OpenLegislation

Hill Farming Act 1946 in Wales

9 & 10 Geo. 6 c. 73 · Enacted 6 November 1946 · 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 15 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 19(2)words repealedCriminal Justice Act 2003 Sch. 37 Pt. 9
s. 19(3)words repealedCriminal Justice Act 2003 Sch. 37 Pt. 9

An Act to make provision for promoting the rehabilitation of hill farming land; for the payment of subsidies in respect of hill sheep and hill cattle; for controlling the keeping of rams and ram lambs; for regulating the burning of heather and grass; for amending the law as to the valuation of sheep stocks in Scotland; and for purposes connected with the matters aforesaid.

[6th November 1946] I1C1C2C3

Annotations to the whole text

Modifications

C1

Act amended with the substitution for references to hill farming land and hill farming purposes of references to livestock rearing land and livestock rearing purposes and for references to hill farming land improvement schemes of references to livestock rearing land improvement schemes by Livestock Rearing Act 1951 (c. 18), ss. 1(2)(b)

C2

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

C3

Certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2

Act (except s. 32(4)): Functions of a Minister of the Crown transferred to the National Assembly for Wales (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement

I1

Act wholly in force at Royal Assent.

Contents

  1. Rehabilitation of Hill Farming Land
  2. 1Grants under schemes for improvement of hill farming land.
  3. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. 10Attachment of conditions as to letting, etc., of new and improved cottages. Repealed
  11. 11Provision as to application of capital for improvements to settled hill farming land.
  12. 12Improvements of hill farming land subject to rights of common.
  13. 13—17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. Control of Rams (England and Wales)
  15. 18Control of rams in England and Wales.
  16. 19Penalties for offences in connection with control of rams.
  17. Burning of Heather and Grass (England and Wales)
  18. 20Power to regulate heather and grass burning in England and Wales.
  19. 21Avoidance or relaxation of covenants against heather and grass burning in England and Wales.
  20. Muirburn (Scotland)
  21. 22Section 22 Repealed
  22. 24Right of tenant to make muirburn notwithstanding terms of lease.
  23. 25Regulation of muirburn. Repealed
  24. Valuation of Sheep Stocks (Scotland)
  25. General
  26. 32Advisory committees. Repealed
  27. 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  28. 34Power to enter on and inspect land.
  29. 35Recovery of sums by Ministers.
  30. 36Expenses of, and disposal of sums accruing to Ministers.
  31. 37Provisions as to laying before Parliament of instruments made under this Act.
  32. 38Interpretation.
  33. 39Provisions as to Scotland.
  34. 40Application to Northern Ireland.
  35. 41Short title.
  36. Schedule FIRST: improvements which may be included in schemes for rehabilitation of hill farming land
  37. 1Paragraph 1
  38. 2Paragraph 2
  39. 3Paragraph 3
  40. 4Paragraph 4
  41. 5Paragraph 5
  42. 6Paragraph 6
  43. 7Paragraph 7
  44. 8Paragraph 8
  45. 9Paragraph 9
  46. 10Paragraph 10
  47. 11Paragraph 11
  48. 12Paragraph 12
  49. 13Paragraph 13
  50. 14Paragraph 14
  51. 15Paragraph 15
  52. 16Paragraph 16
  53. 17Paragraph 17
  54. 18Paragraph 18
  55. 19Paragraph 19
  56. 20Paragraph 20
  57. 21Paragraph 21
  58. 22Paragraph 22
  59. 23Paragraph 23

1Grants under schemes for improvement of hill farming land.C3

(1)

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

(2)

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

(3)

In this Act—

  • F2F3the expression “livestock rearing land” means land situated in an area consisting predominantly of mountains, hills or heath, being land which is, or by improvement could be made, suitable for use for the breeding, rearing and maintenance of sheep or cattle but not for the carrying on, to any material extent, of dairy farming, the production, to any material extent, of fat sheep or fat cattle or the production of crops in quantity materially greater than that necessary to feed the number of sheep or cattle capable of being maintained on the land;

  • the expression “livestock rearing purposes” means the breeding, rearing and maintenance of sheep or cattle, and includes other activities carried on in connection therewith, and

  • the expression “improvement” means, subject to the provisions of this section, an operation of any of the kinds specified in the First Schedule to this Act, and any operation incidental to, or necessary or proper in the carrying out of, an operation of any such kind or for securing the full benefit thereof.

