The Smallholdings (Contributions Towards Losses) Regulations 1970

Except in so far as the context otherwise requires, any reference in these regulations to a regulation or a Schedule bearing a number is a reference to the regulation or Schedule bearing that number in these regulations.

In these regulations, unless the context otherwise requires—

• “the Act” means the Agriculture Act 1970;

• “the Act of 1926” means the Small Holdings and Allotments Act 1926;

• “the Act of 1931” means the Agricultural Land (Utilisation) Act 1931;

• “the Act of 1947” means the Agriculture Act 1947;

• “contribution” means an annual contribution payable by the Minister to a relevant authority towards their losses in respect of smallholdings land or cottage holdings land and, in relation to a contribution adjusted pursuant to regulation 5, means the contribution as so adjusted;

• “cottage holdings authority” means a county council or a county borough council who immediately before the commencement of Part III of the Act held land for the purposes of cottage holdings or the Greater London Council;

• “cottage holdings land” means land held by a cottage holdings authority immediately before the commencement of Part III of the Act for the purposes of cottage holdings;

• “the Minister” means the Minister of Agriculture, Fisheries and Food and includes the Minister by his former style and title of the Minister of Agriculture and Fisheries and “the appropriate Minister” means, in relation to England, except Monmouthshire, the Minister and, in relation to Wales, including Monmouthshire, the Minister and the Secretary of State for Wales acting jointly;

• “relevant authority”, in relation to a contribution, means the small holdings authority or the cottage holdings authority to whom it is payable;

• “smallholdings land” means any land held by a smallholdings authority immediately before the commencement of Part III of the Act for the purposes of smallholdings.

Except in so far as the context otherwise requires any reference in these regulations to any enactment shall be construed as a reference to that enactment as amended, extended or applied by any other enactment.

The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

smallholdings land, being contributions payable by virtue of an undertaking given by the Minister under section 2 of the Act of 1926 or under section 58 of the Act of 1947 either before or after these regulations come into operation; and

cottage holdings land, being contributions payable by virtue of an undertaking given by the Minister under section 2 of the Act of 1926 as applied by section 12 of the same Act or by section 12 of the Act of 1931.

Payment of all contributions to a relevant authority shall be made by the Minister in two equal half-yearly instalments on such dates in each year as may be agreed by the appropriate Minister with the authority.

Application for payment of contributions shall be made to the Minister yearly not less than one month before the first instalment for the year is due to be paid and shall be signed by the Treasurer, Accountant or other authorised officer of the relevant authority and shall be in the form set out in Schedule 1 or in a form substantially to the like effect.

In this regulation, “year” means a period of twelve months ending on 31st March.

Where any smallholdings land is sold, exchanged, appropriated for other purposes or let otherwise than under section 44 of the Act by a smallholdings authority or where any cottage holdings land is sold, exchanged or appropriated for other purposes by a cottage holdings authority, the smallholdings authority or the cottage holdings authority, as the case may be, shall forthwith after the completion of the sale, exchange, appropriation or letting, furnish particulars thereof to the appropriate Minister in a statement in the form set forth in Schedule 2, adapted as required in accordance with the notes to the Schedule, or in a form substantially to the like effect, which statement shall be signed by the Treasurer, Accountant or other authorised officer of the authority; and the appropriate Minister may adjust, in such manner as he thinks fit having regard to any such particulars, the amount or aggregate amount of any contributions payable to that authority in relation to smallholdings land where the land sold, exchanged, appropriated or let was smallholdings land or in relation to cottage holdings land where the land sold, exchanged or appropriated was cottage holdings land, in a case where the land sold, exchanged, appropriated or let is land which has been or formed part of—

In this regulation—

to a smallholdings authority to whom no contributions are payable in respect of smallholdings land on the date on which these regulations come into operation, or

to a cottage holdings authority to whom no contributions are payable in respect of cottage holdings land on that date,

The regulations specified in column 1 of Schedule 3 are hereby revoked to the extent shown in column 2 of the Schedule.

Section 38 of the Interpretation Act 1889 shall apply as if these regulations were an Act of Parliament and as if any regulations revoked by these regulations were Acts of Parliament repealed by an Act of Parliament.