.Extent of saving.
In the Smallholdings and Allotments Act, 1926 (16 & 17 Geo. 5. c. 52) :—
Section two (power of Minister to contribute towards losses).The section shall continue in operation in relation to proposals submitted before the commencement of Part IV of this Act, but subject to the application, with such modifications as may be prescribed, of the regulations made under paragraph (b) of subsection (7) of section fifty-eight of this Act.
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 not authorised by Part IV of this Act, 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 Agricultural 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.

Sections 68, 71, 73.

NINTH SCHEDULEConstitution etc. of Commission, Sub-Commission, Committees and Tribunals.

Agricultural Land Commission and Welsh Agricultural Land Sub-Commission.

1Unless and until the Agricultural Land Commission (hereafter in this Schedule referred to as " the Commission ") otherwise determine, three shall be a quorum at any meeting of the Commission; and subject to the provisions of this Act the Commission shall have power to fix and regulate their own procedure.

2If at any meeting of the Commission the votes are equally divided on any question, the person acting as chairman of the meeting shall have a second or casting vote.

3Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by them for the purpose.

4(1)The Welsh Agricultural Land Sub-Commission (hereafter in this Schedule referred to as "the Sub-Commission") shall subject to the provisions of this Act have power to fix and regulate their own procedure.

(2)Unless and until the Sub-Commission otherwise determine two shall be a quorum at any meeting of the Sub-Commission.

(3)In default of the chairman such member of the Sub-Commission attending any meeting shall preside at the meeting as may be agreed by the members so attending.

(4)If at any meeting of the Sub-Commission at which the chairman is present the votes are equally divided on any question, the chairman shall have a second or casting vote.

5Every member of the Commission and the Sub-Commission shall hold and vacate office under the terms of the instrument under which he is appointed, but notwithstanding anything in that instrument he may resign his office by notice in writing served on the Minister.

6Any member of the Commission or the Sub-Commission who ceases to hold office shall be eligible for reappointment.

County Agricultural Executive Committees, Sub-Committees and District Committees.

7(1)A County Agricultural Executive Committee shall consist of not more than five members appointed by the Minister, and of seven other members (hereinafter referred to as "nominated members ") appointed by the Minister from among persons nominated in accordance with the following provisions of this Schedule.

(2)One of the said five members shall be a member of the council of the county for which the Committee is established, and shall be appointed by the Minister after consultation with that council.

In the application of this sub-paragraph—

(a)to the Isles of Scilly for the references to the council of a county there shall be substituted references to the council of those Isles,

(b)to a combination of counties which under subsection (2) of section seventy-one of this Act is treated as a single county for the reference to a member of the council of the county there shall be substituted a reference to a member of one of the councils, and for the reference to consultation with the council of a county there shall be substituted a reference to consultation with all of the councils.

(3)The nominated members shall be appointed from persons nominated—

(a)in the case of three members, by persons appearing to the Minister to represent the interests of farmers;

(b)in the case of two members, by persons appearing to him to represent the interests of workers employed in agriculture;

(c)in the case of two members, by persons appearing to him to represent the interests of owners of agricultural land.

(4)The Minister may by order direct that the foregoing provisions of this paragraph shall have effect subject to such modifications of the numbers therein specified, or such additions to the classes of nominated members and such consequential additions to the persons required to be consulted under paragraph 1 of the Tenth Schedule to this Act, as may be provided by the order.

(5)Any order under this paragraph shall be of no effect unless approved by resolution of each House of Parliament.

8The Minister shall designate a member of each County Agricultural Executive Committee to act as chairman of the Committee and another member to act as deputy chairman in the absence of the chairman.

9(1)Subject to the provisions of this paragraph, the term of office of any member of a County Agricultural Executive Committee shall be three years, but a member who ceases to hold office shall, subject to the provisions of this Schedule as to nomination, be eligible for reappointment.

