Agriculture Act 1967

PART V Miscellaneous

63 Financial assistance for certain bodies making agricultural loans.

(1) The amount of the advances which the Minister of Agriculture, Fisheries and Food may make to the Agricultural Mortgage Corporation Limited under section 2 of the [1956 c. 38.] Agricultural Mortgage Corporation Act 1956 for the purpose of increasing its guarantee fund shall be increased by seven million pounds, and accordingly in subsection (1) of that section, as amended by the [1958 c. 2 (7 & 8 Eliz. 2.).] Agricultural Mortgage Corporation Act 1958, for the words " five million pounds " there shall be substituted the words " twelve million pounds ".

(2) The amount of the advances which the Secretary of State may make to the Scottish Agricultural Securities Corporation Limited under section 2 of the [1944 c. 28.] Agriculture (Miscellaneous Provisions) Act 1944, as applied by section 8(b) of the said Act, for the purpose of increasing its guarantee fund shall be increased by one million five hundred and seventy-five thousand pounds, and accordingly in paragraph (ii) of the said section 8(b) for the words " four hundred and twenty-five thousand pounds" there shall be substituted the words " two million pounds ".

64 Grants towards fulfilling guarantees of bank loans to agriculture or horticulture businesses.

(1) Section 9 of the [1964 c. 28.] Agriculture and Horticulture Act 1964 (grants towards fulfilling guarantees of bank loans to horticulture businesses) shall not apply in relation to any guarantee given after 31st March 1966 (but the provisions of this section shall apply in relation to such guarantees).

(2) The Minister may, in such manner and subject to such conditions as he may with the approval of the Treasury determine, make a grant to any person in respect of expenditure incurred by that person in fulfilling a guarantee given by him as security for a loan made in the course of a banking business to a person requiring the loan for the purposes of an agriculture or horticulture business carried on by him, where—

(a) the guarantee was given during the period of three years beginning on 1st April 1966, or

(b) the guarantee was given in the year ending on 31st March 1966 and the grant could not be given under the said section 9 of that Act of 1964 and is given after the end of the said year.

(3) The aggregate of sums paid by way of grant under this section or the said section 9 of the Act of 1964 in the year ending on 31st March 1967 shall be subject to a limit of three hundred thousand pounds increased, where the aggregate—

(a) of sums paid by way of grant under the said section 9 of the Act of 1964 at any time before the end of the last preceding year, together with

(b) sums paid out of money provided by Parliament by the Minister by way of grant before the coming into force of this section in respect of expenditure incurred in fulfilling guarantees given as security for loans made in the course of a banking business to persons requiring the loans for the purposes of a business which is an agriculture or horticulture business, as defined by this section but not a horticulture business as defined in the said section 9 of the Act of 1964,

fell short of four hundred thousand pounds, by the amount of the difference.

(4) The aggregate of sums paid by way of grant under this section or the said section 9 of the Act of 1964 in the year ending on 31st March 1968 or in any subsequent year shall be subject to a limit of three hundred thousand pounds increased, where the aggregate of sums so paid in the last preceding year falls short of the limit for that year (whether it be the limit under this or the last foregoing subsection), by the amount of the difference or six hundred thousand pounds, whichever is the less.

(5) Subsection (2) of the said section 9 of the Act of 1964 (which imposes limits on grants under that section) shall not apply to grants made after 31st March 1966.

(6) Sums paid by way of grant under this section shall to such extent as the Ministers may from time to time determine be treated for the purposes of section 3 of the [1957 c. 57.] Agriculture Act 1957 (guaranteed prices) as production grants.

(7) The Minister may from time to time, by order made by statutory instrument with the approval of the Treasury, extend or further extend the period mentioned in subsection (2) (a) above by such additional period, not exceeding five years, as may be specified in the order; but an order under this subsection shall be of no effect unless laid before and approved by resolution of the Commons House of Parliament.

