Agriculture (Miscellaneous Provisions) Act 1972 in Northern Ireland
1972 c. 62 · Enacted 9 August 1972 · Extends to United Kingdom
Contents
- 9Amendments as to grants and loans in connection with alterations of farm structure.
- 10Conditions applicable to land where amalgamation or boundary adjustment has been assisted by a grant or loan.
- 11Grants for farm improvements Repealed
- 16Levies on processers and dealers in home-grown cereals. Repealed
- 17Abolition of requirements that dealings and returns relating to corn must be in hundred-weights.
- 26Interpretation and repeals.
- 27Short title, commencement and extent.
- Schedule 4: Sections 26(1) to (6) and 28(1) of Agriculture Act 1967 as Amended
- 26Paragraph 26
- 28Paragraph 28
- The Agricultural Wages (Scotland) Act 1949
- The Agriculture (Miscellaneous Provisions) Act 1968
- Schedule 6Repeals
9Amendments as to grants and loans in connection with alterations of farm structure.
Part II of the M1Agriculture Act 1967 (grants and loans in connection with alterations in farm structure) shall have effect with the amendments specified in subsections (2) to (6) of this section.
In section 26—
in subsection (1)—
for the words preceding paragraph (a) there shall be substituted the words “The appropriate Minister may in accordance with a scheme and subject to section 50 of the M2Agriculture Act 1970 make, out of money provided by Parliament, grants of amounts determined in such manner as may be provided by or under the scheme in connection with the carrying out of any of the following transactions approved by him in pursuance of that scheme, that is to say—” ;
after paragraph (b) there shall be inserted—
“(bb)
transactions securinf that, where the person occupying an intermediate unit or a commercial unit occupies any part or parts of it otherwise than as owner or as a tenant as defined in the Agricultural Holdings Act 1948 (or, in Scotland, the Agricultural Holdings (Scotland) Act 1949), he comes to occupy that part or all those parts as owner or as such a tenant, and”;
at the end of subsection (2) there shall be inserted the words “or, as respects transactions within subsection (1)(bb) of this section, cases where after the transaction has been effected the unit is not in single ownership” ;
subsections (3) and (5) shall be omitted ;
in subsection (6)—
for the words preceding paragraph (a) there shall be substituted the words “Any approval in pursuance of a scheme under this section of an amalgamation or boundary adjustment—” ;
in paragraph (a) the words “the expenditure has been incurred or” shall be omitted.
In section 27—
in subsection (1) in the words preceding paragraph (a) for the words “relinquishes his occupation of an uncommercial unit” there shall be substituted the words “relinquishes his occupation of, or of part of, an uncommercial unit” ;
after subsection (5A) there shall be inserted—
“(5B)
A scheme made by virtue of subsection (1)(a) or (b) of this section may make provision whereby a person is treated for the purposes of the scheme, to such extent and in such cases as may be prescribed—(a)
as the occupier of any land in respect of which he has granted, or agreed to grant, to another person a licence or tenancy of a kind not making that other person a renant as defined in the Agricultural Holdings Act 1948 (or, in Scotland, the Agricultural Holdings (Scotland) Act 1949) ;(b)
as relinquishing his occupation of that land if he relinquishes his remaining estate or interest in the land ;(c)
as relinquishing his occupation of, or of part of, an uncommercial unit of agricultural land if the land was, or was partof, such a unit immediately before he first granted or agreed togrant such a licence or tenancy as aforesaid ;
and, in relation to any provision made by virtue of this subsection, subsections (2), (4) and (5A) of this section shall not apply but provision may be made in this scheme for corresponding purposes.”
In section 28(1) for paragraph (a) there shall be substituted—
“(a)
the costs of the amalgamation or boundary adjustment consisting of surveyor’s fees and legal costs, stamp duty on any conveyance lease, tenancy agreement or mortgage or heritable security and any compensation for disturbance under section 34 of the Agricultural Holdings Act 1948 or section 35 of the Agricultural Holdings (Scotland) Act 1949, or(aa)
expenditure incurredin the carrying out or provision of works or facilities which the appropriate Minister considers to be necessary or desirable as a consequence of the amalgamation, or to be necessary as a consequence of the boundary adjustment, or”; and for the words “or expenditure under both paragraphs (a) and (b) above” there shall be substituted the words “or expenditure under all or any two of paragraphs (a), (aa) and (b) above”.
In section 39 (application to Northern Ireland) after subsection (5) there shall be inserted—
“(5A)
Sections 26(1)(bb) and 27(5B) of this Act shall, in their application to Northern Ireland, have effect as if references to a tenant as defined in the Acts there mentioned were references to a tenant who holds under a contract of tenancy for a life or lives for a term of years.”
