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Agriculture (Miscellaneous Provisions) Act 1968 in Northern Ireland

1968 c. 34 · Enacted 3 July 1968 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 16 June 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 13(2)words insertedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 77
s. 7(1)words substitutedCriminal Justice Act 2003 Sch. 26 para. 21

Contents

  1. 1Prevention of unnecessary pain and distress for livestock. Repealed
  2. 2Regulations with respect to the welfare of livestock. Repealed
  3. 7Punishment of offences under Part I. Repealed
  4. 18–20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 21–37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. Part V: Miscellaneous and General
  7. Payments in respect of bacon, break crops and water supply
  8. 38–40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. Miscellaneous
  10. 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  11. 44Extension of Agricultural and Forestry Associations Act 1962.
  12. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. Supplemental
  15. 50Interpretation etc.—general.
  16. 51Orders, regulations and schemes.
  17. 52Repeals.
  18. 53Financial provisions.
  19. 54Short title, commencement and extent, etc.
  20. 1Paragraph 1
  21. 2Paragraph 2
  22. 3Paragraph 3
  23. 4Paragraph 4
  24. Schedule 7Schedule 7
  25. Schedule 8REPEALS.

1Prevention of unnecessary pain and distress for livestock.F1F2

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2Regulations with respect to the welfare of livestock.F1C1C2F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Punishment of offences under Part I.F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18–20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

21–37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

38–40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

44Extension of Agricultural and Forestry Associations Act 1962.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(1)

Section 1 of the M1Agricultural and Forestry Associations Act 1962 (which confers exemptions from Part I of the M2Restrictive Trade Practices Act 1956 for certain co-operative associations formed for purposes of agriculture or forestry) shall apply to corresponding associations of persons engaged in the business of catching or taking fish or shellfish, and accordingly shall have effect as if—

(a)

references to persons occupying land used for agriculture or forestry or both included references to persons engaged in the business aforesaid;

(b)

references to produce produced by members of an association on land so occupied and used, and to the production of such produce on such land, included references to fish or shellfish caught or taken by such members, and to the catching or taking of fish or shellfish, in the course of their business.

(2)

Without prejudice to the foregoing provision, the said section 1 shall apply to any co-operative association having as its object or primary object to assist its members—

(a)

in the carrying on of the businesses of agriculture or forestry or both on land occupied by them; or

(b)

in the carrying on of businesses consisting in the catching or taking of fish or shellfish,

whether or not the conditions specified in paragraphs (a) to (c) of subsection (1) of that section are satisfied; and for the purposes of this subsection “co-operative association” has the meaning assigned by subsection (9) of section 70 of the M3Finance Act 1965, and references to members of a co-operative association include references to members of any such association which is a member of that association.

(3)

The restrictions in respect of which exemption from Part I of the Restrictive Trade Practices Act 1956 is conferred by subsection (2) of the said section 1 shall include restrictions accepted or treated as accepted as mentioned in that subsection in respect of the production of produce, the catching or taking of fish or shellfish, or the supply of produce, fish or shellfish by members of an association to which the section applies.

(4)

This section shall be construed as one with the M4Agricultural and Forestry Associations Act 1962. C1

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

50Interpretation etc.—general.

(1)

Subject to subsection (7) of section 45 of this Act, in this Act—

  • “the Minister” means, except in the application of this Act to Scotland, the Minister of Agriculture, Fisheries and Food and, in the application of this Act to Scotland, the Secretary of State;

  • “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly; and

  • “notice” means notice in writing.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)

Any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment including an enactment in this Act.

(4)

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this subsection “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or undertaking or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

51Orders, regulations and schemes.

(1)

Any power conferred by this Act to make regulations or a scheme or an order (other than an order under section 23(1)(a)) shall be exercisable by statutory instrument.

(2)

Any statutory instrument containing an order or regulations made under any provision of this Act, other than an order under section 23(1)(b) and regulations under section 2, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

No scheme shall be made under this Act unless a draft of the scheme has been approved by each House of Parliament.

(4)

Any order or scheme made under any provision of this Act may be revoked or varied by a subsequent order or scheme made thereunder.

(5)

Any order, scheme or regulations under this Act may make different provision for different circumstances; and nothing in any other provision of this Act authorising the making of different provision for such different cases as may be specified in that provision shall be construed as prejudicing the generality of the power conferred by this subsection.

52Repeals.X1

The enactments mentioned in Schedule 8 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

53Financial provisions.

