Agriculture Act 1967

the Board may be authorised by the appropriate Minister to acquire the outstanding land compulsorily, and the Acquisition of Land Act 1981 or, as the case may be, the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if the Board were a local authority within the meaning of the relevant Act and as if this section were comprised in an Act in force immediately before the commencement of the relevant Act.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of afforestation.

52

• (1) Subject to this section, no person shall plant land in the area of a Rural Development Board with trees except under the authority of a licence granted by the Board.

• (2) Subsection (1) above shall not apply—

• (a) to planting by the appropriate forestry authority,

• (b) so long as the covenant, agreement or scheme in question continues in force, but without prejudice to the enforceability of any condition contained in a licence granted before it was entered into or, as the case may be, took effect, to land which is subject to a forestry dedication covenant or agreement as defined in section 5 of the Forestry Act 1967, or the subject of an approved woodlands scheme made under the powers contained in that Act or any enactment repealed by that Act,

• (c) to land which is, or at some time in the period of ten years before the planting has been, woodland,

• (d) to the planting of land of an area not exceeding four hectares, but not so as to permit more than four hectares of land in the ownership of any one person or, where two or more agricultural units are in the same ownership, more than four hectares in each unit, to be planted in any period of twelve months,

• (e) to the planting of fruit trees or to land forming part of an orchard,

• (f) to land forming part of a public open space, or to land which it is not reasonably practicable to put to any beneficial use in its existing state,

• (g) to planting required as a condition imposed on the granting of planning permission under the Town and Country Planning (Scotland) Act 1997 or the Town and Country Planning Act 1990 or as a condition attached to a felling licence granted, or having effect as if granted, under the Forestry Act 1967,

to planting required as a condition—

• (i) imposed on the granting of planning permission under the Town and Country Planning (Scotland) Act 1997 or the Town and Country Planning Act 1990,

• (ii) attached to a felling licence granted, or having effect as if granted, under the Forestry Act 1967, or

• (iii) imposed on a felling permission, felling direction, restocking direction, registered notice to comply, remedial notice or registered remedial notice under the Forestry and Land Management (Scotland) Act 2018,

• (h) if the order establishing the Board so provides, to planting carried out during such period not exceeding three months from the date on which it is established as may be specified in the order.

• (3) An application for a licence under this section shall be in such form as the Board direct, and on the application the Board may refuse or grant it either with or without conditions; and the Board shall exercise their powers under this section as a means of meeting the problems and needs described in section 45 of this Act in their area.

• (4) The Board may in particular grant a licence subject to any condition—

• (a) governing the kinds of trees planted,

• (b) where the licence authorises the planting of a short-term crop, requiring the use of the land for growing trees to be discontinued by the end of a specified period, and requiring before the end of that period the carrying out of such works for the clearing of the land as will make it suitable for agricultural purposes,

• (c) limiting the period within which the planting authorised by the licence is to be carried out,

• (d) requiring the planting, and any fencing in connection therewith, to be carried out in such a way that access to other land will not be blocked.

• (5) A licence under this section shall name the person to whom it is granted, and shall authorise planting by that person only unless it is endorsed by the Board in favour of another; and—

• (a) the Board shall not endorse a licence in favour of any person except with the consent in writing of the person for the time being entitled to its benefit,

• (b) subject to the foregoing paragraph, it shall be the duty of the Board to endorse a licence on the application in writing of a person owning for the time being the same estate or interest in the land to which the licence relates as that owned by the grantee of the licence at the time when it was granted or (by virtue of subsection (12) below) is deemed to have been granted,

• (c) subject to that paragraph, in any other case the Board may grant or refuse an application for endorsement as they think fit.

• (6) The Board shall, within two months of receipt of an application duly made for a licence under this section, serve on the applicant, and on all persons other than the applicant who have an estate or interest in the land to which the application relates, other than a minor tenancy, notice of the manner in which the application has been dealt with; and, except where their decision is to grant a licence without any conditions other than a condition requiring the planting which is authorised to be carried out within a period of five years from the grant of the licence, the notice shall give the reasons for their decision.

• (7) Within two months of receipt of a notice under subsection (6) of this section, the applicant and any person other than the applicant who has an estate or interest, other than a minor tenancy, in the land to which the notice relates, may appeal to the appropriate Minister against the decision and—

• (a) before determining the appeal the appropriate Minister shall, if either the appellant or the Board so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the appropriate Minister for the purpose,

• (b) the appropriate Minister may allow or dismiss the appeal, or may reverse or vary any part of the decision of the Board on the application, whether the appeal relates to that part or not, and

• (c) the appropriate Minister shall serve notice of his decision on the appeal on the appellant and on every person other than the appellant who has an estate or interest, other than a minor tenancy, in the land to which the appeal relates.

• (8) A person who contravenes subsection (1) of this section, or any condition subject to which a licence is granted under this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (9) Where a person is convicted of an offence under the last foregoing subsection the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may on application enlarge the time so specified; and if the order is not complied with that person shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the non-compliance continues.

• (10) Proceedings in respect of an offence under subsection (8) of this section may be instituted within six months of the first discovery of the offence by the person taking the proceedings, so, however, that no proceedings shall be instituted in respect of such an offence more than two years after the date of the offence.

• (11) A Rural Development Board in granting consent under section 49 of this Act to the transfer of land which in their opinion is land in respect of which an offence has been committed under subsection (8) of this section may impose a condition that the consent shall not take effect until such steps as may be specified by the Board in granting their consent have been taken to remedy the matters in respect of which the alleged contravention occurred, and the conditions so imposed may be varied by the court in exercising its jurisdiction under subsection (9) of this section.

• (12) An application for a licence under this section must be sent to the Board by registered post or recorded delivery service, or delivered to the secretary or chief officer of the Board, and if within the period specified in the next following subsection the Board do not notify the applicant of their decision on the application, this section shall have effect as if at the expiration of that period the Board had granted the licence applied for without any conditions other than a condition requiring the authorised planting to be carried out within five years from that date; and it shall be the duty of the Board to grant a licence to the applicant in those terms.