In section 40(3) (uncommercial unit not to include dwelling houses) after the words “exclusive of any one dwelling house of the unit” there shall be inserted the words “or of an area sufficient to provide a site for one dwelling house”.
In section 50 of the M3Agriculture Act 1970 (which among other things precludes the making of certain grants to smallholdings authorities under schemes made under section 26 of the said Act of 1967 unless an application for the grant has been made within five years from the date when the scheme comes into operation) for the words “within five years from the date when the scheme comes into operation” there shall be substituted the words “before the end of 1975”.
Any scheme made by virtue of section 26 of the said Act of 1967 as that section had effect before the passing of this Act shall (without prejudice to its variation or revocation by a subsequent scheme) continue to have effect as if this Act had not been passed.
Sections F326(1) to (6) and 28(1) of the said Act of 1967 as amended by this section are set out in Schedule 4 to this Act.
10Conditions applicable to land where amalgamation or boundary adjustment has been assisted by a grant or loan.F1
Subsections (7) and (8) of section 26 of the Agriculture Act 1967 (which apply the conditions in Schedule 3 to that Act to agricultural units where certain grants have been paid) shall not apply in relation to the payment of—
any grant under a scheme made under that section or section 27 of that Act after the passing of this Act; or
any grant under section 29 of the M1Agriculture Act 1970 in respect of any work or facility certified under the said section 26 in connection with an amalgamation or boundary adjustment approved under any scheme made under the said section 26 after the passing of this Act.
Where, by reason of the payment of a grant under a scheme made under the said section 27 before the passing of this Act, any land became subject to the provisions of the said Schedule 3, that land shall cease to be subject to those provisions if, by virtue of transitional provisions in a scheme made under that section after the passing of this Act, the approval in consequence of which the grant was paid falls to be treated as if given under the latter scheme.
Subsections (6) and (7) of section 28 of the said Act of 1967 (which apply the conditions in the said Schedule 3 to agricultural units where loans or guarantees have been made or given under that section) shall not apply in relation to any loan or guarantee in connection with an amalgamation or boundary adjustment approved under a scheme made under the said section 26 after the passing of this Act or treated by virtue of transitional provisions in such a scheme as approved thereunder.
In making a grant under the said section 26 the appropriate Minister may impose such conditions as he thinks fit; and any such conditions, and any conditions imposed under section 28(5) of the said Act of 1967 or section 29(3) of the said Act of 1970, may require the recipient of the grant or loan, or the person whose indebtedness is guaranteed, to make such payments or repayments to the appropriate Minister in such circumstances as may be specified in the conditions.
Paragraph 1 of the said Schedule 3 (duration of conditions imposed by that Schedule) shall have effect, and be deemed always to have had effect, with the substitution for the words “fifteen years” of the words “five years”.
11Grants for farm improvementsC1F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16Levies on processers and dealers in home-grown cereals.F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17Abolition of requirements that dealings and returns relating to corn must be in hundred-weights.F1
The Minister may as respects England and Wales, and the Secretary of State may as respects Scotland, provide by order made by statutory instrument that sections 8 and 9(6) of the M1Corn Returns Act 1882 (which respectively require that computations of corn in returns under that Act shall be in hundredweights and that the annual and septennial average price published in pursuance of that Act shall be for a hundredweight of corn) shall have effect as if for any reference to the hundredweight of one hundred and twelve imperial standard pounds there were substituted a reference to another weight prescribed by the order; and an order under this subsection may—
make such modifications of section 9(4) and (5) of that Act as the authority making the order considers are appropriate in consequence of any other provision made by the order or by another order under this subsection;
be varied or revoked by a subsequent order under this subsection.
26Interpretation and repeals.
Except where the context otherwise requires, in this Act “the Minister” means the Minister of Agriculture, Fisheries and Food.
Except where the context otherwise requires, 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 this Act.
Subject to subsection (4) of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
27Short title, commencement and extent.
This Act may be cited as the Agriculture (Miscellaneous Provisions) Act 1972.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Except for the following provisions, that is to say—
sections 9, 10, 11, 16, 17(1), 26(1) and (2) and this section and Schedule 4; and
this Act does not extend to Northern Ireland.
