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Agriculture (Miscellaneous Provisions) Act 1976 in Scotland

1976 c. 55 · Enacted 15 November 1976 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 June 2025.

An Act to dissolve the Sugar Board; to provide for increasing the amount which may be advanced under section 2 of the Agricultural Mortgage Corporation Act 1956; to amend the provisions of Part I of the Agriculture Act 1967 relating to the Meat and Livestock Commission and their committees; to provide for the making of grants in connection with proficiency tests in crafts related to agriculture; to authorise measures to restrict the growing of male hop plants; to make further provision for obtaining agricultural statistics; to provide for the adaptation of certain enactments to metric units; to provide for regulating the exportation of animals in the interests of their welfare; to make further provision for preventing the transmission of disease from wild life to animals and poultry; to amend the law relating to agricultural holdings; to amend section 29(4) of the Agriculture Act 1970; and for purposes connected with those matters

[15th November 1976]C1I1C2

Annotations to the whole text

Modifications

C1

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C2

Act: transfer of functions (1.7.1999) by S.I 1999/672, art. 2, Sch. 1

Commencement

I1

Act partly in force at Royal Assent, see s. 27(2)(3)(4); Act wholly in force at 7.4.1978

Contents

  1. Part I: Miscellaneous Provisions
  2. 1Dissolution of Sugar Board. Repealed
  3. 3Duties of Meat and Livestock Commission as regards consultation. Repealed
  4. 6Power to obtain agricultural statistics. Repealed
  5. 7Adaptation of enactments to metric units.
  6. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. 9, 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  11. 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  12. 15Recovery of farm capital grants made by reference to false or misleading information.
  13. Part II
  14. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  15. 17—24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  16. Part III: Supplemental and General
  17. 25Expenses and receipts.
  18. 26Interpretation and repeals.
  19. 27Short title, commencement and extent.
  20. Schedule 1: Amendments of Part I of the Agriculture Act 1967. Repealed
  21. 1Paragraph 1 Repealed
  22. 2Paragraph 2 Repealed
  23. 3Paragraph 3 Repealed
  24. 4Paragraph 4 Repealed
  25. Schedule 2: Agriculture Act 1947 s. 78(1) and (1A) as they will have Effect from the Passing of this Act
  26. 78Paragraph 78
  27. Schedule 3Metrication: Enactments Referred to in Section 7(2)(a)
  28. Schedule 4: Repeals
  29. IDissolution of Sugar Board
  30. IIMiscellaneous

1Dissolution of Sugar Board.F1

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3Duties of Meat and Livestock Commission as regards consultation.F1 E+W+S

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6Power to obtain agricultural statistics.F1F2 S

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7Adaptation of enactments to metric units.

(1)

The competent authority may by regulations amend any enactment to which this section applies—

(a)

by substituting an amount, quantity or rate expressed in metric units for an amount, quantity or rate not so expressed; or

(b)

by substituting an expression which is compatible with the use of metric units for an expression that has reference to a non-metric unit (for example “acreage").

(2)

This section applies to the following enactments, that is to say—

(a)

the provisions of the Acts mentioned in Schedule 3 to this Act which are specified in the third column of that Schedule;

(b)

any other provision contained in an Act (whenever passed), being a provision whose subject-matter is akin to that of any of the provisions so specified;

(c)

any scheme made or having effect as if made under Part I of the M1Agricultural Marketing Act 1958; and

(d)

any enactment (whenever passed or made) relating to any of the following matters, that is to say—

(i)

sea-fishing or fishing for shellfish, salmon or migratory trout;

(ii)

salmon, trout, freshwater fish or eels (within the meaning of those expressions as defined in section 41(1) of the M2 Salmon and Freshwater Fisheries Act 1975);

  • “"

(iii)

salmon, trout or freshwater fish (within the meaning of those expressions as defined in section 24(1) of the M3Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951);

(iv)

any harbour in England or Wales which is a fishery harbour for the purposes of the M4Sea Fish Industry Act 1951, or such harbours generally;

(v)

any harbour or boatslip in Scotland which is a marine work as defined in section 57(1) of the M5Harbours Act 1964, or such harbours and boatslips generally.

(3)

Any amendments made in an enactment by regulations under this section shall be such as to preserve the effect of the enactment except to such extent as in the opinion of the authority making the regulations is necessary to obtain amounts, quantities or rates expressed in convenient and suitable terms.

(4)

Before making any regulations under this section the authority proposing to do so shall consult such organisations as appear to the authority appropriate as representing any interests concerned.