• (13) An applicant who has not received a notice as required by subsection (6) of this section may by notice (to be served on the Board in the way required for service of his application) require the Board to make good their default and the period at the end of which subsection (12) above shall operate shall be the period of fourteen days from the service of that notice.

• (14) For the purpose of this section the period of twelve months mentioned in subsection (2)(d) of this section shall, in relation to any land, include a period beginning before the land is within the Board’s area.

• (15) In this section, unless the context otherwise requires—

• “minor tenancy” means a tenancy of less than twelve months;

• “public open space” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the Law of Property Act 1925 or of Part V of the National Parks and Access to the Countryside Act 1949 or Part I of the Countryside and Rights of Way Act 2000)) for the purpose of public recreation, or land being a disused burial ground.

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Boards' annual reports and accounts.

53

• (1) A Rural Development Board shall prepare and transmit to the appropriate Minister annually a report setting out what has been done in the discharge of their functions under this Act during their financial year last completed, and the appropriate Minister shall lay a copy of the report before each House of Parliament.

• (2) A Rural Development Board shall keep proper accounts and other records in such form as the appropriate Minister may, with the approval of the Treasury, determine.

• (3) A Rural Development Board shall prepare and transmit to the appropriate Minister in respect of each of their financial years statements of account in such form as the appropriate Minister may, with the approval of the Treasury, determine, and the appropriate Minister shall transmit them on or before 30th September following the financial year to the Comptroller and Auditor General, who shall examine and certify them and lay copies of them together with his reports thereon before each House of Parliament.

Directions to Boards by appropriate Minister.

54

• (1) The appropriate Minister, after consultation with a Rural Development Board, may give to the Board such directions of a general character with respect to the performance of any functions of the Board as appear to him to be requisite in the public interest.

• (2) The Minister of Agriculture, Fisheries and Food or, as the case may be, the Secretary of State may, as respects such of a Board’s books, records and accounts as appear to him to be ones in respect of which, having regard to his relationship with the Board, it is reasonable to give such a direction, direct that they shall be kept available by the Board at all reasonable times for inspection by him or on his behalf or by or on behalf of the Comptroller and Auditor General.

• (3) A Board’s report for any year under the last foregoing section shall set out any directions given by the appropriate Minister under subsection (1) of this section to the Board during that year, unless the appropriate Minister has notified the Board his opinion that it is against the interests of national security to do so.

• (4) It shall be the duty of the Board to comply with any directions given by the appropriate Minister under this section.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry and of obtaining information.

55

• (1) A person duly authorised in writing by a Rural Development Board may, on producing if so required a duly authenticated document showing his authority, enter on any land in the Board’s area for the purpose of determining whether, and in what way, any of the functions of the Board should be exercised in relation to the land.

The right of entry under this subsection may be exercised at any reasonable time, but a person shall not demand admission as of right to any land which is occupied unless at least forty-eight hours’ notice, or in the case of land occupied for residential purposes at least seven days’ notice, of the intended entry has been given to the occupier.

A person who wilfully obstructs any person acting in the exercise of his powers under this subsection shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (2) A person leaving any land which he has entered by virtue of the foregoing subsection shall, if the land is unoccupied or the occupier is temporarily absent, leave it as effectively secured against trespassers as he found it.

• (3) A Board may by notice served on the owner or occupier of any land in their area, require him to furnish them with such information as may be specified in the notice with regard to the land as the Board may reasonably require for the discharge of such of their functions in relation to the land as may be specified in the notice.

A person who fails without reasonable cause, or neglects, to furnish to the Board within three months after service of the notice the information specified in the notice shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) Information obtained under this section shall not be disclosed except—

• (a) with the consent of the person by whom the information was furnished, or

• (b) to a member, officer or servant of the Board or to any person exercising functions on behalf of the Board, or

• (c) to any Minister or to an officer or servant or other person appointed by or exercising functions on behalf of any Minister, or

• (d) for the purpose of any proceedings pursuant to this Part of this Act, or of any criminal proceedings which may be taken whether pursuant to this Act or otherwise, or for the purpose of a report of any such proceedings,

and a person who discloses information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding one hundred pounds or imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.

Application of Part III to Highlands and Islands of Scotland.

56

• (1) Sections 45 to 55 of this Act shall not apply in relation to the application of this Part of this Act to the Highlands and Islands, except as provided in this section.

• (2) Where the Secretary of State is satisfied that the special problems and needs referred to in the said section 45 exist in any area of the Highlands and Islands (including the whole area thereof), he may by order made (so far as applicable) in accordance with the provisions of that section and Part I of Schedule 5 to this Act apply to that area such of the provisions of section 27(1)(c) of this Act and the said sections 45 to 55 as he may think necessary for the purposes of this Part of this Act, and any powers and functions exercisable by a Rural Development Board by virtue of those provisions shall for the said purposes be conferred on the Highlands and Islands Development Board, but without prejudice to their existing powers and functions, and any reference in this Act to a Rural Development Board and to its area shall be construed accordingly.

• (3) On the making of an order under this section which applies any of the provisions of sections 49, 50 and 52 of this Act the Secretary of State shall cause such a notice as is mentioned in section 45(9) of this Act to be lodged and made available in accordance with that subsection.

• (4) “Highlands and Islands” in this section has the same meaning as in the Highlands and Islands Development (Scotland) Act 1965.

Supplemental

Interpretation of Part III.

57

• (1) In this Part of this Act, except where the context otherwise requires—

• “amalgamation”, “boundary adjustment”, “commercial unit”, “intermediate unit” and “uncommercial unit” have the same meanings as in Part II of this Act;

• “the appropriate forestry authority” means the Forestry Commission in relation to England , the Scottish Ministers in relation to Scotland ...;

• “prescribed”, in relation to the contents of a scheme, means prescribed by the scheme;

• “woodland” includes all land used primarily for the growing of trees.

• (2) For the purposes of this Part of this Act land in the area of a Rural Development Board shall be regarded as having been within that area from the date when the Board is established except that, if included by an order varying the Board’s area, it shall be regarded as being within that area from the date when that order takes effect.