C1C2(4)

Subject to the provisions of section thirty-seven of this Act, the Ministers may from time to time by order modify the kinds of operations that are to be treated as improvements for the purposes of this Act by adding to the First Schedule to this Act, or by deleting therefrom, or modifying the description of, a kind of operation for the time being therein specified:

. . . F4

(5)

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

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

10Attachment of conditions as to letting, etc., of new and improved cottages.F1

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

11Provision as to application of capital for improvements to settled hill farming land.

(1)

For the purposes of the provisions of the M1Settled Land Act, 1925, relating to improvements authorised by that Act, any operation which is to be treated as an improvement for the purposes of this Act, and which is of a kind prescribed by regulations made by the Minister of Agriculture and Fisheries as being of a permanent character, shall be treated as if it were included in the Third Schedule to that Act and were specified in Part I thereof (which specifies improvements the cost of which is not liable to be replaced by instalments).

F1(2)

The preceding subsection shall apply for the purposes of the said provisions of the Settled Land Act, 1925, as extended to trusts for sale by section twenty-eight of the Law of Property Act, 1925.

12Improvements of hill farming land subject to rights of common.C2C1

(1)

Where the Minister of Agriculture and Fisheries (in this section referred to as “the Minister”) is of opinion that it is expedient so to do for the purpose of rehabilitating hill farming land in England or Wales that is subject to rights of common of pasture, he shall have power, subject to the provisions of this section, to do work required for making improvements for the benefit thereof, and the provisions in that behalf of this section shall have effect as to the recovery by the Minister from persons claiming to enjoy rights over such land of sums amounting in the aggregate to one half of the cost of work done by him under this section.

(2)

Before beginning to do work under this section, the Minister shall publish, in such manner as he thinks best adapted for informing persons enjoying rights of common over the land for the benefit of which the improvements are intended and any person entitled as lord of the manor or otherwise to the soil of that land, a notice—

(a)

stating that he is of the opinion aforesaid, specifying what improvements ought, in his opinion, to be made and the work required for making them, the land on which he proposes to do the work, the estimated cost of the work and the period (which shall not be less than twenty-eight days from the date of the publication of the notice) within which written objection to the doing of the work may be made to him by any person claiming to be such a person as aforesaid; and

(b)

inviting any person so claiming who is willing to bear an apportioned part of half the estimated cost of the work to furnish to the Minister, within the period aforesaid, his name and address and particulars of such matters relating to the rights which he claims to enjoy as may be specified in the notice.

(3)

If an objection to the doing of the work is duly made to the Minister by any person so claiming as aforesaid within the time limited by the notice for making objections, then, unless either—

(a)

the objection is withdrawn by that person or appears to the Minister to be frivolous; or

(b)

the Minister is satisfied that the claim is groundless;

no further steps shall be taken under this section in pursuance of the notice, but without prejudice to the publication of a fresh notice.

(4)

Subject to the provisions of the last preceding subsection, the Minister, after the expiration of the said period, shall, by an instrument executed by him, apportion half the amount stated in the notice as the estimated cost of the work amongst the persons who have furnished their names under subsection (2) of this section as being willing to bear apportioned parts thereof, in such amount as he thinks just, and shall serve on each of them, at the address furnished by him under that subsection, a copy of the said instrument having annexed thereto particulars of the matters by reference to which each of the amounts has been arrived at and a statement of the period (which shall not be less than twenty-eight days from the date of the service of the copy) within which written objection to the amount apportioned to that person may be made by him to the Minister.

(5)

If no objection is duly made under the last preceding subsection within the time limited for the making of objections, or if all objections so made are withdrawn by the persons by whom they were respectively made, the Minister may do the work.

