OpenLegislation

Agriculture (Miscellaneous Provisions) Act 1968 in Scotland

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

An Act to make further provision with respect to the welfare of livestock; to provide for additional payments for certain tenants of agricultural holdings who receive compensation for disturbance in respect of their holdings or whose land is acquired or taken possession of compulsorily or whose landlords resume possession of the land for non-agricultural purposes; to make further provision with respect to the termination of tenancies of agricultural holdings in Scotland acquired by succession; to make further provision for England and Wales with respect to drainage charges, drainage rates and grants and advances to drainage authorities; to provide for payments in respect of bacon and grants in respect of break crops and the supply of water to certain buildings; to make further provision with respect to the compensation of tenants of agricultural holdings whose land is acquired or taken possession of compulsorily; to amend section 3 of the Parks Regulation (Amendment) Act 1926, the Agricultural Wages Act 1948 and the Agricultural Wages (Scotland) Act 1949, the Restrictive Trade Practices Act 1956 in its application to agricultural marketing boards, section 53(2) of the Agricultural Marketing Act 1958, section 1 of the Agricultural and Forestry Associations Act 1962, the Plant Varieties and Seeds Act 1964 and section 49 of the Agriculture Act 1967; and for purposes connected with the matters aforesaid.

[3rd July 1968] I1

Annotations to the whole text

Commencement

I1

Act not in force at Royal Assent; Act wholly in force at 3.9.1968 see s. 54(2).

Contents

  1. Part I: WELFARE OF LIVESTOCK
  2. 1Prevention of unnecessary pain and distress for livestock. Repealed
  3. 2Regulations with respect to the welfare of livestock. Repealed
  4. 3Codes of recommendations for the welfare of livestock. Repealed
  5. 4Expenditure on free advice on the welfare of livestock.
  6. 5Extension of classes of operations in which anaesthetics must be used.
  7. 6Powers of entry, etc. Repealed
  8. 7Punishment of offences under Part I. Repealed
  9. 8Interpretation etc. of Part I.
  10. Part II: ADDITIONAL PAYMENTS TO TENANT FARMERS
  11. 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  12. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  15. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  16. Part III
  17. 18–20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  18. 21–37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  19. Part V: Miscellaneous and General
  20. Payments in respect of bacon, break crops and water supply
  21. 38–40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  22. 41Grants towards cost of water supply to agricultural buildings.
  23. Miscellaneous
  24. 42Compensation in connection with compulsory acquisition etc. of agricultural holdings.
  25. 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  26. 44Extension of Agricultural and Forestry Associations Act 1962.
  27. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  28. 46Further functions of agricultural wages committees.
  29. 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  30. Supplemental
  31. 50Interpretation etc.—general.
  32. 51Orders, regulations and schemes.
  33. 52Repeals.
  34. 53Financial provisions.
  35. 54Short title, commencement and extent, etc.
  36. Schedule S 1, 2Schedule S 1, 2
  37. 1Paragraph 1
  38. 2Paragraph 2
  39. 3Paragraph 3
  40. 4Paragraph 4
  41. Schedule 4 . . .
  42. 1Paragraph 1 Repealed
  43. 2Paragraph 2 Repealed
  44. 3Paragraph 3 Repealed
  45. 4Paragraph 4 Repealed
  46. 5Paragraph 5 Repealed
  47. 6Paragraph 6 Repealed
  48. Schedule 5 . . .
  49. 1Paragraph 1 Repealed
  50. 2Paragraph 2 Repealed
  51. 3Paragraph 3 Repealed
  52. 4Paragraph 4 Repealed
  53. 5Paragraph 5 Repealed
  54. 6Paragraph 6 Repealed
  55. 7Paragraph 7 Repealed
  56. 8Paragraph 8 Repealed
  57. Schedule 7Schedule 7
  58. Schedule 8REPEALS.

1Prevention of unnecessary pain and distress for livestock.F1F2

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2Regulations with respect to the welfare of livestock.F1C1C2F2

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3Codes of recommendations for the welfare of livestock.F1C1C2F2 E+W+S

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

4Expenditure on free advice on the welfare of livestock.F1 S

Without prejudice to the generality of his powers to incur expenditure under the enactments relating to the eradication and prevention of diseases of animals, the Minister may, with the approval of the Treasury, spend such sums as he thinks fit on the giving of advice, free of charge to persons concerned with livestock on matters relating to the welfare of livestock.

5Extension of classes of operations in which anaesthetics must be used.C1C2F1 S

The Ministers may, after consultation with the Royal College of Veterinary Surgeons and with such persons appearing to the Ministers to represent any other interests concerned as the Ministers consider appropriate, by order provide that paragraphs 7 and 8 of Schedule 1 to the M1Protection of Animals (Anaesthetics) Act 1954 (which exempt certain minor operations from the requirement to use anaesthetics imposed by that Act) shall not permit the performance, either in any circumstances or in such circumstances as may be specified in the order, of such operations as may be so specified.