• (3) Section 107 of the Agriculture Act 1947 or, as the case may be, section 83 of the Agriculture (Scotland) Act 1948 (manner of service of notice) shall apply to notices required or authorised to be served by a Minister or a Rural Development Board under this Part of this Act.

PART IV — Co-operative Activities

The Central Council for Agricultural and Horticultural Co-operation.

58

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

Council's annual report and accounts.

59

Directions to Council by Ministers.

60

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

Grants for purposes connected with co-operative activities.

61

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

Supplemental.

62

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

PART V — Miscellaneous

Financial assistance for certain bodies making agricultural loans.

63

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Grants towards fulfilling guarantees of bank loans to agriculture or horticulture businesses.

64

• (1) Section 9 of the Agriculture and Horticulture Act 1964 (grants towards fulfilling guarantees of bank loans to horticulture businesses) shall not apply in relation to any guarantee given after 31st March 1966 (but the provisions of this section shall apply in relation to such guarantees).

• (2) 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 as security for a loan made in the course of a banking business to a person requiring the loan for the purposes of an agriculture or horticulture business carried on by him, where—

• (a) the guarantee was given during the period of three years beginning on 1st April 1966, or

• (b) the guarantee was given in the year ending on 31st March 1966 and the grant could not be given under the said section 9 of that Act of 1964 and is given after the end of the said year.

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

• (4) The aggregate of sums paid by way of grant under this section ... in the year ending on 31st March 1968 or in any subsequent year shall be subject to a limit of three hundred thousand pounds increased, where the aggregate of sums so paid in the last preceding year falls short of the limit for that year (whether it be the limit under this or the last foregoing subsection), by the amount of the difference or six hundred thousand pounds, whichever is the less.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In this section—

• “agriculture or horticulture business” means either—

• (a) a business which consists, or so much of a larger business as consists, of the producing in the United Kingdom of agricultural or horticultural produce for sale or of the producing in the United Kingdom of agricultural or horticultural produce for sale and its storage, preparation for market or transport, or

• (b) the activities of any co-operative association so far as they consist of assisting members in the production in the United Kingdom of agricultural or horticultural produce for sale by the provision of buildings, equipment, facilities or services required in connection therewith, or

• (c) a co-operative marketing business;

• “agricultural or horticultural produce” means anything (whether live or dead) produced in the course of agriculture and without prejudice to the generality of that definition the expression “agricultural or horticultural produce” shall include all horticultural produce as defined in section 8(1) of the Horticulture Act 1960;

• “co-operative marketing business” means a business carried on by a co-operative association and consisting of, or so much of a larger business so carried on as consists of, the storage, preparation for market or marketing, for the sole or primary purpose of assisting members engaged in the production in the United Kingdom of agricultural or horticultural produce for sale, of agricultural or horticultural produce produced by members of the association;

• “co-operative association” means—

• (a) a registered society as defined in section 74 of the Industrial and Provident Societies Act 1965 or a society registered under the Industrial and Provident Societies Acts (Northern Ireland) 1893 to 1963, or

• (b) any body which (whether incorporated or not) has a written constitution from which the Minister is satisfied, having regard to any provision as to the manner in which profits of the body are to be applied for the benefit of its members and all other relevant provisions, that the body is in substance a co-operative association;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “year” means a period of twelve calendar months.

• (8A) For the purposes of the definitions in subsection (8) above of “co-operative marketing business" and “co-operative association", the members of a co-operative association shall be deemed to include the members of any other co-operative association which—

• (a) is a member of the first mentioned association, or

• (b) is deemed to be such a member by virtue of paragraph (a) above or this paragraph.

• (9) This section extends to Northern Ireland.

Grants for keeping farm business records.

65

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

Diseases of animals.

66

Sick pay for agricultural workers.

67

• (1) The minimum rates of wages for workers employed in agriculture which the Agricultural Wages Board has power to fix under section 3(1)(a) of the Agricultural Wages Act 1948 may include minimum rates of wages for periods when a worker so employed is absent in consequence of sickness or injury, and may include them notwithstanding that under the contract of employment no remuneration is payable in respect of any such period.

• (2) In section 3(7) of the said Act, and paragraph 5 of Schedule 4 to that Act (which authorise—

• (a) the fixing of a minimum rate of wages so that remuneration received is calculated by reference to periods during the currency of employment, and

• (b) alternative provisions applying according to different circumstances arising during the currency of employment)

references to currency of employment shall, in accordance with subsection (1) of this section, include periods of sickness or injury.

• (3) An order of the Agricultural Wages Board which fixes minimum rates of wages for periods when a worker is absent in consequence of sickness or injury—

• (a) may treat a period of sickness or injury as being during the currency of employment notwithstanding that the contract of employment has terminated, but not where the contract of employment is terminated by notice given before the commencement of the sickness or the occurrence of the injury,

• (b) may limit the period or periods for which a minimum rate of wages is so fixed in any way, and in particular may relate the period or periods to the duration of the period for which the worker has worked for the employer,

• (c) may make the right to the minimum rate of wages depend on compliance by the worker with any conditions, including in particular conditions as to the production of a medical certificate or other evidence of incapacity for work due to sickness or injury,

• (d) may provide for the times at which, and conditions subject to which, the right to receive wages at the minimum rate is to accrue, and the wages are to become payable,

• (e) may provide for account to be taken, in arriving at the minimum rate of wages, of any benefits payable under Parts II to V of the Social Security Contributions and Benefits Act 1992or Part II of the Social Security Pensions Act 1975.

• (4) Subsection (1) of this section shall not alter the construction of any order made under the said Act before the passing of this Act.

• (5) Section 17 of the said Act shall apply for the interpretation of this section.

• (6) In the application of this section to Scotland—

• (a) any reference to the Agricultural Wages Board shall be construed as a reference to the Scottish Agricultural Wages Board;

• (b) any reference to the Agricultural Wages Act 1948 shall be construed as a reference to the Agricultural Wages (Scotland) Act 1949; and

• (c) any reference to paragraph 5 of Schedule 4 to the said Act of 1948 shall be construed as a reference to paragraph 5 of Schedule 3 to the said Act of 1949.