(6)

If an objection duly made as aforesaid is not withdrawn by the person by whom it was made, the Minister may revise the apportionment, and the provisions of the two last preceding subsections shall apply to a revised apportionment as they apply to an original apportionment.

(7)

Where the Minister has done work under this section, the amount apportioned to any person under the instrument by virtue of the execution of which the Minister became entitled to do the work or, where the actual cost of the work falls short of the estimated cost thereof, that amount abated rateably as between it and the remainder of the amounts so apportioned, shall be recoverable from that person by the Minister on the completion of the work.

(8)

Where work under this section for making improvements consists of or includes the making or restoration of permanent fences, subsections (1) and (2) of this section shall have effect as if references therein to persons enjoying or claiming to enjoy rights of common over the land for the benefit of which the improvements are intended included references to persons occupying adjoining land, and as if, in relation to any such person, there were substituted, for the reference in paragraph (b) of the said subsection (2) to rights claimed to be enjoyed, a reference to the adjoining land occupied by him.

(9)

Nothing done under this section shall be treated as an admission of the existence or non-existence of an obligation on the part of a person occupying land adjoining land subject to rights of common of pasture to fence against animals on the last-mentioned land, or as to the extent of any such obligation.

(10)

No work under this section on land subject to rights of common of pasture shall be so done as to prevent or impede access to that land or any part thereof for a period exceeding three years from the beginning of the work.

(11)

Notwithstanding the provisions of subsection (4) of section one of this Act, an operation specified in a notice published under subsection (2) of this section shall not, so far as the operation of this section is dependent on the publication of that notice, be deemed to cease to be an improvement by reason of the deletion from the First Schedule to this Act of that operation or any modification of the description thereof.

(12)

The power conferred by this section on the Minister to do work required for making improvements for the benefit of any land shall not be construed as extending so as to authorise the Minister to do work for that purpose on other land without the consent of all persons interested in that other land whose consent to the doing of the work would be requisite apart from this section.

(13)

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

13—17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

18Control of rams in England and Wales.

C1(1)

For the purpose of improving the quality of sheep the Minister of Agriculture and Fisheries may make regulations for controlling the keeping of rams and uncastrated ram lambs on land in England or Wales of such description as may be specified in the regulations, and, without prejudice to the generality of this subsection, any such regulations—

(a)

may prohibit persons from permitting to be on any such land as aforesaid in any area specified in the regulations—

(i)

any ram or uncastrated ram lamb unless it has been approved under the regulations as being suitable for the purpose of breeding from the flocks from time to time on any such land in that area; or

(ii)

any ram or uncastrated ram lamb declared, in manner provided by the regulations, to be, in the opinion of the said Minister, not so suitable;

(b)

may prohibit persons from permitting any ram or uncastrated ram lamb to be, during such period as may be specified in the regulations, on any such land as aforesaid in any area so specified, except under the authority of a licence granted in that behalf by the said Minister;

(c)

may provide for the inspection of rams and uncastrated ram lambs;

(d)

may provide for the marking, in accordance with the regulations, of any ram or uncastrated ram lamb inspected under the regulations according as it appears to the person or authority by whom the inspection is carried out to be suitable or unsuitable for the purpose of breeding from the flocks from time to time on land in any area specified in the regulations; and

(e)

may provide for requiring the slaughter or castration within such time as may be specified in the requisition of any ram or uncastrated ram lamb which, upon being inspected under the regulations, appears to the person or authority by whom the inspection is carried out to be—

(i)

of defective or inferior conformation and likely to beget defective or inferior progeny;

(ii)

permanently affected with any contagious or infectious disease; or

(iii)

permanently affected with any other disease rendering the ram or lamb unsuitable for breeding purposes;

and may empower such person or authority as may be specified in the regulations to cause a ram or ram lamb in respect of which default is made in complying with any such requisition as aforesaid to be castrated or slaughtered, and provide for the recovery of the cost incurred thereby from the person in default.