(2)The following provisions shall regulate the tenure of office of the first members of a County Agricultural Executive. Committee other than the chairman:—

(a)at the end of the first year from the establishment of the Committee one-third (or, if one-third is not an integral number, the nearest integral number not exceeding one-third) of the said members, to be chosen by the Committee, shall retire from the Committee;

(b)at the end of two years from the establishment of the Committee one-half (or, if one-half is not an integral number, the nearest integral number not exceeding one-half) of the remaining first members of the Committee, to be chosen by the Committee, shall retire from the Committee.

(3)Any member of the Committee may resign his membership by notice in writing served on the Minister.

(4)If the Minister is satisfied that any member of the Committee is incapacitated by infirmity of mind or body from discharging the duties of his office, or is otherwise unsuited to continue to discharge those duties, or if any member of the Committee is adjudged bankrupt or makes a composition or arrangement with his creditors, the Minister may revoke his appointment as a Member of the Committee.

(5)Where the Minister appoints a person in the place of a member whose office is vacated otherwise than in accordance with sub-paragraph (1) or (2) of this paragraph, the said sub-paragraphs (1) and (2) shah apply to the person so appointed as if he had become a member of the Committee at the same time as the member in whose place he was appointed, or, where two or more persons are appointed as aforesaid in succession, as if he had become a member of the Committee at the same time as the first member whose office was vacated as aforesaid.

10A County Agricultural Executive Committee may add to any sub-committee established by them persons not being members of the Committee, who shall continue as members of the sub-committee for such period as the Committee may determine.

11A district committee shall consist of such number of members, whether or not members of the County Agricultural Executive Committee by which the district committee are established, as the County Agricultural Executive Committee may determine, and the members of a district committee shall be appointed by the County Agricultural Executive Committee and hold office for such period, determinable in 9uch circumstances, as may be fixed by the County Agricultural Executive Committee.

12A County Agricultural Executive Committee, sub-committee or district committee shall have power to fix and regulate their own procedure, including power to determine the number of members necessary to form a quorum.

Agricultural Land Tribunals.

13(1)An Agricultural Land Tribunal shall consist of a chairman and two other members.

(2)The Minister may, if it appears to him expedient so to do, direct that for any reference to the Tribunal specified in the direction two assessors shall be added to the Tribunal to assist the members thereof in the hearing of the matter of the reference.

14(1)The chairman shall be appointed by the Lord Chancellor and shall be a barrister or solicitor of not less than seven years' standing.

(2)The chairman shall hold office for three years, and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.

(3)The chairman may resign his office by notice in writing served on the Lord Chancellor.

(4)If the Lord Chancellor is 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 revoke the appointment of the chairman.

(5)If the Lord Chancellor is satisfied that the chairman is prevented by sickness or any other reason from acting on any reference to the Agricultural Land Tribunal, the Lord Chancellor may appoint a person having the qualifications mentioned in sub-paragraph (1) of this paragraph to be chairman of the Tribunal for that reference.

15The two members of an Agricultural Land Tribunal other than the chairman (hereinafter referred to as " nominated members ") shall, for each reference to the Tribunal, be appointed by the Minister and shall be so appointed respectively from a panel of persons nominated in the case of one such member by persons appearing to the Minister to represent the interests of farmers, and in the case of the other by persons appearing to the Minister to represent the interests of owners of agricultural land.

16The assessors shall be selected by the Minister, for any reference for which the Minister directs the addition of assessors to the Tribunal, from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors.

17(1)The Minister 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.

18Where provision is made for the sitting of an Agricultural Land Tribunal in two or more divisions, this Schedule shall apply as if each division were an Agricultural Land Tribunal.

Disqualifications for appointment.

19(1)A person shall be disqualified for being appointed or being a member of the Commission or Sub-Commission or of a County Agricultural Executive Committee, sub-committee or district committee, or a member of or assessor to an Agricultural Land Tribunal, so long as he is a member of the Commons House of Parliament.

