(1)It shall be lawful for a farmer as defined by this Act by instrument in writing to create in favour of a bank as so defined a charge (hereinafter referred to as an agricultural charge) on all or any of the farming stock and other agricultural assets belonging to him as security for sums advanced or to be advanced to him or paid or to be paid on his behalf under any guarantee by the bank and interest, commission and charges thereon.
(2)An agricultural charge may be either a fixed charge, or a floating charge, or both a fixed charge and a floating charge.
(3)The property affected by a fixed charge shall be such property forming part of the farming stock and other agricultural assets belonging to the farmer at the date of the charge as may be specified in the charge,but may include—
(a)in the case of live stock, any progeny thereof which may be born after the date of the charge; and
(b)in the case of agricultural plant, any plant which may whilst the charge is in force be substituted for the plant specified in the charge.
(4)The property affected by a floating charge shall be the farming stock and other agricultural assets from time to time belonging to the farmer, or such part thereof as is mentioned in the charge.
(5)The principal sum secured by an agricultural charge may be either a specified amount, or a fluctuating amount advanced on current account not exceeding at any one time such amount (if any) as may be specified in the charge, and in the latter case the charge shall not be deemed to be redeemed by reason only of the current account having ceased to be in debit.
(6)An agricultural charge may be in such form and made upon such conditions as the parties thereto may agree, and sureties may be made parties thereto.
(7)For the purposes of this Part of this Act—
“Farmer” means any person (not being an incorporated company or society) who, as tenant or owner of an agricultural holding, cultivates the holding for profit; and “agriculture” and “cultivation” shall be deemed to include horticulture, and the use of land for any purpose of husbandry, inclusive of the keeping or breeding of live stock, poultry, or bees, and the growth of fruit, vegetables, and the like;
[F1“Bank” means—
“Farming stock” means crops or horticultural produce, whether growing or severed from the land, and after severance whether subjected to any treatment or process of manufacture or not; live stock, including poultry and bees, and the produce and progeny thereof; and other agricultural or horticultural produce whether subjected to any treatment or process of manufacture or not; seeds and manures; agricultural vehicles, machinery, and other plant; agricultural tenant’s fixtures and other agricultural fixtures which a tenant is by law authorised to remove;
“Other agricultural assets” means a tenant’s right to compensation under the [F4Agricultural Holdings Act 1986, except under section 60(2)(b) or 62,]for improvements, damage by game, disturbance or otherwise [F5a tenant’s right to compensation under section 16 of the Agricultural Tenancies Act 1995], and any other tenant right.
[F6(7A)Paragraphs (b) and (c) of the definition of “Bank” in subsection (7) must be read with—
(a)section 22 of the Financial Services and Markets Act 2000;
(b)any relevant order under that section; and
(c)Schedule 2 to that Act.]
Textual Amendments
F1Definition of “bank” in s. 5(7) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 267(1)
F2Words in s. 5(7) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 28 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3Words in s. 5(7) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 24 (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)
F4Words substituted by Agricultural Holdings Act 1986 (c. 5 SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 16
F6S. 5(7A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 267(2)
Modifications etc. (not altering text)
C1S. 5(7) modified (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 3.