(2)

Regulations under this section may contain such incidental and supplemental provisions as appear to the Minister of Agriculture and Fisheries to be requisite or expedient for the purposes thereof, and may make different provision in relation to land in difficult areas and different descriptions of rams and lambs.

19Penalties for offences in connection with control of rams.

(1)

If any person permits a ram or lamb to be on any land in contravention of regulations made under the last preceding section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F1five poundslevel 1 on the standard scale, and, if any such contravention in respect of which a person has been convicted continues after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which the contravention so continues.

(2)

If any person with intent to deceive—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2uses, or lends to or allows to be used by another person, a licence granted under regulations made under the last preceding section; or

(b)

makes or has in his possession a document so closely resembling such a licence as to be calculated to deceive; or

(c)

alters or defaces a mark placed on a ram or lamb in pursuance of regulations so made;

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3twenty poundslevel 2 on the standard scaleor to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(3)

If any person—

(a)

places on a ram or lamb, otherwise than in pursuance of regulations made under the last preceding section, a mark prescribed by regulations so made; or

(b)

places on a ram or lamb a mark so closely resembling a mark so prescribed as to be calculated to deceive;

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty poundslevel 2 on the standard scaleor to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(4)

If a person on whom a requisition for the slaughter or castration of a ram or lamb has been duly served under regulations made under the last preceding section fails to comply with the requisition, he shall be liable on summary conviction to a fine not exceeding twenty poundslevel 2 on the standard scale, and, if any such failure in respect of which a person has been convicted continues after the conviction, he shall be guilty of a further offence and liable on summary conviction to a further fine not exceeding five pounds for every day during which the failure so continues.

C1(5)

If any person, without the permission of the Minister of Agriculture and Fisheries, at any time after such requisition as aforesaid has been duly served on him under regulations made under the last preceding section removes (otherwise than to a slaughter-house for the purpose of slaughter) the ram or lamb to which the requisition relates, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding five pounds in the case of the first offence or twenty pounds in the case of a second or any subsequent offence.

(6)

If any person obstructs or impedes any person in the exercise of any power conferred upon him by virtue of the last preceding section, he shall be liable on summary conviction to a fine not exceeding five pounds in the case of a first offence or twenty pounds in the case of a second or any subsequent offence.

20Power to regulate heather and grass burning in England and Wales.

(1)

The Minister of Agriculture and Fisheries may by regulations make provision for regulating or prohibiting the burning of heather F1grass, bracken, gorse and vacciniumon land in England or Wales, and any such regulations may be made so as to extend to the whole of England and Wales or to any specified area therein, may regulate or prohibit the burning of heather grass, bracken, gorse and vacciniumat all times or during such period as may be specified in the regulations and may contain different provisions with respect to land in different parts of England and Wales and to different periods.

(2)

If any person contravenes any provision of regulations made under this section, he shall be liable on summary conviction to a fine not exceeding F2five pounds or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.level 3 on the standard scale

21Avoidance or relaxation of covenants against heather and grass burning in England and Wales.

F1(1)

Where a lease of land in England or Wales contains a covenant, condition or agreement whereby the burning of heather or grass by the tenant is prohibited or restricted, the F2appropriate tribunal, on an application by the tenant, may if it appears to them that the covenant, condition or agreement is preventing or impeding the proper use for agricultural purposes of the land comprised in the lease or any of that land and that it is expedient in all the circumstances so to do, give such directions for avoiding or relaxing the covenant, condition or agreement as they think fit.

F3(1A)

Where the land lies partly in Wales and partly in England, for the purposes of anything required or authorised to be done under this section by or before an appropriate tribunal in relation to that land, the land shall be deemed to be situated entirely in the place where the greater part of the land lies.

(1B)

For the purposes of this section, “appropriate tribunal” means—

(a)

in England, the First-tier Tribunal; and

(b)

in Wales, the Agricultural Land Tribunal.

(2)

This section applies to leases made before or after the commencement of this Act and shall have effect notwithstanding any stipulation to the contrary.

