Agriculture and Horticulture Act 1964

Part I — Price Stability of Imported Products

Price stability of imported products

1

• (1) In the interest of maintaining in the United Kingdom a stable market for agricultural or horticultural produce of any description produced in the United Kingdom, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland acting jointly may by order specify produce of that description or any of its related products or both as commodities in relation to which the powers conferred by subsection (2) below may be exercised; and for the purposes of this section “specified commodity” means any description of produce or related produce in relation to which those powers are for the time being exercisable by virtue of such an order.

• (2) In relation to any specified commodity the Ministers aforesaid may by order prescribe a minimum price level for imports into the United Kingdom; and with a view to maintaining the level so prescribed for any commodity or to allowing for the effect for that or other specified commodities of its maintenance, they may by order direct that on any specified commodity imported into the United Kingdom there shall be charged for the use of Her Majesty such levy as may be prescribed by or determined in accordance with the order.

• (3) Where in the case of any specified commodity a minimum price level is prescribed or levy is imposed under subsection (2) above, the Ministers aforesaid may by order provide for the granting, in such circumstances and subject to such conditions as may be provided for in the order,—

• (a) of allowances or reliefs in respect of the levy (if any) chargeable on the imported commodity; and

• (b) in connection with the exportation of any goods from the United Kingdom, of such other allowances on or relating to the commodity (whether or not imported or subject to any levy) as appear to the Ministers aforesaid to be proper by reason of the effects of the minimum price level or levy;

and orders under this subsection may require the payment to the Ministers aforesaid or any of them of fees or other charges in connection with applications made to them or him with a view to the granting of any allowance or relief under this subsection.

• (4) No order shall be made under subsection (2) or (3) above without the approval of the Treasury, unless the order deals only with the rates of any levy, allowance or relief which is provided for by a previous order.

• (5) The Minister of Agriculture, Fisheries and Food acting alone shall have the like powers as the Ministers aforesaid have under subsections (2) and (3) above to make orders dealing only with the rates of levies, allowances and reliefs provided for by previous orders.

• (6) Orders under subsection (2) or (3) above may make different provision for any specified commodity by reference to quality, origin or otherwise; and in exercising their powers under this section the Ministers aforesaid may have regard to the interests of agricultural or horticultural producers in the Commonwealth and elsewhere overseas.

• (7) Any power to make orders under this section shall include power to vary or revoke any order made in the exercise of the power, and shall be exercisable by statutory instrument.

• (8) Orders under this section, other than orders made after a draft has been laid before Parliament and approved by resolution of each House, shall be subject to the following Provisions:—

• (a) any order by virtue of which a commodity not for the time being a specified commodity becomes a specified commodity shall cease to have effect at the end of the forty days beginning with that on which it is made (but without prejudice to anything previously done under the order or to the making of a new order), unless the order is within those forty days approved by resolution of each House of Parliament; and

• (b) any other order, not being an order dealing only with the rates of any levy, allowance or relief which is provided for by a previous order, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In reckoning for the purposes of paragraph (a) above any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

• (9) Subject to the provisions of this section and of any order made under it, the provisions set out in the Schedule to this Act shall have effect for the administration of and other purposes relating to levies, allowances and reliefs under this section.

• (10) For the purposes of this section “produce” includes anything (whether live or dead) produced in the course of agriculture or, as the case may be, horticulture; and “related product”, in relation to produce of any description, means—

• (a) any product of a description which is obtained from that produce or from any related product, with or without any process of manufacture, or is obtained by the use of that produce or by that of any related product as a material, component or ingredient; and

• (b) any substance or article of a like nature or use to the produce or to any related product.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Further Grants for Horticultural Improvements

Extension of system of grants under Part I of Horticulture Act 1960

Grants for improving efficiency of small production businesses

2

• (1) The appropriate Minister may with the approval of the Treasury make a scheme containing provision for the making by him of a grant in connection with the carrying out by any person of a programme designed to increase the efficiency of a small horticultural production business and submitted to and approved by that Minister in accordance with the scheme.