F1(4A)

Subsection (4) does not apply to regulations which make amendments that apply only in relation to England.

(5)

Regulations under this section may contain such incidental, supplemental and consequential provisions as the authority making them considers expedient.

(6)

The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

In this section—

  • “the competent authority” means the Minister, or the Secretary of State, or the Minister and the Secretary of State acting jointly;

  • “enactment” means any provision of a public general Act, of a local, private or personal Act, of a provisional order confirmed by an Act, or of any instrument made or having effect under an Act.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

9, 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 S

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

15Recovery of farm capital grants made by reference to false or misleading information.F1 E+W+S

C1(1)

With a view to enabling the appropriate Minister to recover payments made by way of grant by virtue of section 29 of the M1Agriculture Act 1970 if it appears to him that the person on whose application any such payment was made gave false or misleading information, section 29(4) of that Act shall be amended as follows—

(a)

in paragraph (c) for the words “was made (hereafter in this subsection referred to as “the applicant")" there shall be substituted the words “or for the making of any payment was made", and after the words “the giving of the approval" there shall be inserted the words “or the making of the payment";

(b)

for the words “equal to that payment" there shall be substituted the words “equal to the payment which has been so made"; and

(c)

for paragraphs (i) to (iii) there shall be substituted—

“(i)

shall give to the person to whom any payment by way of grant would be payable, or from whom any such amount would be recoverable, a written notification of the reasons for the action proposed to be taken by the Minister;

(ii)

shall afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister; and

(iii)

shall consider the report by a person so appointed and supply a copy of the report to the person mentioned in paragraph (i) above.”.

(2)

The preceding subsection shall not have effect as regards information given before the passing of this Act.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

17—24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

25Expenses and receipts. E+W+S

There shall be paid out of money provided by Parliament—

(a)

any expenses incurred by any Minister under this Act; and

(b)

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

and any sums received by any Minister by virtue of this Act shall be paid into the Consolidated Fund.

26Interpretation and repeals.

(1)

In this Act F1... “the Minister” means the Minister of Agriculture, Fisheries and Food.

(2)

Except where the context otherwise requires, any reference in this Act to an 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.

C1(3)

The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

27Short title, commencement and extent. E+W+S

(1)

This Act may be cited as the Agriculture (Miscellaneous Provisions) Act 1976.

F1C1(2)

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C2(3)

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

C3(4)

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

(5)

Sections F2... 4, 5, . . . F3 . . . F4 of this Act do not extend to Scotland, ...

(6)

Except for the following provisions, namely—

(a)

sections F5... 15, 26(1) and (2) and this section;

(b)

section 7 and Schedule 3 so far as they relate to enactments (within the meaning of that section) that extend to Northern Ireland; and

(c)

Part I of Schedule 4 and, so far as it relates to that Part, section 26(3),

this Act does not extend to Northern Ireland.

1F1

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2F1

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3F1

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4F1

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78F1

(1)

Where it appears to the Minister expedient so to do for the purpose of obtaining statistical information relating to agriculture, he may serve on any owners or occupiers of land used for agriculture, or of land which the Minister has reason to believe may be so used, notices requiring them to furnish in writing, in such form and manner and to such person as may be specified in the notice, and within such time and with respect to such date or dates or such period or periods as may be specified in the notice, the information referred to in the notice (including, as respects paragraphs (c) to (e) of this subsection, the information referred to in the notice as to quantities, values, expenditure and receipts) relating to—

(a)

The situation, area and description of relevant land owned or occupied by them, the date of acquisition of the land, and the date at which so much thereof as is comprised in any agricultural unit became comprised therein, and the rates payable in respect of the land,

(b)

the names and addresses of the owners and occupiers of the land, whether the land or any, and if so what, part thereof is let and at what rent,

(c)

the character and use of different parts of the land, the time at which any use thereof was begun or will become fully effective, and their produce at any time during the period beginning one year before, and ending one year after, the time at which the information is required to be furnished,

(d)

fixed and other equipment, livestock, and the stocks of agricultural produce and requisites held in respect of the land, and the provision and maintenance of such equipment, livestock and requisites and the provision of agricultural services for the benefit of the land,

(e)

the methods and operations used on the land, the marketing or other disposal of the produce thereof, any payments received under any enactment in respect of such produce, and the provision of agricultural services otherwise than for the benefit of the land,

(f)

the number and description of persons employed on, or employed by the occupier in disposing of the produce of, the land, and the remuneration paid to, and hours worked by, persons so employed or such persons of different descriptions.