(8) In this section—

• " agriculture or horticulture business " means either—

  (a)

  a business which consists, or so much of a larger business as consists, of the producing in the United Kingdom of agricultural or horticultural produce for sale or of the producing in the United Kingdom of agricultural or horticultural produce for sale and its storage, preparation for market or transport, or

  (b)

  the activities of any co-operative association so far as they consist of assisting members in the production in the United Kingdom of agricultural or horticultural produce for sale by the provision of buildings, equipment, facilities or services required in connection therewith, or

  (c)

  a co-operative marketing business ;

• " agricultural or horticultural produce " means anything (whether live or dead) produced in the course of agriculture and without prejudice to the generality of that definition the expression " agricultural or horticultural produce" shall include all horticultural produce as defined in section 8(1) of the [1960 c. 22.] Horticulture Act 1960;

• " co-operative marketing business " means a business carried on by a co-operative association and consisting of, or so much of a larger business so carried on as consists of, the storage, preparation for market or marketing, for the sole or primary purpose of assisting members engaged in the production in the United Kingdom of agricultural or horticultural produce for sale, of agricultural or horticultural produce produced by members of the association;

• " co-operative association " means—

  (a)

  a registered society as defined in section 74 of the [1965 c. 12.] Industrial and Provident Societies Act 1965 or a society registered under the Industrial and Provident Societies Acts (Northern Ireland) 1893 to 1963, or

  (b)

  any body which (whether incorporated or not) has a written constitution from which the Minister is satisfied, having regard to any provision as to the manner in which profits of the body are to be applied for the benefit of its members and all other relevant provisions, that the body is in substance a cooperative association;

• " the Minister " means the Minister of Agriculture, Fisheries and Food;

• " year " means a period of twelve calendar months. (9) This section extends to Northern Ireland.

65 Grants for keeping farm business records.

(1) With a view to encouraging the keeping of records which will enable persons carrying on any farm business to reach sound decisions on the management of the business, the appropriate Minister may with the approval of the Treasury make to any such person grants out of money provided by Parliament for the keeping to the satisfaction of the appropriate Minister of records of the business containing such information provided in such form as the appropriate Minister may specify, and subject to compliance with conditions laid down by the appropriate Minister.

(2) Grants under this section shall be in respect of periods of twelve months, or approximately twelve months, and not more than three grants shall be paid to any one person; and for the purposes of this subsection a partnership, a body of trustees or the personal representatives of a deceased person shall be treated as being a single and continuing body of persons distinct from the persons who may from time to time be partners, trustees or personal representatives.

(3) The appropriate Minister may select the cases for payment of grant under this section in such manner as he thinks fit, and—

(a) may operate this section within a selected area in England or Wales or Scotland or Northern Ireland as the case may be,

(b) may restrict its operation to selected classes or descriptions of farm business, and

(c) may require the records to be kept by persons of such descriptions as he may determine.

(4) An application for grant under this section shall be made before the beginning of the period for which grant is to be made, and no such application shall be made more than five years after the coming into force of this section, but the appropriate Minister may from time to time by order contained in a statutory instrument, of which a draft has been laid before and approved by the Commons House of Parliament, extend or further extend the said period of five years by such additional period, not exceeding five years, as may be specified in the order.

(5) Grants made under this section shall be treated as production grants for the purposes of section 3 of the [1957 c. 57.] Agriculture Act 1957.

(6) In this section " farm business " means a trade or business consisting in, or such part of any trade or business as consists in, the carrying out of agricultural operations on land comprised in the business.

(7) Where before the coming into force of this section the appropriate Minister, with a view to making a grant out of money provided by Parliament for purposes corresponding to the purposes of this section, has approved any arrangements which might have been the subject of an application under this section if then in force, any grant payable in accordance with the arrangements after the coming into force of this section shall be paid out of money provided by Parliament.

(8) This section extends to Northern Ireland.

66 Diseases of animals.

(1) Without prejudice to the generality of section 4 of the [1950 c. 36.] Diseases of Animals Act 1950 (expenditure for eradication of disease), the Ministers shall have power, with the approval of the Treasury, to afford veterinary services, including diagnostic services, whether free of charge or not, to persons who carry on livestock businesses and participate in arrangements approved by the Ministers as being satisfactory arrangements for keeping their stock so far as practicable free from disease and in good health.

(2) The said section 4 shall have effect in relation to poultry as it has effect in relation to animals and section 46 of that Act (which is superseded by the provisions of the said section 4 as so applied) shall cease to have effect.

(3) In this section " the Ministers " means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, and in this section " disease " shall not be taken as restricted by the definition of that expression in the Diseases of Animals Act 1950.

(4) There shall be paid out of money provided by Parliament any sums required to be so paid in consequence of the provisions of this section.

67 Sick pay for agricultural workers.

(1) The minimum rates of wages for workers employed in agriculture which the Agricultural Wages Board has power to fix under section 3(1)(a) of the [1948 c. 47.] Agricultural Wages Act 1948 ; may include minimum rates of wages for periods when a worker so employed is absent in consequence of sickness or injury, and may include them notwithstanding that under the contract of employment no remuneration is payable in respect of any such period.