• (2) A scheme under this section (hereinafter referred to as “a scheme”) may—

• (a) provide for the payment of grants by instalments over such period as is specified in the scheme;

• (b) make the payment of grants, or of instalments of grants, subject to compliance with such conditions, whether as to the capacity of the business (determined in accordance with the scheme), the security of tenure of land on which the business is carried on, the period within which or the manner in which the programme or any part thereof is to be carried out, or any other matter, as are specified in or under the scheme;

• (c) provide for a programme approved by the appropriate Minister under the scheme to be modified from time to time with his approval, and thereafter to have effect for the purposes of the scheme as so modified;

• (d) contain such incidental and supplemental provisions as appear to the appropriate Minister expedient for the purposes of the scheme.

• (3) Subject to subsection (4) below, where the appropriate Minister has approved a programme for the purposes of a scheme he may revoke the approval if, at any time before the carrying out of the programme is completed, it appears to him—

• (a) that the business has ceased to be carried on or has ceased to be a small horticultural production business; or

• (b) that any condition imposed in connection with the payment of a grant or instalments thereof under this section in relation to the programme has not been, or will not be, complied with; or

• (c) that in connection with an application for approval of the programme or of any modification of the programme the applicant gave information on any matter which was false or misleading in a material respect;

and if before the revocation any payment is made by way of grant under the scheme in respect of the programme, the appropriate Minister may recover the payment or so much thereof as he may think fit.

• (4) Before revoking an approval under subsection (3) above the appropriate Minister—

• (a) shall give to any person to whom any payment by way of grant in relation to the programme would be payable, or from whom any such payment would be recoverable, a written notification of the reasons for the proposed revocation; and

• (b) shall accord to each such person an opportunity, either in person or by counsel, solicitor or agent, of appearing before and being heard by a person appointed for the purpose by that Minister; and

• (c) shall consider the report of a person so appointed and supply a copy of the report to each person who was entitled to appear before the person submitting it.

• (5) A scheme may be made for England and Wales, for Scotland, for Northern Ireland or for any two or all of those parts of the United Kingdom jointly, and may be varied or revoked by a subsequent scheme.

• (6) In this section “small horticultural production business” means, in relation to any scheme, a horticultural production business which is conducted on land not exceeding in extent such area as is specified in that behalf in the scheme, and which satisfies such other requirements (whether as to minimum area or otherwise) as may be so specified:

Provided that a horticultural production business shall not, so far as concerns a programme relating to the business submitted at any time for approval under a scheme, be treated as ceasing to be a small horticultural production business by reason only of any increase after that time in the area of the land on which the business is conducted.

Grants for clearing orchards

3

Grants for improvement or initial operation of co-operative marketing businesses

4

• (1) Subject to section 6 of this Act where the appropriate Minister approves a programme making provision for expanding, or increasing the efficiency of, an existing horticultural producers' marketing business or for the initial operation of a newly-established horticultural producers' marketing business he may, in such manner and subject to such conditions as with the approval of the Treasury he may determine, make to the person carrying on or proposing to carry on the business a grant towards the expense of carrying out the programme not exceeding one-third of an amount specified in the programme as being the estimated amount of that expense.

• (2) The reference in subsection (1) above to the initial operation of a business shall be construed, in relation to any matter dealt with by a programme, as a reference to its operation during such period ending not later than two years after the establishment of the business as is specified in relation to that matter in the programme.

• (3) Subject to subsection (4) below, where the appropriate Minister has approved a programme under this section relating to a horticultural producers' marketing business he may revoke the approval if, at any time before the carrying out of the programme is completed, it appears to him—

• (a) that the business has ceased to be carried on, or has ceased to be a horticultural producers' marketing business; or

• (b) that any condition imposed by him in relation to the programme has not been, or will not be, complied with; or

• (c) that in connection with an application for approval of the programme the applicant gave information on any matter which was false or misleading in a material respect;

and if before the revocation any payment is made by way of grant under this section in respect of the programme, the appropriate Minister may recover the payment or so much thereof as he may think fit.

• (4) Subsection (4) of section 2 of this Act shall apply in relation to a revocation of approval under subsection (3) above as it applies in relation to a revocation of approval under subsection (3) of the said section 2.

Grants for co-operative markets

5

• (1) In section 1(2) of the Horticulture Act 1960 (which authorises the making of grants to persons carrying on horticultural producers' marketing businesses in respect of expenditure on specified facilities for the storage, preparation for market or transport of horticultural produce in the course of the business) there shall be inserted at the end the words " or for conducting a market for the sale of horticultural produce in the course of the business, being a market wholly or mainly for transactions by wholesale ".