26F1
The appropriate Minister may in accordance with a scheme and subject to section 50 of the M1Agriculture Act 1970 make, out of money provided by Parliament, grants of amounts determined in such manner as may be provided by or under the scheme in connection with the carrying out of any of the following transactions approved by him in pursuance of the scheme, that is to say—
transactions for securing that agricultural land which is or forms part of an uncommercial unit, but which together with some other agricultural land could form an intermediate unit or commercial unit, shall be owned and occupied with that other land, and
transactions for securing that, where an intermediate unit or a commercial unit is not all in the same ownership, any part of it comes to be in the same ownership as the rest of that unit, or in the same ownership as some other part of that unit, but excluding transactions which bring into the same ownership and occupation two or more parts of the unit each of which could by itself form a commercial unit, and
transactions for securing that, where the person occupying an intermediate unit or a commercial unit occupies any part or parts of it otherwise than as owner or as a tenant as defined in the M2Agricultural Holdings Act 1948 (or, in Scotland, the M3Agricultural Holdings (Scotland) Act 1949), he comes to occupy that part or all those parts as owner or as such a tenant, and
transfers or exchanges of agricultural land (or estates or interests in agricultural land) for the purpose of giving more satisfactory boundaries to one or more agricultural units;
and for the purposes of paragraph (a) above, such assumptions as the appropriate Minister may consider reasonable may be made as to the works and facilities which will be carried out or provided for the benefit of the unit to be formed.
Transactions within paragraphs (a), (b) and (bb) above are in this Part of this Act referred to as “amalgamations”, and transactions within paragraph (c) are in this Part of this Act referred to as “boundary adjustments”.
A scheme under this section may restrict the amalgamations and boundary adjustments to which it applies in any way, and may in particular exclude amalgamations of land which has reverted from being in single ownership or occupation or, as respects transactions within subsection (1)(bb) of this section, cases where after the transaction has been effected the unit is not in single ownership.
A scheme under this section may make different provision for different circumstances.
Any approval in pursuance of a scheme under this section of an amalgamation or boundary adjustment—
may be given either before or, in any case where the appropriate Minister thinks fit, after the amalgamation or boundary adjustment has been carried out;
may be given subject to such conditions as the appropriate Minister may specify, and in particular subject to any condition as to the time within which the amalgamation or boundary adjustment is to be carried out or as to the carrying out or provision within a specified period of specified works or facilities appearing to the appropriate Minister to be necessary as a consequence of the amalgamation or boundary adjustment;
may be varied or withdrawn by the appropriate Minister with the written consent of the person on whose application the approval was given;
and the appropriate Minister may, if he thinks fit, for the purposes of a claim for grant under section 29 of the M4Agriculture Act 1970 issue a certificate with respect to any work or facility that he considers it to be necessary or desirable as a consequence of an amalgamation, or to be necessary as a consequence of a boundary adjustment, approved by that Minister in pursuance of the scheme.
28F1
The appropriate Minister may with the approval of the Treasury make or guarantee loans to meet expenditure incurred in connection with an amalgamation or boundary adjustment approved by the appropriate Minister in pursuance of a scheme under section 26 of this Act, being—
the costs of the amalgamation or boundary adjustment consisting of surveyor’s fees and legal costs, stamp duty on any conveyance, lease, tenancy agreement or mortgage or heritable security and any compensation for disturbance under section 34 of the M1Agricultural Holdings Act 1948 or section 35 of the M2Agricultural Holdings (Scotland) Act 1949, or
expenditure incurred in the carrying out or provision of works or facilities which the appropriate Minister considers to be necessary or desirable as a consequence of the amalgamation, or to be necessary as a consequence of the boundary adjustment, or
any part of the purchase price of any land acquired as part of the amalgamation or as the case may be any part of the purchase price of land acquired, or of money given by way of equality of exchange, as part of the boundary adjustment,
or expenditure under all or any two of paragraphs (a), (aa) and (b) above.
The Agricultural Wages (Scotland) Act 1949M1
In section 1, in subsection (1), the words from “in relation” to “section” shall cease to have effect.
In section 1, subsection (2) shall cease to have effect.
Section 2 shall cease to have effect.
In section 3, in subsection (1), the words from “for each” to “Act” shall cease to have effect.
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In section 6, subsections (1) to (4) shall cease to have effect.
In section 6, in subsection (5) the words from “in a district” to “this Act” shall cease to have effect, and for the words “agricultural wages committee” there shall be substituted the words “Secretary of State”.
In section 6, subsection (8) shall cease to have effect.
In section 7, in subsection (1), the words from “for each district” to “established under this Act” shall cease to have effect.
In section 7, in subsection (3), for the words “an agricultural wages committee are” there shall be substituted the words “the Secretary of State is” ; the words “in their district” shall cease to have effect ; for the words “the committee” there shall be substituted the words “the Secretary of State” ; and the words from “subject” to “Act” where it first occurs shall cease to have effect.
Section 8 shall cease to have effect.