Application of capital money in payment of improvement rentcharges.

68

Section 73(1)(xiii) of the Settled Land Act 1925 (under which capital money arising under that Act may be applied in the redemption of improvement rentcharges) shall, in its application to any charge created under the Improvement of Land Act 1864 in respect of an improvement benefiting agricultural land, . . . have effect as if the reference to redemption included a reference to discharging as it falls due so much of any periodical payment as represents repayment of capital.

False statements to obtain grants, etc.

69

• (1) If any person, for the purpose of obtaining for himself or any other person—

• (a) any grant under this Act, . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

or for the purpose of inducing the appropriate Minister or a Rural Development Board to make a loan or guarantee under section 28 or section 47 of this Act, knowingly or recklessly makes a false statement he shall be liable—

• (i) on summary conviction to a fine not exceeding level 3 on the standard scale or imprisonment for a term not exceeding three months or both.

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) This section extends to Northern Ireland.

Guaranteed prices: minor amendments as respects powers of entry and offences.

70

• (1) In the application in Northern Ireland of section 5(1)(d) of the Agriculture Act 1957 (powers of entry in connection with guaranteed prices) and any order made thereunder before the coming into force of this section, references to authorised officers of the Minister shall include references to authorised officers of the Department of Agriculture for Northern Ireland.

• (2) In section 7(3)(b) of that Act (penalty for altering, cincealing or defacing a mark applied to produce) the word “removes" shall be added before the words “alters, conceals or defaces".

• (3) This section extends to Northern Ireland.

PART VI — Supplemental and General

Offences by bodies corporate.

71

Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Application to Northern Ireland.

72

• (1) Parts I to V of this Act, so far as not expressly extended to Northern Ireland by any provision contained in this Act or by any Order in Council under the next following subsection, shall not extend to Northern Ireland; . . .

• (2) Her Majesty may, by Order in Council made under this subsection in pursuance of resolutions passed by the two Houses of the Parliament of Northern Ireland, direct that the provisions of Part III of this Act other than sections 41 to 44 shall extend to Northern Ireland; and any such Order in Council may be varied or revoked by a subsequent Order in Council made under this subsection in pursuance of such resolutions as aforesaid.

• (3) While any provisions of Part III of this Act extend to Northern Ireland by virtue of an Order in Council under subsection (2) above those provisions, and any other provision of this Act so far as it relates to those provisions, shall have effect subject to such exceptions, adaptations and modifications as may be specified in the Order.

• (4) In the application of any provision of this Act to Northern Ireland any reference to an Act of the Parliament of the United Kingdom shall be construed as a reference to that Act as it applies to Northern Ireland.

• (5) Any reference to an enactment of the Parliament of Northern Ireland or to an enactment which that Parliament has power to amend shall be construed as including a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act and to any Act of that Parliament passed after this Act and re-enacting that enactment whether with or without modifications.

• (6) In any provision of this Act under which a grant or subsidy under this Act may be reduced or withheld where some other relevant grant or subsidy is payable out of money provided by Parliament, references to any such other grant or subsidy shall include references to one payable out of money provided by the Parliament of Northern Ireland.

• (7) An Order in Council under this section may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient.

Disqualification for House of Commons etc.

73

Expenses and receipts of Ministers.

74

• (1) Any expenses incurred by any Minister under this Act shall be defrayed out of money provided by Parliament.

• (2) Any sums received or recovered by any Minister in pursuance of this Act or any order made thereunder shall, except as otherwise expressly provided, be paid into the Exchequer.

Short title, interpretation, repeals and commencement.

75

• (1) This Act may be cited as the Agriculture Act 1967.

• (2) In this Act, unless the context otherwise requires,—

• “the appropriate Minister” means, in relation to England and Wales or Northern Ireland, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State;

• “agriculture", “agricultural land", “agricultural unit" and cognate expressions and references to farming shall be construed except in relation to Scotland in accordance with section 109 of the Agriculture Act 1947, and in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948;

• “assignment”, in relation to Scotland, means assignation;

• “heritable security” has the same meaning as in the Conveyancing (Scotland) Act 1924 except that it includes a security constituted by ex facie absolute disposition or assignation, and “heritable creditor” shall be construed accordingly;

• “land” includes any estate or interest in land;

• “local authority” means, in England ..., the council of a county, of a ... London borough, the Common Council of the City of London and an ... district council... and, in Scotland, a county council, joint county council of a combined county, town council or district council;

• “pension”, in relation to any person, means a pension of any kind whatsoever, whether contributory or not, payable to or in respect of him, and includes a gratuity so payable on his retirement or death, and a return of contributions to a pension fund, with or without interest thereon or any other addition thereto.

• (3) In this Act references to England and Wales shall be construed as if Wales included Monmouthshire.

• (4) References in this Act to the duration of a scheme are references to the period within which applications for approval of proposals qualifying for grant under the scheme must be made ...; and the provisions of this Act limiting the duration of a scheme shall not prevent a scheme providing different periods for different purposes.

• (5) Any reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any other enactment, including this Act, and in this Act “enactment” includes an enactment of the Parliament of Northern Ireland.

• (6) Any power of giving directions conferred by this Act shall include a power, subject to the like conditions, to vary or revoke a direction so given.

• (7) The Acts mentioned in Schedule 7 to this Act shall be repealed to the extent specified in the third column of that Schedule, but subject to the provisions at the end of that Schedule.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

Part I — Functions

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

PART II — The Commission

1

The Commission shall be a body corporate with perpetual succession and a common seal.

2

• (1) It shall be within the capacity of the Commission as a statutory corporation to do such things and to enter into such transactions as are incidental or conducive to the performance of any of their functions.

• (2) Without prejudice to the generality of sub-paragraph (1) above—

• (a) where in the performance of any of their functions the Commission render any services to any person, they may make such charges in respect of those services as may be agreed between the Commission and that person, and

• (b) the Commission may borrow money and pledge, mortgage or charge any of their property (including the proceeds of the charges imposed under a levy scheme).

