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Section 17 Duty to balance interests in exercise of agricultural functions.C1F1

England, Wales and Scotland

(1)

In discharging any functions connected with agriculture in relation to any land the Minister shall, so far as is consistent with the proper and efficient discharge of those functions, have regard to and endeavour to achieve a reasonable balance between the following considerations—

(a)

the promotion and maintenance of a stable and efficient agricultural industry;

(b)

the economic and social interests of rural areas;

(c)

the conservation and enhancement of the natural beauty and amenity of the countryside (including its flora and fauna and geological and physiographical features) and of any features of archaeological interest there; and

(d)

the promotion of the enjoyment of the countryside by the public.

(2)

In this section—

  • “agriculture” has the same meaning as in the M1Agriculture Act 1947 or, in Scotland, the M2Agriculture (Scotland) Act 1948; and

  • “the Minister” means—

    1. (a)

      in relation to land in England, the F2Secretary of State ; and

    2. (b)

      in relation to land in Wales or Scotland, the Secretary of State.

Annotations

Textual amendments

F1

Ss. 17-20 repealed (S.) (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), s. 38(2), sch. 2 Pt. 1; S.S.I. 2025/167, reg. 2, sch.

F2

Words in s. 17(2) in definition of "the Minister" substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 28 (with arts. 5(3), 6)

Marginal citations

M1

1947 c. 48.

M2

1948 c. 45.

Modifications

C1

S. 17 explained by Farm Land and Rural Development Act 1988 (c. 16, SIF 2:1), s. 4(2)