PART II FARM STRUCTURE AND FARM IMPROVEMENTS, AND PROMOTION OF AGRICULTURAL INVESTMENT

Supplemental

39 Provisions relating to Northern Ireland.

F1(1)

Subject to this section, this Part of this Act shall extend to Northern Ireland with the exception of section 28 and section 38 and, subject to the following provisions of this section, of section 29.

(2)

F2The Department of Agriculture for Northern Ireland may acquire by agreement any estate or interest in—

(a)

any land used for agriculture,

(b)

any other agricultural land,

(c)

where any such land as is mentioned in paragraph (a) or (b) above is offered to the said F2Department for acquisition by it on the condition that it also acquires other land not falling within either of those paragraphs, that other land,

for the purpose of effecting amalgamations of agricultural land and reshaping agricultural units.

(3)

The said F2Department may manage, farm or dispose of land acquired by it under subsection (2) above—

(a)

in such manner as appears to the said F2Department expedient for the purpose for which the land was acquired,

(b)

if the said F2Department is satisfied that the land ought to be devoted to some other purpose, in such manner as appears to the said F2Department expedient therefor,

F3and in section 27(1)(b)of this Act as it applies in Northern Ireland the reference to the appropriate Minister shall include a reference to the said F2Department.

Section 45(3) of the M1Interpretation Act (Northern Ireland) 1954 shall have effect for the purposes of this subsection as it has effect for the purposes of an enactment of the Parliament of Northern Ireland passed after the commencement of that Act.

(4)

Sections 4 and 5 of the M2Land Law (Ireland) Act 1881 shall not have effect in relation to any tenancy granted by the said F2Department under subsection (3) above.

(5)

Subsections (2) and (3) above shall in particular confer power to enter into transactions involving loss, including transactions corresponding to those into which the appropriate Minister may enter under section 29(2) of this Act.

F4F5(5A)

F6Sections 26(1)(a) and (bb) and 27(5B) of this Act shall, in their application to Northern Ireland, have effect as if references to a tenant as defined in the Acts there mentioned were references to a tenant who holds under a contract of tenancy for a life or lives or for a term of years.

(6)

Section 29(3) of this Act, and Schedule 3 to this Act when read with the said section 29(3), shall apply in Northern Ireland as if—

(a)

the said F2Department were substituted for the appropriate Minister,

(b)

the reference to legal costs in the said section 29(3)(a) included a reference to the costs of obtaining any requisite consent of F2the Department of Finance for Northern Ireland,

(c)

the said section 29(3)(a) included a reference to compensation for disturbance under section 3 of the M3Landlord and Tenant (Ireland) Act 1870.

F7(7)

The functions conferred by this section on the said F2Department shall be exercised in accordance with arrangements made between the F2Department and the Minister of Agriculture, Fisheries and Food with the approval of the Treasury, and the Minister of Agriculture, Fisheries and Food shall pay out of money provided by Parliament any expenses incurred by the said F2Department in exercising those functions, and any sums received by that F2Department in exercising those functions (including any sums so received or recovered under Schedule 3 to this Act) shall be paid over to the said Minister.