In section 9, in subsection (1), for the words from “and complaints” to “thereof” there shall be substituted the words “to the Secretary of State under section 5 or section 7 of this Act”.
In section 9, subsection (2) shall cease to have effect.
In section 12, in subsection (4)(a), the words from “or” to “work” shall cease to have effect.
In section 13, the words “and of agricultural wages committees” and “and each committee” shall cease to have effect.
In section 14, the words from “or” to “thereof” shall cease to have effect.
In section 15, the words “or an agricultural wages committee” and “or committee, as the case may be” shall cease to have effect.
The second Schedule shall cease to have effect.
In the third Schedule, in paragraph 1, sub-paragraph (b) shall cease to have effect.
In the third Schedule, in paragraph 4, the words from “and serve” to the end of the paragraph shall cease to have effect.
In the third Schedule, in paragraph 5, for the words from “in the district” to “such a special area” there shall be substituted the words “or to any class of workers (as defined in the order) or to any area or to any such class in any area”.
The Agriculture (Miscellaneous Provisions) Act 1968M1
In section 46, subsection (3) shall cease to have effect.
Schedule 6RepealsC1
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 11 — 12 Geo. 5. c. 35. | The Corn Sales Act 1921. | Section 1. |
| 18 — 19 Geo. 5. c. 29. | The Slaughter of Animals (Scotland) Act 1928. | Sections 5, 6, 9 and 10. |
| 4 — 5 Geo. 6. c. 50. | The Agriculture (Miscellaneous Provisions) Act 1941. | Sections 11(2) and (7). |
| 6 — 7 Geo. 6. c. 16. | The Agriculture (Miscellaneous Provisions) Act 1943. | In section 17, subsection (4) and, in subsection (6) the words “or subsection (4)”. |
| 7 — 8 Geo. 6. c. 28. | The Agriculture (Miscellaneous Provisions) Act 1944. | In section 6, subsections (1) to (3) and in subsection (4) the words “by virtue of the last foregoing subsection or” and the words “or boar” in both places where they occur. |
| 9 — 10 Geo. 6. c. 26. | The Emergency Laws (Transitional Provisiions) Act 1946. | In Schedule 2, in the paragraph dealing with amendments of the Improvement of Live Stock (Licensing of Bulls) Act 1931, the words “in its application to England and Wales”. |
| 9 — 10 Geo. 6. c. 73. | The Hill Farming Act 1946. | In section 3(6), all the words after “appropriate Minister” and before “for the doing” and the words “or committee”. |
| Section 33. | ||
| In section 34, in subsection (1) all the words after “given by him” and before “shall, on producing”, and in subsection (2) all the words after “authorised as aforesaid” and before “in the exercise”. | ||
| 10 — 11 Geo. 6. c. 48. | The Agriculture Act 1947. | Sections 71 and 72. |
| In section 75 the words “partly in the area of one County Agricultural Executive Committee and partly in the area of another, or” and the words “committee or”. | ||
| Section 77. | ||
| In section 78(1), the words from “and regulations” to “be prescribed”. | ||
| Section 104(5). | ||
| In Schedule 9, paragraphs 7 to 12 and 21 and in paragraph 22(2) the words from “County” to “district committees and” and the words “committees and” in the second place where they occur. | ||
| Schedule 10. | ||
| 10 — 11 Geo. 6. c. 53. | The Town and Country Planning (Scotland) Act 1947. | In section 8(2)(a), the words from “and” onwards. |
| 11 — 12 Geo. 6. c. 45. | Agriculture (Scotland) Act 1948. | Section 68 and 69. |
| Section 80(5). | ||
| In Schedule 8, Part I with the exception of paragraph 11. | ||
| 12 — 13 Geo. 6. c. 30. | The Agricultural Wages (Scotland) Act 1949. | In section 1, in subsection (1), the words from “in relation” to “section”, and susbection (2). |
| Section 2. | ||
| In section 3, in subsection (1), the words from “for each” to “Act”. | ||
| In section 5, in subsection (1), the words “in their district”, and in subsection (4), the words from “agricultural” to “aforesaid and”. | ||
| In section 6, subsections (1) to (4), in subsection (5), the words from “in a district” to “this Act”, and subsection (8). | ||
| In section 7, in subsection (1), the words from “for each district” to “established under this Act”, and in subsection (3), the words “in their district”, and the words from “subject” to “Act” where it first occurs. | ||