• (3) The Commission may, with the consent of the Ministers, delegate any functions conferred on them by Part I of this Act, or a scheme or order under Part I of this Act, but, in the case of a development scheme, only so far as the development scheme so provides.

3

The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment or any disqualification of any of the members of the Commission.

4

• (1) Subject to the following provisions of this paragraph, a member of the Commission and the chairman and deputy chairman shall hold and vacate office as such in accordance with the terms of his appointment, and previous tenure of any such office shall not affect eligibility for re-appointment.

• (2) If the, chairman or deputy chairman ceases to be a member of the Commission, he shall also cease to be chairman or deputy chairman.

• (3) A member of the Commission may at any time, by notice in writing addressed to the Ministers or either of them, resign his membership, and the chairman or deputy chairman may, by the like notice, resign his office as such.

5

• (1) A member of the Commission shall, if he is in any way directly or indirectly interested in a contract made or proposed to be made by the Commission, disclose the nature of his interest at a meeting of the Commission as soon as possible after the relevant circumstances have come to his knowledge.

• (2) Any disclosure made by a member under the foregoing sub-paragraph shall be recorded in the minutes of the Commission, and that member shall not take part after the disclosure in any deliberation or decision of the Commission with respect to that contract, but may, nevertheless, be taken into account for the purpose of constituting a quorum of the Commission.

6

In the case of an equality of votes at any meeting of the Commission, the person who is chairman at that meeting shall have a second or casting vote.

7

• (1) Subject to paragraphs 5 and 6 of this Part of this Schedule, the Commission may determine their own quorum and procedure and the quorum and procedure of any committee of the Commission.

• (2) Subject to Part III of this Schedule, this paragraph applies in relation to the Production Committee, the Distribution Committee and the Consumers Committee as it applies in relation to any committee set up by the Commission.

8

• (1) The Commission may appoint such officers and servants as the Commission may determine

• (2) The Commission shall—

• (a) pay to their officers and servants such remuneration and such travelling or other allowances as they may determine, and

• (b) as to any officers or servants in whose case the Commission may determine to do so, pay to or in respect of them such pensions, or provide and maintain for them such pension schemes, as the Commission may with the approval of the Ministers determine.

9

• (1) It shall be the duty of the Commission, except in so far as the Commission are satisfied that adequate machinery exists for achieving the purposes of this paragraph, to seek consultation with any organisation appearing to the Commission to be appropriate with a view to the conclusion between the Commission and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for—

• (a) the settlement by negotiation of terms and conditions of employment of persons employed by the Commission, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements, and

• (b) the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by the Commission and the discussion of other matters of mutual interest to the Commission and such persons, including efficiency in the discharge of the Commission's functions.

• (2) The Commission shall send to the Ministers and to the Minister of Labour a copy of any agreement concluded in pursuance of this paragraph, and of any instrument varying the terms of any such agreement.

10

The application of the seal of the Commission shall be authenticated by the signatures of two members of the Commission and of the chief officer of the Commission or some other person authorised by the Commission to do so in his place.

Part III — The Commission’s Committees

The Production Committee

1

• (1) The Production Committee shall consist of a chairman appointed by the Ministers and not less than eighteen other members so appointed.

• (2) The members, other than the chairman, shall be so appointed as capable of representing the interests of—

• (a) cattle and sheep producers,

• (b) pig producers,

• (c) persons employed in livestock production,

and so that each member is appointed by reference to one only of the above paragraphs, and one member at least by reference to each of them.

• (3) The Ministers before appointing a person to be a member of the Production Committee as capable of representing the interests of any class of persons shall consult such organisations as appear to them appropriate as representing those interests, taking account of interests in Scotland as well as in England and Wales.

The Distribution Committee

2

• (1) The Distribution Committee shall consist of a chairman appointed by the Ministers and not less than eighteen other members so appointed.

• (2) The members, other than the chairman, shall be so appointed as capable of representing the interests of—

• (a) livestock traders,

• (b) livestock auctioneers,

• (c) local authorities operating slaughterhouses and livestock and meat markets,

• (d) persons engaged in animal by-products trades,

• (e) wholesalers of meat and importers of meat (excluding bacon), (f) producers of bacon and other edible livestock products except meat,

• (g) retailers of meat and other edible livestock products,

• (h) persons employed in the marketing and distribution of livestock or the production, processing, manufacture, marketing and distribution of livestock products,

and so that each member is appointed by reference to one only of the above paragraphs, and one member at least by reference to each of them.

• (3) The Ministers before appointing any person to be a member of the Distribution Committee as capable of representing the interests of any class of persons shall consult such organisations as appear to them appropriate as representing those interests, taking account of interests in Scotland as well as in England and Wales.

The Consumers Committee

3

The Consumers Committee shall consist of a chairman appointed by the Ministers and nine other members, and of those nine other members—

• (a) six shall be persons appointed by the Ministers as capable of representing the interests of consumers,

• (b) three shall be members of either the Production Committee or of the Distribution Committee and shall be appointed by the Commission.

Chairmen of Production, Distribution and Consumers Committees

4

• (1) The chairman of the Production Committee, of the Distribution Committee and of the Consumers Committee shall each be a member of the Commission.

• (2) If the chairman of any of those Committees ceases to be a member of the Commission he shall also cease to be the chairman, and a member, of the Committee.

Joint Committees

5

• (1) A joint committee shall consist of one or more members of the Production Committee, and one or more members of the Distribution Committee, with or without any number of other members, and need not have any members who are members of the Commission.

• (2) All the members of a joint committee shall be appointed by the Commission and the Commission may, subject to sub-paragraph (1) above, vary the constitution of a joint committee or dissolve it.

• (3) A joint committee shall have a chairman appointed by the Commission from among the members of the joint committee.

• (4) The Commission shall consult the Production Committee and the Distribution Committee as to the composition of any joint committee set up by the Commission.

Payment of members of committees

6

The Commission—

• (a) may pay to members of the Production Committee, the Distribution Committee, the Consumers Committee and any other of the Commission's committees such remuneration as they may, with the approval of the Ministers and the Treasury, determine, and

• (b) shall pay to members of any of those committees such travelling or other allowances as the Ministers may, with the approval of the Treasury, determine.