6Powers of entry, etc.F1F2 E+W+S

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7Punishment of offences under Part I.F1F2

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8Interpretation etc. of Part I.F1F2 S

C1(1)

In this Part of this Act—

  • F3...

  • “livestock” means any creature kept for the production of food, wool, skin or fur or for use in the farming of land or for such purpose as the Minister may by order specify.

(2)

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F4(3)

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(4)

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(5)

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9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1F2F3 E+W+S

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1F2F3 E+W+S

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1F2 S

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 S

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 S

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

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

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

41Grants towards cost of water supply to agricultural buildings. E+W+S

(1)

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F2(2)

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42Compensation in connection with compulsory acquisition etc. of agricultural holdings.C1F1 E+W+S

(1)

Subject to the following provisions of this section, where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority acquire the interest in an agricultural holding or any part of it of the tenant of the holding or take possession of such a holding or any part of it, the compensation payable by the authority to the tenant in connection with the acquisition or taking of possession shall be assessed without regard to the tenant’s prospects, if any, of remaining in possession of the holding after the relevant date.

(2)

In subsection (1) of this section “the relevant date” means the earliest date on which, apart from the acquisition or taking of possession, the landlord could obtain possession of the holding in pursuance of such a notice to quit as is mentioned in paragraph (c) below if—

(a)

the tenant exercised any tenant’s option to extend or renew the tenancy in any case where, apart from this section, he would benefit from doing so; and

(b)

the landlord disregarded any provision in the contract of tenancy or lease enabling him to resume possession of the holding or to determine the tenancy by notice before the date fixed for the expiration of its term or before the termination of the stipulated endurance of the lease; and

(c)

the landlord served a valid notice to quit on the tenant in respect of the holding on the date of service of notice to treat in respect of the acquisition or the date of the taking of possession, as the case may be, or as soon thereafter as he became entitled to serve such a notice to quit; and

(d)

the provisions of section 24 of the principal Act or section 25 of the principal Scottish Act (which restrict the operation of notices to quit) did not apply to the said notice to quit;

and for the purposes of this subsection any such notice as is mentioned in section 3(1) of the principal Act (which refers to notices of intention to terminate the tenancy of an agricultural holding granted for a term of two years or upwards) shall be deemed to be a notice to quit.

(3)

Subsection (1) of this section shall not apply to such an acquisition or taking of possession as is there mentioned—

(a)

in the case of such an acquisition, unless the date on which notice to treat in respect of the interest to be acquired is served or treated as served on the tenant by the acquiring authority is after the date of the passing of this Act;

(b)

where in the case of such a taking of possession prior notice of the taking of possession is by virtue of any enactment required to be served on the tenant by the acquiring authority, unless the date on which the notice is so served is after the date of the passing of this Act.

(4)

Section 17 of this Act shall have effect as if any reference to Part II of this Act, other than the reference in subsection (4), included a reference to the foregoing provisions of this section.

(5)

Nothing in this section shall be construed as prejudicing the provisions of any other enactment under which, apart from this section, compensation in respect of any such compulsory acquisition or taking of possession as is mentioned in subsection (1) of this section falls to be assessed without regard to the prospects there mentioned.

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

44Extension of Agricultural and Forestry Associations Act 1962.

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(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

46Further functions of agricultural wages committees.C1F1 E+W+S

(1)

The Minister may by regulations—

(a)

provide that the functions under the M1Agricultural Wages Act 1948 of agricultural wages 0committees established in pursuance of that Act shall include such further functions as the Minister considers appropriate for the purpose of enabling or requiring those committees to give effect to orders made or which may be made by the Agricultural Wages Board for England and Wales under that Act and (without prejudice to the generality of the foregoing provisions in this paragraph) to determine whether any person is a member of any special class of workers as defined in such an order;

(b)

make provision with respect to the procedure to be followed in connection with the exercise of the further functions aforesaid and provide that section 15 of that Act (which relates to evidence of resolutions and orders) shall apply with such modifications as the Minister considers appropriate to decisions made in the exercise of those functions.

(2)

In this section “functions” means powers and duties.

F2(3)

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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)

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(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

Schedule S 1, 2F1 E+W+S

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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.

1F1 S

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2F1 S

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3F1 S

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4F1 S

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5F1 S

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6F1 S

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1F1 S

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2F1 S

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3F1 S

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4F1 S

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5F1 S

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6F1 S

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7F1 S

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8F1 S

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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.