(3)

In this section the expressions “landlord”, “tenant” and “lease” have the meanings assigned to them respectively by the M1Landlord and Tenant Act, 1927.

22F1

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

24Right of tenant to make muirburn notwithstanding terms of lease.

(1)

Where the tenant of any land is of the opinion that it is necessary or expedient for the purpose of conserving or improving that land to make muirburn thereon, it shall, subject to the provisions of this Act F1and Part 2 of the Wildlife Management and Muirburn (Scotland) Act 2024, be lawful for him to make muirburn thereon notwithstanding any provision in the lease of such land prohibiting, whether absolutely or subject to conditions, or restricting in any way, the making of muirburn.

(2)

Not less than twenty-eight days before so making muirburn the tenant shall give notice to the proprietor of the land of the places at which, and the approximate extent to which he proposes to make muirburn; and if the proprietor is dissatisfied as to the places at which, or the extent to which the tenant proposes to make muirburn, he shall, within seven days after the receipt of the intimation from the tenant, give notice to the tenant stating the grounds of his dissatisfaction and shall refer the matter to the Secretary of State for his decision, and pending such decision the tenant shall not proceed with the operation of muirburn with respect to which reference has been so made.

F2(2A)

Notice by a tenant to a proprietor of land under subsection (2)—

(a)

must be in writing; and

(b)

may be given to any person purporting to be authorised by the proprietor to receive the notice.

(3)

On any reference under the foregoing subsection the Secretary of State, after such inquiry as he may think fit, and after considering any representations made by the parties interested, shall give such directions as he may deem proper regulating the muirburn, and it shall thereupon be lawful for the tenant to make muirburn in accordance with the direction. Any direction given by the Secretary of State under this subsection shall be final.

F3(4)

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

25Regulation of muirburn.F1

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

32Advisory committees.F1

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

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

34Power to enter on and inspect land.

(F11)

For the purposes of this Act, an officer of the appropriate Minister authorised in that behalf by general or special directions given by him, F2. . . shall, on producing, if so required written evidence of his authority, have power at all reasonable times to enter on and inspect—

(a)

any land which he has reason to believe to be used, or to be capable of being used, for hill farming purposes; and

(b)

any land which he has reason to believe to be used in connection with the use for hill farming purposes of other land:

Provided that admission to any land shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(2)

If any person obstructs or impedes an officer of the appropriate Minister authorised as aforesaid . . . in the exercise of his powers under the preceding subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3level 2 on the standard scale in the case of a first offence or level 2 on the standard scale in the case of a second or any subsequent offence.

35Recovery of sums by Ministers.

Any sum recoverable under this Act by the Ministers or either of them may be recovered as a debt due to the Crown or summarily as a civil debt, and a complaint made for the purposes of recovering any such sum summarily as a civil debt may be made at any time within twelve months from the time when the matter of the complaint arose.

36Expenses of, and disposal of sums accruing to Ministers.

(1)

Any expenses which are incurred for the purposes of this Act by the Ministers or either of them, and which are not hereinbefore directed to be defrayed out of moneys provided by Parliament, shall be defrayed out of moneys so provided.

(2)

All sums recovered under any provision of this Act from any person by the Ministers or either of themF1... shall be paid into the Exchequer.

37Provisions as to laying before Parliament of instruments made under this Act.

(1)

Any such instrument as the following made under this Act shall be laid before Parliament forthwith after it is made, that is to say—

(a)

an order modifying the kinds of operations that are to be treated as improvements for the purposes of this Act;

F1(b)

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

c)—(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(f)

any regulations made under the provisions of this Act relating to the keeping of rams and uncastrated ram lambs on land in England or Wales; and

(g)

any regulations made under the provisions of this Act relating to the burning of heather F3grass, bracken, gorse and vacciniumin England or Wales,

and if either House of Parliament within the period of forty days after any such instrument is laid before it resolves that it be annulled, it shall thereupon become void, but without prejudice to the validity of anything done thereunder in the meantime or to the making of a new order or scheme or new regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

38Interpretation.C1

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say,—

  • “the appropriate Minister” means, in relation to England, Wales or Northern Ireland or functions exercisable with respect to England, Wales or Northern Ireland, the Minister of Agriculture and Fisheries, and, in relation to Scotland, the Secretary of State; and “the Ministers” means the Minister of Agriculture and Fisheries and F1the Secretary of State for Scotland and the Secretary of State for Wales

  • “hill farming land” and “hill farming purposes” have respectively the meanings assigned to them by section one of this Act.