(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.

Validity of acts.

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.

Nomination of persons for appointment as nominated members.

21(1)Where for the purpose of appointing nominated members for any county or area provision is made under the foregoing paragraphs of this Schedule for nomination by persons appearing to the Minister to be representative of the interests of farmers, workers or owners of land or by any other persons specified by order of the Minister under sub-paragraph (4) of paragraph 7 or sub-paragraph (1) of paragraph 17 of this Schedule, the said persons shall, on a requirement in that behalf being made by the Minister, submit to the Minister such number of names for the county or area in question as the Minister may require.

(2)If in relation to any appointment of a nominated member it appears to the Minister that any such persons have failed within a reasonable time to comply with any requirement under the last foregoing sub-paragraph, the Minister may notwithstanding anything in the foregoing provisions of this Schedule appoint as the nominated member in question such person as he thinks fit, being a person who appears to him to represent the interests of farmers, workers or owners, or being a person of such class as may be specified by such an order as aforesaid, as the case may be.

Officers and servants.

22(1)The Minister shall appoint a secretary and a chief technical officer to the Agricultural Land Commission and to the Welsh Agricultural Land Sub-Commission respectively, and the Commission and the Sub-Commission may appoint such other officers and servants as they may, with the approval of the Minister and the Treasury, determine; and the Minister may pay to the officers and servants of the Commission and the Sub-Commission such salaries, wages and allowances as he may with the approval of the Treasury determine.

(2)The Minister shall attach to County Agricultural Executive Committees and sub-committees thereof and to district committees and Agricultural Land Tribunals such officers and servants of the Ministry as he may with the approval of the Treasury determine to be required for providing the committees and tribunals with the necessary officers and servants.

(3)The Commission or the Sub-Commission may employ such agents as they consider desirable for the discharge of their functions, and may pay to agents employed by them such remuneration as they may, with the approval of the Minister and the Treasury, determine.

Remuneration and Expenses.

23(1)The Minister may pay to members of the Commission, the Sub-Commission and Agricultural Land Tribunals such remuneration (whether by way of salaries or of fees) as he may with the approval of the Treasury 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 the Treasury determine.

(3)The expenses of any body mentioned in paragraph 19 of this Schedule shall be defrayed by the Minister.

Proof of Instruments.

24Any document purporting to be a document duly executed or issued under the seal of the Commission or 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.

Section 71.

TENTH SCHEDULECombination of Counties for purposes of Agricultural Executive Committees.

1Before making an order under subsection (2) of section seventy-one of this Act the Minister shall consult with such persons as appear to him to represent the interests of farmers, workers employed in agriculture, and owners of agricultural land, and with the councils of the counties concerned.

2(1)Any order under the said subsection (2) shall be laid before Parliament forthwith after being made, and if either House of Parliament within a period of forty days beginning with the day on which any such order is laid before it resolves that an Address be presented to His Majesty praying that the order be annulled, no further proceedings shall be taken thereunder after the date of the resolution, and His Majesty may by Order in Council revoke the order, so, however, that any such resolution and revocation shall be without prejudice to the validity of anything previously done under the order or to the making of a new order.

(2)In reckoning any such period of forty days as aforesaid, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.

3An order under the said subsection (2) may contain such incidental and supplemental provisions as appear to the Minister expedient for the purposes of the order, and in particular may provide for the transfer to any County Agricultural Executive Committee established in pursuance of the order of any property rights or liabilities of any such Committee superseded by the Committee so established, and for the carrying on and completion by any such Committee so established of anything begun by any such Committee so superseded.

Section 86.

ELEVENTH SCHEDULEApplication in relation to Mortgages and Charges of section 86 of Act.

1Notwithstanding anything in subsection (3) of section eighty-six of this Act—

(a)the creation of a mortgage of or charge on land shall not be treated as a disposition thereof; but

(b)the exercise by a mortgagee or chargee of any right to take possession or to foreclose shall be treated as a major disposition of the land.