Procedure

7

Paragraphs 3, 4 and 5 of Part II of this Schedule shall apply in relation to the said three Committees and paragraphs 3, 4(1)(2) and 5 of the said Part II shall apply in relation to a joint committee or any other of the Commission's committees as those paragraphs apply in relation to the Commission.

SCHEDULE 2

Procedure for making development schemes

1

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

2

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

3

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

4

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

Confirmation of development scheme by order

5

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

Coming into force of development scheme

6

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

Proceedings questioning validity of a development scheme

7

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

Ministers’ powers to revoke or direct variation of a development scheme

8

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

SCHEDULE 3

Duration of conditions, and incorporation in leases, tenancies, etc.

1

For a period of five years from the time when the provisions of this Schedule first apply to a unit of land (but without prejudice to its application when its provisions come to apply to any part of that land on any other occasion) the conditions specified in this Schedule shall be observed as regards the unit and shall, so far as applicable, be deemed to be part of the terms of any lease, agreement for lease or tenancy of the unit of land, or any part of it, and shall be enforceable accordingly.

Registration of conditions

2

• (1) As respects a unit of land to which this Schedule applies, the conditions specified in this Schedule shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge, and for the purposes of that Act the appropriate Minister or, where this Schedule is applied to the unit by a conveyance by a Rural Development Board, the relevant Rural Development Board shall be treated as the originating authority as respects such charge.

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

• (4) In the case of a unit of land in Scotland—

• (a) where the conditions specified in this Schedule first come to apply to the unit, the Secretary of State shall cause to be recorded in the General Register of Sasines a notice of that fact;

• (b) the said conditions shall not be enforceable against any third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to his estate or interest in the unit prior to the said notice being recorded as aforesaid, or against any person deriving title from such a third party;

• (c) where the conditions or any of them cease to apply to the unit or part of the unit in pursuance of paragraph 6(1) or 7(8) of this Schedule, the Secretary of State shall cause to be recorded in the General Register of Sasines a notice stating that the conditions or condition no longer apply, or applies, to that unit of land or that part.

• (5) The conditions applied to a unit of land under this Schedule shall be included among the matters which are required to be registered in the Statutory Charges Register in Northern Ireland . . .

Condition restricting transfers without Minister’s consent

3

• (1) It shall be a condition that, except with the written consent of the appropriate Minister, no person shall transfer to any other a part only, or any estate or interest in a part only, of the land comprised in the unit.

• (2) References in this paragraph to the transfer of land, or of an estate or interest in land, include references to devolution on death or under the terms of a settlement and the High Court may, on the application of a person affected by this sub-paragraph, vary the way in which property is to devolve on a death or under a settlement so that there is no breach of the conditions specified in this paragraph but, subject to that, so that the persons interested in the unit of land, including those to whom property would devolve on the death or under the settlement, so far as required to surrender any interest in the unit of land, are compensated by receiving part of the proceeds of sale of the land or in any other way.

• (3) References in this paragraph to the transfer of land, or an estate or interest in land—

• (a) include, subject to paragraph (b) below, references to transfer by way of the creation or assignment of a lease, agreement for a lease or tenancy, including in each case a sublease or sub-tenancy,

• (b) do not include references to the granting or assignment of any right of occupation the grant of which is made (whether or not expressly to that effect) in contemplation of the use of the land only for grazing or mowing during some specified period of the year, and, without prejudice to the foregoing words, in Northern Ireland do not include references to the transfer or assignment of any rights arising by virtue of a conacre agreement,

• (c) do not include references to any reconveyance or other transaction by way of discharge of a mortgage, heritable security or charge, or of the release or disburdening of any land from a mortgage, heritable security or charge.

• (4) The application of this paragraph to any transaction shall not invalidate that transaction, but this sub-paragraph shall not be taken as affecting the terms written into a lease, agreement or tenancy by paragraph 1 of this Schedule.

Condition restricting non-agricultural use without Minister’s consent

4

It shall be a condition that, except with the written consent of the appropriate Minister, the whole of the unit of land shall at all times be used for agricultural purposes.

Condition requiring giving of information

5

It shall be a condition that the owner of the unit of land or any such other person having an estate or interest in the unit of land as may be agreed between the appropriate Minister, the owner and that other person shall, on being required so to do by the appropriate Minister, certify that the conditions in paragraphs 3 and 4 above are being observed with respect to the unit of land, and any tenant of the unit of land shall, on being so required in writing by the owner, or, if the tenant has been informed of such an agreement as aforesaid, by the other person in question, furnish to the owner or, as the case may be, to that other person such information as he may reasonably require for the purpose of enabling him to comply with this condition.

Powers of Minister on giving consent

6

• (1) The appropriate Minister—

• (a) may, when giving his consent under paragraph 3 or paragraph 4 above, direct that the conditions, or any of them, specified in this Schedule shall cease to be applicable to the unit of land, or to any part thereof specified in the direction, or

• (b) may give his consent under either of those paragraphs subject to the condition that this Schedule shall apply to such different unit of land as may be specified in the condition,

but shall, before exercising the power conferred on him by paragraph (b) of this sub-paragraph first satisfy himself that all persons who will have an estate or interest in the unit of land to which this Schedule is so applied are parties to the application for consent.

• (2) The appropriate Minister may give his consent under either of those paragraphs subject to payment to him of all or any part of the amount which would be payable under paragraph 7(1)(a) below on a breach of the condition to which the application relates by the applicant.

Breach of condition

7

• (1) A person by whom the condition specified in paragraph 3 or paragraph 4 above is breached as respects any unit of land shall be liable to pay to the appropriate Minister—

• (a) an amount equal to the relevant Exchequer payments, together (except in the case of relevant Exchequer payments representing a loan or interest on a loan) with interest until payment from such date, not being earlier than the relevant date, and at such rate, as may be determined by the appropriate Minister with the approval of the Treasury, and

• (b) subject to sub-paragraph (2) below, an additional amount equal to so much of the value of the unit, when subject to the conditions imposed by this Schedule, as is attributable to the land which is the subject of the breach,

and the amount which that person is liable to pay under this sub-paragraph shall be a charge on all the estate and interest in the land comprised in the unit which he had at the time of the breach, binding him and his successors in title.