There shall be defrayed out of moneys provided by Parliament—

(a)

any expenses incurred by virtue of this Act by any Minister or government department . . . F1; and

(b)

any increase attributable to the provisions of this Act in the sums payable out of such moneys under any other Act;

and any sums received by the Minister or the Ministers by virtue of this Act shall be paid into the Exchequer.

54Short title, commencement and extent, etc.

(1)

This Act may be cited as the Agriculture (Miscellaneous Provisions) Act 1968.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

This Act, except Part IV and sections 10, 13, 47 and 48, extends to Scotland, and sections 11, 14 and 16 and Part III of this Act extend to Scotland only.

(4)

This Part of this Act, except sections 41, 42 and 46 to 48, extends to Northern Ireland; . . . F2

1

Subject to paragraph 4 of this Schedule, any dispute with respect to any sum which may be or become payable by virtue of section 12(1) of this Act shall be referred to and determined by the Lands Tribunal.

2

If in any case the sum to be paid by virtue of the said section 12(1) to the tenant of an agricultural holding by an acquiring authority would, apart from this paragraph and paragraph 3 of this Schedule, fall to be ascertained in pursuance of F1section 9(2) of this Actsection 60(4) of the Agricultural Holdings Act 1986 by reference to the rent of the holding at a rate which was not determined by arbitration under section 8 or section 9 of the principal Actsection 12 or section 13 of the Agricultural Holdings Act 1986 and which the authority consider is unduly high, the authority may make an application to the Lands Tribunal for the rent to be considered by the tribunal.

3

Where, on an application under paragraph 2 above, the tribunal are satisfied that—

(a)

the rent to which the application relates is not substantially higher than the rent which in their opinion would be determined for the holding in question on a reference to arbitration duly made in pursuance of F1section 8 of the principal Actsection 12 of the Agricultural Holdings Act 1986 on the date of the application (hereafter in this paragraph referred to as “the appropriate rent”); or

(b)

the rent to which the application relates is substantially higher than the appropriate rent but was not fixed by the parties to the relevant contract of tenancy with a view to increasing the amount of any compensation payable, or of any sum to be paid by virtue of the said section 12(1), in consequence of the compulsory acquisition or taking of possession of any land included in the holding,

they shall dismiss the application; and if the tribunal do not dismiss the application in pursuance of the foregoing provisions of this paragraph they shall determine that, in the case to which the application relates, the sum to be paid by virtue of the said section 12(1) shall be ascertained in pursuance of the said section 9(2)section 60(4) by reference to the appropriate rent instead of by reference to the rent to which the application relates.

4

The enactments mentioned in paragraph 5 of this Schedule shall, subject to any necessary modifications, have effect in their application to such an acquiring of an interest or taking of possession as is mentioned in subsection (1) of section 12 of this Act (hereafter in this paragraph referred to as “the relevant event”)—

(a)

in so far as those enactments make provision for the doing, before the relevant event, of any thing connected with compensation (including in particular provision for determining the amount of or the liability to pay compensation or for the payment of it into court or otherwise), as if references to compensation, except compensation for damage or injurious affection, included references to any sum which will become payable by virtue of the said subsection (1) in consequence of the relevant event; and

(b)

subject to sub-paragraph (a) above, as if references to compensation (except as aforesaid) included references to sums payable or, as the context may require, to sums paid by virtue of the said subsection (1) in consequence of the relevant event.

Schedule 7F1

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Schedule 8REPEALS.X1

ChapterShort titleExtent of repeal
1944 c. 28.The Agriculture (Miscellaneous Provisions) Act 1944.Section 5, except in its application to Scotland.
1958 c. 47.The Agricultural Marketing Act 1958.In section 53(2), the words from “as subserving” to “them”.
1961 c. 48.The Land Drainage Act 1961.Sections 1(2) and (3), 2 and 4(2) and (4).
In section 6(2), the words from “affixed” to “and”.
Section 7.
In section 8, sub-paragraph (ii) of subsection (1)(c), subsection (2), and in subsection (3) the words “or of the said subsection (2)” and the words “owner and”.
Section 9(4).
In section 10(3), the words “section 7 or”.
Section 14.
Section 22(3).
1963 c. 25.The Finance Act 1963.In Schedule 12, sub-paragraphs (1) to (6) of paragraph 24.
1964 c. 14.The Plant Varieties and Seeds Act 1964.Section 20(5).
In section 21(1), the words “but which is not in the Index”.
In Part II of Schedule 2, in paragraph 2(5), the words “which having been” and the words “has been found” onwards.