Agriculture Act 1947

14 Directions to secure good estate management and good husbandry.

(1) Where a supervision order is in force, the Minister, after affording to the person to whom the order relates an opportunity of making representations to the Minister, whether in writing or on being heard by a person appointed by the Minister, may by notice in writing served on the person to whom the order relates give to that person such directions as the Minister is satisfied are required—

(a) where the order is for the supervision of the management of land, to secure that the said person fulfils his responsibilities to manage the land in accordance with the rules of good estate management;

(b) where the order is for the supervision of the farming of an agricultural unit, to secure that the said person fulfils his responsibilities to farm the unit in accordance with the rules of good husbandry.

(2) Without prejudice to the generality of the provisions of the last foregoing subsection, in so far as it appears to the Minister requisite for the purposes of that subsection—

(a) a direction under paragraph (a) thereof may impose requirements, restrictions or prohibitions as to the carrying out of work and may require that the management to which the direction relates shall be entrusted to a person appointed by the owner to whom the direction relates and approved by the Minister;

(b) a direction under paragraph (b) thereof may impose requirements, restrictions or prohibitions as to the carrying out of work and as to the purpose for which and the manner in which land is to be used for agricultural production:

Provided that a direction under the said paragraph (b) shall not be given to the tenant of a holding (as defined in the [13 & 14 Geo. 5. c. 9.] Agricultural Holdings Act, 1923, and Part III of this Act) to carry out on the holding any improvement falling within Part I of the Third Schedule to this Act unless either the landlord has (whether on the application of the tenant or of the Minister) consented in accordance with the said Part III to the carrying out of the improvement or by virtue of the provisions of the said Act of 1923 and this Act relating to market gardens compensation for the carrying out of the improvement does not depend on the landlord's consent thereto.

(3) Any direction requiring only the doing of one or more of the following things, that is to say, the provision, improvement, maintenance or repair of fixed equipment, which could be given under subsection (1) of this section while a supervision order is in force may be given notwithstanding that no such order is in force.

(4) If any person to whom a direction is given under this section contravenes or fails to comply with the direction, he shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(5) Without prejudice to the bringing of proceedings under the last foregoing subsection, where a direction under this section to carry out any work is not complied with any person authorised by the Minister in that behalf may enter upon the land to which the direction relates and any other land managed or, as the case may be, farmed in conjunction therewith, and carry out the work required by the direction, and the reasonable cost of carrying out work in the exercise of powers conferred by this subsection shall be recoverable by the Minister from the person to whom the direction was given.

(6) Any dispute arising under the last foregoing subsection as to what is the reasonable cost of any work shall be determined by the arbitration of an arbitrator appointed in default of agreement by the President of the Royal Institution of Chartered Surveyors.

(7) Any person who obstructs a person acting in the exercise of powers conferred by subsection (5) of this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both such imprisonment and such fine.

(8) Where a direction under this section provides for the doing of anything within a specified time and (whether before or after the expiration of the said time) the Minister is satisfied that it is reasonable that the said time should be extended, he may extend it accordingly.