• (2) The additional amount payable by virtue of sub-paragraph (1)(b) above shall not exceed £1500

• (3) Before commencing proceedings against any person to enforce the liability imposed on him by, or the charge arising under, sub-paragraph (1) above, the appropriate Minister shall serve on him a notice specifying the condition alleged to have been breached and, if it is the condition relating to use, the nature of the use constituting the breach; and, unless within two months of the service of the notice that person has—

• (a) admitted in writing the breach and his liability in respect thereof or, as the case may be, the breach and the existence of the charge, and

• (b) agreed in writing the amount recoverable by virtue of paragraph (b) of that sub-paragraph,

the matter or matters still in issue shall be determined by arbitration.

• (4) Section 84 of the Agricultural Holdings Act 1986 (procedure for arbitrations) shall have effect as if any such matter were one required by that Act to be determined by arbitration under that Act.

• (5) sections 61 and 64 of the Agricultural Holdings (Scotland) Act 1991 (provisions regarding arbitrations) shall have effect as if any question in sub-paragraph (3) above were a matter required by that Act to be determined thereunder; and sections 60(2) and 80(2) of that Act shall have effect as if the parties to the dispute were the landlord and tenant of an agricultural holding.

• (6) For the purposes of the Limitation Act 1980, no cause of action or right to receive money shall be deemed to have accrued to the appropriate Minister by virtue of sub-paragraph (1) above until the date on which he served the notice referred to in sub-paragraph (3) above.

• (7) If a breach of either of the said conditions constitutes a breach of the terms of any lease, agreement for a lease or tenancy (whether written in by paragraph 1 of this Schedule or not) any person who is or was at any time entitled under the lease, agreement or tenancy to enforce those terms, or to exercise by forfeiture or otherwise any sanction for their breach, shall be liable to pay to the appropriate Minister the amounts specified in sub-paragraph (1) above so far as not recovered from any other person unless he shows to the satisfaction of the court in which proceedings for recovery are taken against him that he has, in exercise of those rights, taken all reasonable steps to prevent the breach, and to make good the results of the breach.

• (8) On the receipt by the appropriate Minister of all sums due to him under this paragraph in consequence of a breach or, if he accepts a lesser amount in satisfaction of those sums, on the giving by him of a written discharge therefor, the conditions specified in this Schedule, so far as applied by reference to the relevant Exchequer payments taken into account in arriving at those sums or by reason of the making of any grant under section 27(1)(a) of this Act, shall cease to be applicable to the unit of land.

• (9) A person shall not be liable to pay any part of the relevant Exchequer payments both under this Schedule and under some other provision of this Act, or where he has already become so liable by reason of a previous breach of condition.

8

If the appropriate Minister is satisfied that a breach of any of the conditions specified in paragraph 3 or 4 above is capable of being remedied he may, subject to any conditions he may impose, direct that the operation of the last foregoing paragraphs shall in relation to the breach be suspended for such period as appears to him to be necessary for enabling the breach to be remedied, and if the breach is remedied to his satisfaction within that period he shall direct that the last foregoing paragraph shall not apply to the breach.

Supplementary

9

In this Schedule “owner”, in relation to any land other than in Scotland, means a person, other than a mortgagee not in possession, who is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let; and in relation to any land in Scotland, means a person who for the time being is entitled to receive, or would, if the land were let, be entitled to receive, the rent of the land, including a trustee, tutor, curator, factor or agent.

10

In relation to land which is subject to the provisions of the Crofters (Scotland) Acts 1955 and 1961, or of the Small Landholders (Scotland) Acts 1886 to 1931, “agricultural purposes" shall, for the purposes of this Schedule, include any subsidiary or auxiliary occupation permitted by paragraph 3 of Schedule 2 to the Crofters (Scotland) Act 1955 or by section 10 of the Small Landholders (Scotland) Act 1911 as the case may be.

11

In relation to Scotland, any reference in this Schedule to the High Court shall be construed as a reference to the Court of Session; and in paragraph 7(1) for the words from “and the amount" to the end of the sub-paragraph there shall be substituted the words “and the appropriate Minister may make an order in favour of himself providing and declaring that the land comprised in the unit shall be charged and burdened with an annuity to pay the amount which that person is liable to pay under this sub-paragraph, and the provisions of section 16 of and paragraphs 2 to 8 of Schedule 6 to the Building (Scotland) Act 1959 shall apply in relation to any such order as they apply in relation to a charging order within the meaning of that Schedule."

12

In relation to Northern Ireland—

• (a) any reference in this Schedule to the High Court shall be construed as a reference to the High Court of Justice in Northern Ireland;

• (b) in paragraph 7(3) above, for the words “determined by arbitration" there shall be substituted the words “referred to and determined by the Lands Tribunal for Northern Ireland";

• (c) paragraph 7(4) and (5) above shall be omitted;

• (d) for any reference to the Limitation Act 1939 there shall be substituted a reference to the Limitation (Northern Ireland) Order 1989.

SCHEDULE 4

1

Erection, alteration, enlargement or reconditioning of permanent farm buildings (other than dwelling-houses), and making or improvement of permanent yards, loading banks and stocks.

2

Provision of means of sewage disposal other than from dwelling-houses.

3

Making and improvement of roads, fords, bridges, railway crossings and creeps.

4

Provision or laying-on of electric light or power, or gas, to farms for agricultural purposes.

5

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

6

Construction and improvement of silos, and the provision of means of disposal of effluent from silos.

7

Erection of wirework for hop gardens.

8

Making and improvement and renewal (but not repair) of permanent fences (including hedges), walls and gates.

9

Provision of cattle-grids.

10

Reclamation of waste land.

11

Provision of shelter belts.

12

Removal of hedges and banks, filling in of ditches, removal of boulders, tree roots and other like obstructions to cultivation.

13

Protection and improvement of river banks.

14

Land levelling work, including filling in ponds and depressions which impede cultivation.

15

Claying and marling.

