Agriculture Act (Northern Ireland) 1949

N.I. Emergency Directions to Secure Production

21 Emergency directions to secure production. N.I.

(1) Where it appears to the Ministry necessary in order to safeguard in the public interest the supply of food or other agricultural products, the Ministry may by regulation prescribe that all or any of the powers conferred on it by the next succeeding sub-section shall be exercisable by it for a period of one year from the making of the regulation…F1 .

(2) During the period for which the said powers are exercisable the Ministry may give such directions—

(a) as to the use of agricultural land for any of the purposes of agriculture and the manner in which and the produce for which it is to be so used;

(b) as to the carrying out of any work necessary to enable agricultural land to be used as directed under paragraph ( a) of this sub-section;

(c) as to any other matters as to which directions may be given to an occupier of agricultural land to which an improvement notice relates;

(d) without prejudice to the general powers conferred by the preceding paragraphs, as to the cultivation of agricultural land including directions requiring a minimum proportion of agricultural land to be cultivated and maintained in cultivation;

as appear to the Ministry expedient for the purpose aforesaid and reasonable having regard to the circumstances, and such directions may be given either—

(i)

by order relating to all agricultural land or to land of any class or description specified in the order; or

(ii)

by notice relating to the land specified therein served on the person who is to comply with the directions.

(3) If any person refuses or neglects to comply with or acts in contravention of any direction given to him by virtue of this section or served on him under sub-section (2) of the next succeeding section, he shall be liable on summary conviction to a fine not exceeding[F2 level 3 on the standard scale] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) Sub-sections (2) to (5) of section twenty of this Act shall apply in relation to directions given by virtue of this section or served under sub-section (2) of the next succeeding section as they apply in relation to directions given under section nineteen of this Act.

(5) The provisions of sub-section (6) of section nineteen of this Act shall have effect where a direction is given under this section requiring the ploughing-up of permanent pasture or the performing of other acts of cultivation.

(6) Nothing done or omitted by an occupier in pursuance of a direction under this section shall be treated as a failure to maintain land in good condition or to farm it in accordance with the rules of good husbandry, so long as the act or omission was reasonably necessary in consequence of the giving of the direction.

(7) Any period for which the powers conferred on the Ministry by sub-section (2) of this section are exercisable shall be extended by a further year if the Ministry by regulation made not earlier than one month before the date on which the said period would otherwise expire prescribes that the said period shall be so extended.

(8) The expiration of the said period shall not affect the operation of any direction or order previously given or made (as the case may be) under this section.

(9) Regulations made under this section shall not come into operation unless and until a draft thereof has been laid before each House of Parliament and confirmed by a resolution of each such House.

F1 SLR 1976

F2 1984 NI 3