Agriculture (Miscellaneous Provisions) Act 1949

10 Amendments with respect to certain smallholdings.

(1) Subsection (1) of section eleven of the Agricultural Holdings Act, 1948 (which gives a tenant of an agricultural holding full rights of disposal of produce and cropping of arable land notwithstanding any contrary provisions of his contract of tenancy) shall not apply to a tenancy of a smallholding as defined in Part IV of the Agriculture Act, 1947, granted in pursuance of a scheme which provides for the disposal of the produce of such holdings or provides other centralised services for the use of the tenants of such holdings, being in either case a scheme approved by the Minister of Agriculture and Fisheries for the purposes of paragraph (c) of subsection (4) of the said section eleven; and accordingly in the said paragraph, for the word " being " there shall be substituted the words " or a scheme which provides for the disposal of the produce of such holdings or provides other centralised services for the use of the tenants of such holdings, being in any case " , and the said paragraph shall have effect as set out in Part II of the Schedule to this Act.

(2) Where it appears to the said Minister that the provisions of any scheme approved by him for the purposes of paragraph (c) of subsection (4) of the said section eleven, as amended by the preceding subsection, are not being satisfactorily carried out, he may serve a notice on the persons responsible for the management of the scheme stating that on such date, not being earlier than one month after the service of the notice, as may be specified therein, the provisions of subsection (1) of the said section eleven will apply to the tenancies granted in pursuance of the scheme, and that his approval to that scheme will then cease to have effect", and the Minister shall give to the said persons an opportunity of making representations to him and, if the said notice is not withdrawn by the Minister before the said date, the said subsection (1) shall as from that date apply to the said tenancies.

(3) The power of a smallholdings authority under section fifty-one of the Agriculture Act, 1947, to carry out arrangements for the disposal by them of the produce of smallholdings provided by them shall not be limited to the carrying out of such arrangements for the purposes of co-operative schemes for the conduct of such smallholdings, and accordingly paragraph (b) of subsection (3) of the said section fifty-one shall have effect with the omission of the words " for the purposes of such schemes as aforesaid ".