2(1)Paragraph (a) of the said subsection (3) shall not apply to any disposition made in the exercise of the powers of a mortgagee or chargee.

(2)No exercise of any such powers as aforesaid shall be a disposition to which the said section eighty-six applies if the mortgage or charge was made at a time when that section was not in force, or when the land to which the exercise relates was not comprised in an agricultural unit.

Section 87.

TWELFTH SCHEDULEProvisions as to schemes for adjusting Farm Boundaries of amalgamating Farms.

Advertisement of References to Commission.

1On referring any matter to the Agricultural Land Commission (hereafter in this Schedule referred to as " the Commission ") under section eighty-seven of this Act the Minister shall publish, in such manner as appears to him best suited for bringing it to the notice of persons concerned, a notice in such form as he may determine describing the matter referred, stating that it is being referred to the Commission, and specifying a place where a map of the area to which the reference relates may be inspected at all reasonable hours.

Preparation and confirmation of schemes.

2(1)A scheme under section eighty-seven of this Act (hereinafter in this Schedule referred to as a " scheme ") shall be in the prescribed form and shall describe by reference to a map the area to which the scheme relates and the adjustments and amalgamations intended to be secured by the scheme.

(2)The area to which a scheme relates may be the whole or any part of the area which was referred to the Commission under subsection (1) of the said section eighty-seven, and may include any land outside that area which in the opinion of the Commission ought to be dealt with in conjunction with land inside that area.

3(1)Before submitting a final scheme for confirmation the Commission shall—

(a)in two successive weeks publish in one or more local newspapers circulating in the area to which the scheme relates a notice in the prescribed form stating that the scheme has been prepared and is about to be submitted for confirmation, naming a place within the locality where a copy of the scheme and the map referred to therein may be inspected, and specifying the time (not being less than twenty-one days from the first publication of the notice) within Which and the manner in which representations with respect to the scheme can be made to the Commission;

(b)serve on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land in the area which in the opinion of the Commission is likely to be affected by the carrying out of the scheme a notice in the prescribed form stating the effect of the scheme and that the scheme is about to be submitted for confirmation, and specifying the time (not being less than twenty-one days from the service of the notice) within which and the manner in which representations with respect to the scheme can be made to the Commission.

4(1)Before submitting a scheme for confirmation the Commission shall cause a public local inquiry to be held.

(2)The inquiry to be held under this paragraph shall not be held before the expiration of the time within which representations may be made under any provision of the last foregoing paragraph.

(3)Subsections (2) and (3) of section two hundred and ninety of the Local Government Act, 1933 (which relate to the giving of evidence at local inquiries) shall apply to any inquiry held in pursuance of this paragraph as they apply to inquiries held under the said section two hundred and ninety.

5After considering any representations duly made and the report of the person by whom the inquiry was held the Commission shall submit the scheme to the Minister for confirmation, either as prepared or, subject to the provisions of paragraph 7 of this Schedule, with such modifications as appear to the Commission expedient.

6(1)The Commission shall, at the same time as they submit the scheme to the Minister, forward to him particulars of any such representations as aforesaid and the said report, and the Minister after considering the particulars and report may by order confirm the scheme either as submitted or, subject to the provisions of the next following paragraph, with such modifications as appear to him expedient.

(2)Forthwith after the scheme has been confirmed, the Minister shall lay a copy thereof as confirmed before Parliament, and the Commission—

(a)shall publish in the manner specified in head (a) of sub-paragraph (1) of paragraph 3 of this Schedule a notice in the prescribed form stating that the scheme has been confirmed and naming a place in the area to which the scheme relates where a copy of the scheme as confirmed and the map referred to therein may be inspected;

(b)serve a like notice on any person on whom a notice was required to be served under head (b) of the said sub-paragraph (1).