16

• (1) Subject to sub-paragraph (2) below, the provision and installation of fixed plant or machinery (including fixtures and fittings) for agricultural purposes, other than plant or machinery which has been used before installation or which is installed in, or is wholly or partly for the benefit of, a dwelling-house.

• (2) This paragraph shall only apply where the fixed plant or machinery is provided by way of additional facilities or to afford greater capacity, or where the plant or machinery is required in connection with the introduction of a new system of management.

17

Any operation incidental to any of the operations specified in the other paragraphs of this Schedule or necessary or proper in carrying it out or securing the full benefit thereof.

SCHEDULE 5

Part I — Procedure for Establishing a Board

Order establishing a Board

1

• (1) The area of a Rural Development Board, and the date on which it is to be established, shall be fixed by an order made by the appropriate Minister by statutory instrument of which a draft has been laid before and approved by a resolution of each House of Parliament.

• (2) The order shall specify the Board's area by reference to a map attached to, or deposited in a place recorded in, the order.

• (3) The appropriate Minister shall fix the boundaries of the area having regard primarily to natural conformations, features and boundaries, and only secondarily to the boundaries of the areas of local authorities and other public bodies, or to the boundaries of the area of particular agricultural units or other holdings of the land.

• (4) The area may consist of two or more separate tracts of land, and land which is part of the area may totally enclose land which is not.

Procedure for making order

2

• (1) The appropriate Minister shall, after consultation with such local authorities and other public bodies as appear to him to have an interest in the matter, publish notice of his proposals to establish a Rural Development Board, and of the Board’s proposed area, in two successive weeks in one or more local newspapers circulating in that area.

• (2) The notice shall—

• (a) name one or more places in or near the proposed area where copies of a draft of the order (including the map) may be inspected,

• (b) describe, with such degree of detail as is reasonable in a notice published in a newspaper, the boundaries of the proposed area, and

• (c) draw attention to the provisions of this Schedule authorising the making of objections, and specify the time (not being less than twenty-eight days from the first publication of the notice) within which and the manner in which objections can be made.

3

The grounds on which an objection may be made shall be—

• (a) that a proposed boundary ought to be altered so as to exclude part of the proposed area on the ground that there are no problems or needs of the kind described in section 45 of this Act in that part of the area, and that there are no other considerations which justify the inclusion of that part,

• (b) that a proposed boundary ought to be altered by including an additional area on the ground that there are in it problems or needs of the kind described in section 45 of this Act, or that there are other considerations which justify the inclusion of that additional area,

• (c) that a proposed boundary ought to be altered (whether bringing land in or taking it out or both) so as better to conform to natural conformations, features and boundaries,

• (d) that land within the proposed area and contiguous to a proposed boundary of that area ought to be excluded because not forming a natural part of a tract of agricultural or forestry land or of land suitable for agricultural or forestry purposes, or that land outside the proposed area and contiguous to a proposed boundary of the area ought to be included for the converse reasons,

• (e) that a proposed boundary divides an agricultural unit or other land in one ownership or one occupation,

• (f) that a proposed boundary should be adjusted so that land over which access is required to land included in the proposed area is also within the proposed area.

4

• (1) If no objection is duly made or if all objections so made are withdrawn, the appropriate Minister may make the proposed order in the form proposed.

• (2) If any objection duly made is not withdrawn the Minister shall either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made and not withdrawn an opportunity of appearing before and being heard by a person appointed by the appropriate Minister for the purpose.

• (3) If any person by whom an objection has been made avails himself of the opportunity of being heard the appropriate Minister shall afford to any other persons to whom it appears to him expedient to afford it an opportunity of being heard on the same occasion.

• (4) After considering any objections duly made and not withdrawn, and the report of the person who held the inquiry or hearing under this paragraph, the appropriate Minister may proceed to make the proposed order and, subject to the following provisions of this paragraph, may make it with such modifications as appear to him expedient.

• (5) Except where the appropriate Minister is satisfied that on the inquiry or hearing all persons who might reasonably be expected to require an opportunity of making an objection to the modification have had sufficient notice of the possibility of the modification being made, and of objecting to it, the appropriate Minister shall not make the order with the modification until he has taken such steps as appear to him appropriate for bringing the modification to the notice of those persons and affording them an opportunity of making the objections, and appearing at a local inquiry or hearing, which they would have had if the original proposal had incorporated the modification.

• (6) The decision of the appropriate Minister on the question whether an objection falls within paragraph 3 of this Schedule shall be conclusive but he shall give a written notice to the objector of any adverse decision stating the reasons for his decision.

5

As soon as may be after the appropriate Minister has made the order the appropriate Minister shall publish in one or more local newspapers circulating in or near the area specified in the order a notice describing the area, stating that the order has been made and naming a place where a copy of the order (including the map) may be inspected at all reasonable hours.

Orders varying Board’s area or dissolving a Board

6

• (1) The appropriate Minister may by order by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament—

• (a) vary a Board’s area, or

• (b) dissolve a Board.

• (2) Before making an order under sub-paragraph (1)(a) above the Minister shall comply with the procedure in paragraphs 2 to 5 above, but as if in paragraphs 2 and 3 for references to the proposed boundary of the area there were substituted references to the parts of the boundary as proposed to be altered, and with any other necessary modifications.

• (3) An order under sub-paragraph (1)(b) above may contain such consequential and incidental provisions as appear to the Minister expedient, including provisions for the disposal of the property of the dissolved Board, and transitional provisions in respect of anything done by the Board before its dissolution.

Supplemental

7

• (1) Paragraphs 15 and 16 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 or, as the case may be, to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (validity of compulsory purchase orders) shall with the necessary modifications (and in particular with the substitution for references to that Act and that Schedule, other than references to particular provisions of that Act or Schedule, of references to this Act and this Schedule) apply in relation to an order made under this Schedule as they apply in relation to compulsory purchase orders.

• (2) Paragraph 19 of the said Schedule shall apply in relation to notices required or authorised to be served by the appropriate Minister under this Schedule with the necessary modifications, and in particular with the substitution of the appropriate Minister for the Minister mentioned in the said paragraph 19(4).