(1A)

In the foregoing subsection—

  • “livestock” includes any animal;

  • “relevant land” in the case of any owner or occupier of land used for agriculture, means the aggregate of—

(a)

the land owned or occupied by him which is comprised in any agricultural unit; and

(b)

any other land owned or occupied by him which is either—

(i)

used for forestry; or

(ii)

not used for any purpose, but capable of use for agriculture or forestry,

but which, if used as agriculture land by the occupier of that agricultural unit, would be comprised in that unit.

Schedule 3Metrication: Enactments Referred to in Section 7(2)(a)

ChapterShort titleProvisions capable of amendment
. . . F1 . . . . . .
1911 c. 49.Small Landholders (Scotland) Act 1911.Section 2(1)(ii) and (iii).
Section 7(16)(a).
Section 16(2).
Section 26(3)(a).
Section 33(2).
1921 c. 35.Corn Sales Act 1921.Section 5.
F2. . .. . .. . .
. . .
1930 c. 44.Land Drainage Act 1930.Section 29(1).
In Part II of Schedule 3, paragraph 1(a), (b) and (d).
. . . F3 . . . . . .
1946 c. 73.Hill Farming Act 1946.Section 23(2) and (3).
1947 c. 48.Agriculture Act 1947.Section 109(3).
In Schedule 2, paragraph 3(1)(b).
1948 c. 45.Agriculture (Scotland) Act 1948.Section 64(1).
Section 86(3).
In Schedule 3, paragraph 3(1)(b).
. . . F4 . . . . . .
1949 c. 75.Agricultural Holdings (Scotland) Act 1949.Section 15(1).
Section 63(1)(b).
. . . F5 . . . . . .
1956 c. 60.Valuation and Rating (Scotland) Act 1956.Section 7(2) and (6)(b).
1958 c. 24.Land Drainage (Scotland) Act 1958.In Schedule 1, paragraph 6(b)(ii).
1958 c. 47.Agricultural Marketing Act 1958.Section 34(2) and (3).
F6 . . . . . . . . .
. . .
. . .
1963 c. 11.Agriculture (Miscellaneous Provisions) Act 1963.Section 23(1)(a).
1964 c. 14.Plant Varieties and Seeds Act 1964.Section 16(3)(f).
1965 c. 14.Cereals Marketing Act 1965.Section 13(4).
Section 15(1).
Section 16(6)(a).
1967 c. 9.General Rate Act 1967.Section 26(3)(a).
1967 c. 22.Agriculture Act 1967.Section 51(7)(a).
Section 52(2)(d).
F7. . .. . . . . ..
. . .
. . .
. . . F8
1971 c. 39.Rating Act 1971.Section 2(4).
Section 5(5).

IDissolution of Sugar Board

ChapterShort TitleExtent of Repeal
4 & 5 Eliz. 2. c. 48Sugar Act 1956Sections 1 to 5, so far as unrepealed.
Section 6.
Section 21, so far as unrepealed.
In section 35(2), the definitions of “financial year of the Sugar Board", “functions" and “pension".
Section 35(3).
Schedules 1 and 2.
Schedule 3, so far as unrepealed.
1968 c. 13.National Loans Act 1968.In Schedule 1, the entry for the Sugar Act 1956, so far as unrepealed.
1972 c. 11.Superannuation Act 1972.In Schedule 4, the entry for the Sugar Board.
1972 c. 41.Finance Act 1972.In section 11(c), the words “surcharge under section 7 of the Sugar Act 1956 or" and the words “or that section as applied by section 7(1) of that Act".
In section 27(4), the words “a surcharge under section 7 of the Sugar Act 1956 or" and the words “or that section as applied by section 7(1) of that Act".
1972 c. 68.European Communities Act 1972.Section 7(1) and (2).
1973 c. 51.Finance Act 1973.Section 57.
1975 c. 24.House of Commons Disqualification Act 1975.In Part II of Schedule 1, the words “The Sugar Board".
1975 c. 25.Northern Ireland Assembly Disqualification Act 1975.In Part II of Schedule 1, the words “The Sugar Board".

IIMiscellaneous E+W+S

ChapterShort titleExtent of repeal
1954 c. 39.Agriculture (Miscellaneous Provisions) Act 1954.Section 7.
1958 c. 71.Agriculture Act 1958.In Schedule 1, paragraph 28.
1967 c. 22.The Agriculture Act 1967.In section 25(2), the definition of “joint committee".
In Part II of Schedule 1, in paragraph 7(2), the words “the Production Committee, the Distribution Committee and".
1972 c. 62.Agriculture (Miscellaneous Provisions) Act 1972.Section 13.