7Except with the consent of all persons interested, no modification shall be made by the Commission or the Minister under the two last foregoing paragraphs so as to include in the area to which the scheme relates any land which would not have been so included if the modification had not been made.

Coming into operation and validity of schemes.

8(1)A final scheme shall come into operation when confirmed by order of the Minister.

(2)Part IV of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946 (which makes provision as to the validity and date of operation of compulsory purchase orders and certificates under Part III of that Schedule) shall, with such adaptations as may be prescribed, apply in relation to an order confirming a scheme.

Variation of schemes.

9(1)Where it appears to the Commission that it is expedient to vary any final scheme which has come into operation, the Commission shall submit a report to the Minister setting out a provisional scheme for the variation thereof (in this paragraph referred to as a " varying scheme "), and if after considering the report of the Commission the Minister is of opinion that it is desirable to promote such a varying scheme, he shall direct the Commission to proceed with the preparation of a final varying scheme for submission to the Minister and confirmation by him.

(2)The foregoing provisions of this Schedule shall, with such adaptations as may be prescribed, apply in relation to varying schemes.

(3)Notwithstanding the variation of a scheme by one or more subsequent schemes, the reference in subsection (7) of section eighty-seven of this Act to the coming into operation of a scheme shall where the scheme has been varied be construed as a reference to the earliest date at which the land in question was included in the area to which the scheme, or the scheme as varied, related.

Section 110.

THIRTEENTH SCHEDULEEnactments Repealed.

Session and ChapterShort titleExtent of Repeal
8 Ed. 7. c. 36.The Small Holdings and Allotments Act, 1908.Section fifty.
6 & 7 Geo. 5. c. 38.The Small Holding Colonies Act, 1916.Section ten.
9 & 10 Geo. 5. c. 57.The Acquisition of Land (Assessment of Compensation) Act, 1919.In section seven, subsection (2).
9 & 10 Geo. 5. c. 91.The Ministry of Agriculture and Fisheries Act, 1919.Sections two to ten ; in section eleven, in subsection (2) the words from "and Parts II" to the end ; the Schedules.
13 & 14 Geo. 5. c. 9The Agricultural Holdings Act, 1923.Sections one to five and eight, in section nine in subsection (3) the words " standard or ", section ten, in section eleven subsection (3), sections twelve to fourteen, in section sixteen subsection (2), in section twenty-five paragraphs (a) and (b) of subsection (2), section twenty-six, in section twenty-nine the proviso, section thirty-three, in section thirty-seven the words " for disturbance or for any improvement ", . in section forty the words from " in relation to improvements" to " payable ", in section forty-nine the proviso to subsection (1) and subsections (3) to (5), section fifty, section fifty - two, in section fifty-six subsection (2), in section fifty-seven in subsection (1) the definitions of " agricultural committee ", " allotment garden ", " market garden ", " manuring ", and " rules of good husbandry " and subsection (3), and the First Schedule.
15 & 16 Geo. 5. c. 39.The Agricultural Returns Act, 1925.The whole Act, as well in its application to Scotland as in its application to England.
21 & 22 Geo. 5. c. 41.The Agricultural Land (Utilisation) Act, 1931Sections one to four.
22 & 23 Geo. 5. c. 12.The Destructive Imported Animals Act, 1932.Section four; in section five, subsection (4).
1 Ed. 8 and 1 Geo. 6. c. 70.The Agriculture Act, 1937.In section fifteen, in subsection (2) the words from "and except the council" to the end.
2 & 3 Geo. 6. c. 43.The Prevention of Damage by Rabbits Act, 1939.Part I
3 & 4 Geo. 6. c. 50.The Agriculture (Miscellaneous War Provisions) (No. 2) Act, 1940.In section one, subsection (2).
6 & 7 Geo. 6. c. 16.The Agriculture (Miscellaneous Provisions) Act. 1943.Section nine.
9 & 10 Geo. 6. c. 73.The Hill Farming Act, 1946.In section nine, subsections (4) to (6).

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