(2) In section 3(7) of the said Act, and paragraph 5 of Schedule 4 to that Act (which authorise—

(a) the fixing of a minimum rate of wages so that remuneration received is calculated by reference to periods during the currency of employment, and

(b) alternative provisions applying according to different circumstances arising during the currency of employment)

references to currency of employment shall, in accordance with subsection (1) of this section, include periods of sickness or injury.

(3) An order of the Agricultural Wages Board which fixes minimum rates of wages for periods when a worker is absent in consequence of sickness or injury—

(a) may treat a period of sickness or injury as being during the currency of employment notwithstanding that the contract of employment has terminated, but not where the contract of employment is terminated by notice given before the commencement of the sickness or the occurrence of the injury,

(b) may limit the period or periods for which a minimum rate of wages is so fixed in any way, and in particular may relate the period or periods to the duration of the period for which the worker has worked for the employer,

(c) may make the right to the minimum rate of wages depend on compliance by the worker with any conditions, including in particular conditions as to the production of a medical certificate or other evidence of incapacity for work due to sickness or injury,

(d) may provide for the times at which, and conditions subject to which, the right to receive wages at the minimum rate is to accrue, and the wages are to become payable,

(e) may provide for account to be taken, in arriving at the minimum rate of wages, of any benefits payable under the [1965 c. 51.] National Insurance Act 1965 or the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965.

(4) Subsection (1) of this section shall not alter the construction of any order made under the said Act before the passing of this Act.

(5) Section 17 of the said Act shall apply for the interpretation of this section.

(6) In the application of this section to Scotland—

(a) any reference to the Agricultural Wages Board shall be construed as a reference to the Scottish Agricultural Wages Board;

(b) any reference to the [1948 c. 47.] Agricultural Wages Act 1948 shall be construed as a reference to the [1949 c. 30.] Agricultural Wages (Scotland) Act 1949; and

(c) any reference to paragraph 5 of Schedule 4 to the said Act of 1948 shall be construed as a reference to paragraph 5 of Schedule 3 to the said Act of 1949.

68 Application of capital money in payment of improvement rentcharges.

Section 73(1)(xiii) of the [1925 c. 18.] Settled Land Act 1925 (under which capital money arising under that Act may be applied in the redemption of improvement rentcharges) shall, in its application to any charge created under the [1864 c. 114.] Improvement of Land Act 1864 in respect of an improvement benefiting agricultural land, and its application by virtue of section 3(3) of the [1932 c. 35.] Agricultural Credits Act 1932 to the repayment secured by any mortgage, have effect as if the reference to redemption included a reference to discharging as it falls due so much of any periodical payment as represents repayment of capital.

69 False statements to obtain grants, etc.

(1) If any person, for the purpose of obtaining for himself or any other person—

(a) any grant under this Act, or any payment under section 12 thereof, or

(b) in England or Wales, any grant under section 15 of the [1940 c. 14.] Agriculture (Miscellaneous War Provisions) Act 1940 or section 5 of the [1944 c. 28.] Agriculture (Miscellaneous Provisions) Act 1944 (grants in respect of field drainage, improvement of ditches, and the supply of water to agricultural land and farm-houses and cottages), or

(c) any payment under section 13 of the [1946 c. 73.] Hill Farming Act 1946 (subsidies for hill sheep and hill cattle), or

(d) any payment under the [1952 c. 62.] Agriculture (Calf Subsidies) Act 1952, or

(e) any grant under section 10(1) of the [1963 c. 11.] Agriculture (Miscellaneous Provisions) Act 1963 (winter keep grants),

or for the purpose of inducing the appropriate Minister or a Rural Development Board to make a loan or guarantee under section 28 or section 47 of this Act, knowingly or recklessly makes a false statement he shall be liable—

(i) on summary conviction to a fine not exceeding one hundred pounds or imprisonment for a term not exceeding three months or both,

(ii) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.

(2) This section extends to Northern Ireland.

70 Guaranteed prices: minor amendments as respects powers of entry and offences.

(1) In the application in Northern Ireland of section 5(1)(d) of the [1957 c. 57.] Agriculture Act 1957 (powers of entry in connection with guaranteed prices) and any order made thereunder before the coming into force of this section, references to authorised officers of the Minister shall include references to authorised officers of the Ministry of Agriculture for Northern Ireland.

(2) In section 7(3)(b) of that Act (penalty for altering, concealing or defacing a mark applied to produce) the word " removes " shall be added before the words " alters, conceals or defaces ".

(3) This section extends to Northern Ireland.