• (2) As respects grants in relation to the provision of facilities for conducting markets, references in the said section 1(2) as so amended to a horticultural producers' marketing business shall include references to a business which—

• (a) is carried on by an association the members of which are persons carrying on horticultural producers' marketing businesses or consist of one or more such persons together with another person or other persons, and which answers the description set out in paragraph (a) or (b) of the definition of " co-operative association " contained in section 8(4) of the Horticulture Act 1960, and

• (b) consists of the marketing of horticultural produce produced in the course of horticultural production businesses by persons—

• (i) who are members of the association, or

• (ii) who are members of a co-operative association (within the meaning of the said section 8(4)) which is itself a member of the association, or

• (iii) where the Land Settlement Association Limited is a member of the association, who are occupiers of land under the management of that Association;

and shall also include references to so much of a larger business so carried on as consists of the marketing of horticultural produce so produced.

Supply of produce to co-operative marketing businesses

6

• (1) A grant under section 4 of this Act or section 1(2) of the Horticulture Act 1960 (as amended by section 5 of this Act) shall not be made to an association whose business comprises the marketing of horticultural produce grown by its members unless the appropriate Minister is satisfied that the constitution of the association contains provision designed to secure that a sufficient proportion of the horticultural produce grown by a member is made available by him for marketing by the, association.

• (2) Subsection (1) above shall not apply to a grant under the said section 1(2) where application was made for the grant before the commencement of this Act.

Aggregate amount of grants, and time for application therefor

7

• (1) The aggregate amount of the grants under the provisions of sections 1 and 4 of the Horticulture Act 1960 and sections 2 to 5 above shall not exceed £42 million or, if the Minister and the Secretary of State acting jointly (in this Act referred to as “the Ministers”) by order made with the approval of the Treasury so direct, [£47 million]

• (2) No grant shall be payable under any of the said provisions unless the application therefor was made, or, in the case of a grant in respect of the carrying out of an approved programme, the programme was submitted to the appropriate Minister for his approval, before the expiration of ten years from the commencement of this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction of sections 2 to 6

8

Sections 2 to 7 above shall be construed as one with Part I of the Horticulture Act 1960.

Other grants

Grants towards fulfilling guarantees of bank loans

9

• (1) The Minister may, in such manner and subject to such conditions as he may with the approval of the Treasury determine make a grant to any person in respect of expenditure incurred by that person in fulfilling a guarantee given by him during the period of five years beginning on 1st April 1964, as security for a loan made in the course of a banking business to a person requiring the loan for the purposes of a horticulture business carried on by him.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this section—

• “horticulture business” means either—a horticultural production business as defined by section 8(2) of the Horticulture Act 1960, ora horticultural producers’ marketing business as defined by section 8(3) and (4) of that Act,but in the application of the said section 8(4) for the purposes of this definition “the appropriate Minister” shall in all cases mean the Minister;

• “year” means a period of twelve months beginning on 1st April.

Grants for wholesale markets of national importance

10

• (1) The appropriate Minister may, with the approval of the Treasury and in such manner and subject to such conditions as he may with that approval determine, make a grant of an amount not exceeding one-third of the amount of expenditure reasonably incurred by any person in, or in connection with, the provision, reconstruction or extension of a market for the sale of horticultural produce by wholesale, being a market which, having regard to the volume of business transacted or expected to be transacted therein, appears to the Ministers to be, or to be likely to become, of major importance in the national system of distribution of horticultural produce.

• (2) As respects the making in relation to a market of a grant to a local authority under this section—

• (a) where expenditure in, or in connection with, the provision, reconstruction or extension of the market is reasonably incurred by the authority in the execution of works on land neither purchased by the authority (whether compulsorily or by agreement) for the purpose of the market nor previously used by the authority for that purpose, the authority shall be treated as having incurred in the acquisition of the land for that purpose expenditure equal to an amount calculated as follows, that is to say—

• (i) where the land was appropriated by the authority for the purpose of the market, the amount shall be equal to such amount as, on the adjustment of the accounts of the authority following the appropriation, was treated as being the then value of the land, or

• (ii) where the land became vested in the authority under any enactment as the direct or indirect successor to another local authority by whom the land was purchased (whether compulsorily or by agreement) for the purpose of the market or was appropriated for that purpose, the amount shall be equal to the expenditure incurred by that authority in carrying out the purchase or, as the case may be, to such amount as, on the adjustment of the accounts of that authority following the appropriation, was treated as being the then value of the land;