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The Hill Farming Improvements (Settled Land and Trusts for Sale) Regulations 1951

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Statutory Instruments

1951 No. 1816

AGRICULTURE

The Hill Farming Improvements (Settled Land and Trusts for Sale) Regulations, 1951

Made

3rd October 1951

Coming into Operation

15th October 1951

In pursuance of Section 11 of the Hill Farming Act, 1946, (as extended by the Livestock Rearing Act, 1951), and of all other powers enabling him in that behalf the Minister of Agriculture and Fisheries hereby makes the following Regulations:—

1.  These Regulations wich may be cited as the Hill Farming Improvements (Settled Land and Trusts for Sale) Regulations, 1951, apply to England and Wales and shall come into operation on the fifteenth day of October, 1951.

2.  The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

3.  Any operation set out in the Schedule hereto which is treated as an improvement for the purposes of the Hill Farming Act, 1946, as extended and amended by the Livestock Rearing Act, 1951, shall be treated for the purposes of the provisions of the Settled Land Act, 1925, and for the purposes of the said provisions as extended to trusts for sale by Section 28 of the Law of Property Act, 1925, as if it were an improvement of a permanent character included in the Third Schedule to the Settled Land Act, 1925, and specified in Part I thereof, (which specifies improvements the cost of which is not liable to be replaced by instalments).

4.  The Hill Farming Improvements (Settled Land and Trusts for Sale) Regulations, 1949(1), are hereby revoked.

In Witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this third day of October, nineteen hundred and fifty-one.

L.S.

Donald E. Vandepeer

Secretary

SCHEDULE

1.  Provision or improvement of permanent accommodation for the treatment of sheep or cattle.

2.  Provision or improvement of permanent pens and other permanent equipment for use for or in connection with the sheltering, gathering, marking or treatment of sheep or cattle.

3.  Restoration or improvement of permanent fences.

4.  Provision of grids designed or adapted to prevent the passage of sheep or cattle.

5.  Establishment of shelter belts.

EXPLANATORY NOTE

The Settled Land Act, 1925, the Law of Property Act, 1925, and the Agricultural Holdings Act, 1948, provide that where capital money held on trust under a settlement, or trust for sale, is spent on certain specified improvements of a permanent character, no provision need be made by the trustees of the capital money for requiring the money so spent to be replaced out of income. Many of the improvements which may be the subject of improvement schemes under the Hill Farming Act, 1946, are already included among such specified improvements, but Regulations may provide for other improvements made under the Hill Farming Act, 1946, to be included.

The Livestock Rearing Act, 1951, added to the improvements in respect of which grants may be made under the Hill Farming Act, 1946, and these regulations re-enact, with amendments, the Hill Farming Improvements (Settled Land and Trusts for Sale) Regulations, 1949, so as to include certain of these additional improvements.

(1)

I, p. 105.

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