39Provisions as to Scotland.

(1)

This Act shall, in its application to Scotland, have effect subject to the following modifications:—

a)—(b);

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

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(e)

in section thirty-five the word “summarily” and the words from “and a complaint” to the end of the section shall be omitted;

(f)

unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them respectively, that is to say—

  • “lease” in relation to a common pasture of grazing includes regulations made or approved by the Land Court under the Small Landholders (Scotland) Acts, 1886 to 1931;

  • “making muirburn” includes setting fire to or burning any heath or muir; and

  • “tenant” means a tenant for agricultural or pastoral purposes, and, in the case of a common pasture or grazing, includes the committee appointed under the Small Landholders (Scotland) Acts, 1886 to 1931.

(2)

The provisions of the Small Landholders (Scotland) Acts, 1886 to 1931, with regard to the Land Court shall, with any necessary modifications, apply for the purpose of the determination of any matter which they are required by or under this Act to determine, in like manner as those provisions apply for the purpose of the determination by the Land Court of matters referred to them under those Acts.

40Application to Northern Ireland.

(1)

This Act shall, in its application to Northern Ireland, have effect subject to the modifications specified in the succeeding provisions of this section.

(2)

The burning of heather or grass shall not be treated as an improvement for the purposes of this Act.

(3)

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

F2(4)

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

(5)

For section eleven there shall be substituted the following section:—

“

11

The Settled Land Act, 1882, as amended by any subsequent enactment, shall have effect as if the improvements enumerated in section twenty-five thereof (being improvements on which capital trust money may be expended) included any operation which is to be treated as an improvement for the purposes of this Act, and which is of a kind prescribed by regulations made by the Minister of Agriculture and Fisheries as being of a permanent character.”

(6)

Section thirty-four shall have effect as if references therein to an officer of the appropriate Minister authorised as therein mentioned by general or special directions given by him included references to an officer of the Ministry of Agriculture for Northern Ireland authorised to act under that section by general or special directions given by that Ministry on behalf of the appropriate Minister.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

41Short title.

This Act may be cited as the Hill Farming Act, 1946.

1

Erection, alteration, enlargement or reconditioning of farm buildings.

2

F1Erection, Alteration, enlargement or reconditioning of farm houses.

3

Erection, improvement or reconditioning of cottages attached, or to be attached, to a F1farm

4

Making or improvement of roads or bridges F1and of piers, jetties or slips

5

Making or improvement of watercourses, ponds or wells or of works for the application of water power or for the supply of water for agricultural or domestic purposes.

6

Execution of works for or in connection with the supply of electricity for agricultural or domestic purposes.

7

Provision F1or improvement of accommodation for the dipping or treatment of sheep or cattle.

8

Provision F1or improvement of pens and other equipment for use for or in connection with the sheltering, gathering, marking, dipping or treatment of sheep or cattle.

9F1

Construction or improvement of silos

10

Making or removal of permanent fences.

11

Restoration F1or improvement of permanent fences.

12

Provision F1or improvement of grids designed or adapted to prevent the passage of sheep or cattle.

13

Drainage.

14

Reclaiming of waste land.

15

Establishment of shelter belts.

16

Liming of land.

17

Application to land of purchased artificial or other purchased manure.

18

Laying down of permanent pasture.

19

Reseeding and regeneration of grazings and other cultural operations.

20

Removal of bracken, whins, gorse, bushes, scrub, stumps, roots F1boulders or other like obstructions to cultivation

21

Burning heather or grass or making muirburn.

22

Provision of machinery and implements.

23

Pest destruction.