Hill Farming Act 1954 (repealed)

Hill Farming Act 1954

1954 CHAPTER 23 2 and 3 Eliz 2

An Act to amend section ten of the Hill Farming Act, 1946, and to provide for the registration of conditions applied to cottages under that section.

[26th March 1954]

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

1 Amendments of s. 10 of Hill Farming Act, 1946. U.K.

(1) Section ten of the M1 Hill Farming Act, 1946 (which requires regulations to be made by the appropriate Minister for attaching conditions as to the occupation and maintenance of cottages in respect of which improvement grants are made under that Act, as amended by subsequent enactments, and for the recovery of such grants in the event of a breach of those conditions) shall have effect subject to the following provisions of this section.

(2) So much of paragraph (a) of subsection (1) of the said section ten as requires that the conditions to be applied to a cottage by regulations made thereunder shall include a condition prohibiting the occupation of the cottage otherwise than by the owner or a tenant thereof shall cease to have effect; but in relation to a cottage which is for the time being occupied in pursuance of a contract of service by a person who is not a tenant of the cottage, the said conditions shall include a condition corresponding—

(a) in the case of regulations for England and Wales or Northern Ireland, with the condition set out in subsection (4) of section two of the M2 Housing Act, 1952 (which secures the possession of the occupier for four weeks if the contract of service is determined by the employer or by death);

(b) in the case of regulations for Scotland, with the condition set out in subsection (2) of section six of the M3 Housing (Scotland) Act, 1952 (which makes corresponding provision in Scotland).

(3) Regulations made for the purposes of paragraph (b) of the said subsection (1) (which provides for the recovery of sums paid on account of grant in the event of a breach of conditions) shall provide—

(a) for enabling the appropriate Minister to suspend the operation of the regulations in respect of any such breach which appears to that Minister to be capable of being remedied, and to except therefrom any such breach which is remedied to the satisfaction of that Minister within such period as he may allow or which appears to that Minister not to have been due to any act, default or connivance on the part of the person from whom any sums would be recoverable thereunder;

(b) for limiting the amount recoverable under the regulations in the case of any other breach of conditions in respect of a cottage by reference to the extent to which the period for which those conditions were applied to the cottage remains unexpired at the date of the breach.

(4) In any case where sums on account of an improvement grant in respect of a cottage are paid to a person not being the owner of the cottage, regulations made for the purposes of the said paragraph (b) may provide for recovery from that person, or his successors in title, instead of from the owner; and the said paragraph shall have effect as if for the words “payable to him” there were substituted the words “payable on account of the grant”.

(5) Regulations made under the said section ten may be made so as to apply (subject to such modifications, if any, as may be specified therein) to cottages in respect of which improvement grants have been made before the date on which the regulations come into force, and shall be so made so far as necessary for giving effect to subsections (2) and (3) of this section.

Marginal Citations

M1 1946 c. 73.

M2 1952 c. 53.

M3 1952 c. 63.

2 Registration of conditions applied to cottages under s. 10 of the Hill Farming Act, 1946. U.K.

(1) Any conditions applied to a cottage in England or Wales by virtue of regulations made after the passing of this Act under the said section ten [F1 shall be a local land charge]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3) Where any conditions apply to a cottage in Scotland by virtue of regulations made as aforesaid the appropriate Minister shall cause to be recorded in the appropriate Register of Sasines a notice in such form as may be prescribed by the said regulations specifying the conditions which by virtue of the said regulations apply to the cottage; and where the aforesaid conditions cease to apply to a cottage [F3 by virtue of such a payment to the appropriate Minister as is referred to in section 10(2) of the M4 Hill Farming Act, 1946] the appropriate Minister shall cause to be recorded in the appropriate Register of Sasines a notice in a form prescribed as aforesaid stating that the conditions no longer apply to the cottage.

(4) Any conditions applied to a cottage in Northern Ireland by virtue of regulations made as aforesaid shall be included amongst the matters which are required to be registered in the Statutory Charges Register; . . . F4

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Words substituted (with savings) by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19, Sch. 1

F2 S. 2(2) repealed (with savings) by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19, Sch. 1, Sch. 2

F3 Words inserted by Agriculture Act 1970 (c. 40), s. 102(2)

F4 Words repealed by Land Registration Act (Northern Ireland) 1970 (c. 18), Sch. 14

F5 S. 2(5) repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 41(1), Sch. 6 Pt. I

Marginal Citations

M4 1946 c. 73.

3 Short title, citation, construction and commencement. U.K.

(1) This Act may be cited as the Hill Farming Act, 1954; and the M5 Hill Farming Act, 1946, the M6 Livestock Rearing Act, 1951, and this Act may be cited together as the Hill Farming and Livestock Rearing Acts, 1946 to 1954.

(2) This Act shall be construed as one with section ten of the Hill Farming Act, 1946.

(3) This Act shall come into operation at the expiration of a period of two months beginning with the date on which it is passed.

Marginal Citations

M5 1946 c. 73.

M6 1951 c. 18.