| Section 8. | ||
| Section 9(2). | ||
| In section 12(4)(a), the words from “or” to “work”. | ||
| In section 13, the words “and of agricultural wages committees” and “and each committee”. | ||
| In section 14, the words from “or” to “thereof”. | ||
| In section 15, the words “or an agricultural wages committee” and “or committee, as the case may be,”. | ||
| Schedule 2. | ||
| In Schedule 3, paragraph 1(b), and in paragraph 4, the words from “and serve” onwards. | ||
| 12 — 13 Geo. 6. c. 52. | The Slaughter of Animals (Scotland) Act 1949. | The whole Act. |
| 12 — 13 Geo. 6. c. 55. | The Prevention of Damage by Pests Act 1949. | In section 4, subsections (3) and (6)(a). |
| 14 — 15 Geo. 6. c. 18. | The Livestock Rearing Act 1951. | Sections 9 and 10. |
| 1 — 2 Eliz. 2. c. 27. | The Slaughter of Animals (Pigs) Act 1953. | In section 3, in subsection (1), the definition of “pig”, and subsection (2) |
| 2 — 3 Eliz. 2. c. 30. | The Protection of Birds Act 1954. | In section 10(4) the words from “and those powers” onwards. |
| 2 & 3 Eliz. 2. c. 42. | The Slaughterhouses Act 1954. | Section 8(1). |
| In section 10, subsections (1) and (2); in subsection (3), paragraphs (a) and (c) and in paragraph (b) the words from “that any” to “specified” where last occurring and the word “or” at the end of the paragraph; subsection (5); and in subsection (6), the words “to the Secretary of State”. | ||
| Section 11. | ||
| In section 18, subsections (2) and (3). | ||
| Section 19(b). | ||
| 2 — 3 Eliz. 2. c. 59. | The Slaughter of Animals (Amendment) Act 1954. | In section 2, in subsection (3); in subsection (5), the words from “and” onwards; and subsection (6). |
| Schedule 1. | ||
| 4 Eliz. 2. c. 16. | The Food and Drugs Act 1955. | Section 65 so far as it relates to slaughterhouses. |
| Section 70(1). | ||
| Sections 75 to 78. | ||
| 5 — 6 Eliz. 2. c. 20. | The House of Commons Disqualification Act 1957. | In Part IV of Schedule 1, the entries relating to the Agriculture Act 1947 and the Agriculture (Scotland) Act 1948. |
| 6 — 7 Eliz. 2. c. 47. | The Agricultural Marketing Act 1958. | In section 22(6) the words from “and there may” to “sum so written off”. |
| Section 23. | ||
| In sections 24(1) and 25 the words “on the recommendation of the appropriate Agricultural Marketing Facilities Committee” and in section 24(1), the proviso. | ||
| In section 53(5) the words from “and Agricultural” to “for Scotland”. | ||
| In Schedule 3, paragarph 4 of Part II, paragraph 5 of Part V and paragraph 5 of Part VI. | ||
| 6 & 7 Eliz. 2. c. 70. | The Slaughterhouses Act 1958. | In section 1, subsections (1), (3) and (4). |
| Sections 2 to 4. | ||
| In section 6, subsection (1), in subsection (2) the words “the foregoing subsection or under” and in subsection (3) paragraphs (a) to (f). | ||
| In section 11 the words “this Act and” where they first occur and the words “to this Act and”. | ||
| Section 12(2). | ||
| In Section 13(2) the words “or in the First Schedule to”. | ||
| Schedule 1. | ||
| 1963 c. 11. | The Agriculture (Miscellaneous Provisions) Act 1963. | In section 16(4), the words from “and by virtue” to “boars”. |
| Section 17. | ||
| 1963 c. 33. | The London Government Act 1963. | Section 54(2). |
| 1967 c. 22. | The Agriculture Act 1967. | In section 26, subsections (3) and (5), and in subsection (6)(a) the words “the expenditure has been incurred or”. |
| Section 63(1). | ||
| 1968 c. 23. | The Rent Act 1968. | In Schedule 3, paragraph (f) of Case 14 except where the relevant date for the purposes of that Case was before the passing of this Act. |
| 1968 c. 34. | The Agriculture (Miscellaneous Provisions) Act 1968. | Section 46(3). |
| 1970 c. 40. | The Agriculture Act 1970. | Section 32(4)(b). |
| Section 33(4). | ||
| In section 50 the words “in respect of expenditure incurred” in both places where they occur. | ||
| In Schedule 4 the entry relating to the London Government Act 1963. | ||
| 1971 c. 28. | The Rent (Scotland) Act 1971. | In Schedule 3, paragraph (f) of Case 15 except where the relevant date for the purposes of that Case was before the passing of this Act. |
| 1971 c. lxvii. | The Manchester Corporation (General Powers) Act 1971. | In section 65, in subsection (3) the words “public abattoir”, in subsection (4) the words “the abattoir or of”, and subsection (6). |