Agriculture Act 1967

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Council's annual report and accounts.

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Directions to Council by Ministers.

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Grants for purposes connected with co-operative activities.

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Supplemental.

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PART V — Miscellaneous

Financial assistance for certain bodies making agricultural loans.

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

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

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

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• (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.

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Diseases of animals.

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Sick pay for agricultural workers.

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• (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.

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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.

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• (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.

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• (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.

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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.

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• (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.

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• (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.

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• (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

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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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

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2

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3

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4

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Confirmation of development scheme by order

5

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Coming into force of development scheme

6

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Proceedings questioning validity of a development scheme

7

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

8

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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).

• (3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence and costs in public local inquiries), and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 (provisions as to local inquiries) shall apply to a public local inquiry held in pursuance of this Schedule, as if the Minister there mentioned were the appropriate Minister.

Part II — Constitution and Procedure of Boards

1

• (1) A Rural Development Board shall consist of not less than six nor more than twelve members appointed by the appropriate Minister of whom more than half shall be appointed as having had experience of, and shown capacity in, or otherwise as having special knowledge of, agriculture or forestry.

• (2) The Board shall have a chairman and deputy chairman appointed by the appropriate Minister from among the members of the Board.

• (3) The Board shall pay to the members of the Board such travelling or other allowances as the appropriate Minister, with the approval of the Treasury, may determine, and in the case of any member of the Board as respects whom the appropriate Minister, with the approval of the Treasury, so determines—

• (a) may pay such remuneration, whether by way of salary or fees, as the appropriate Minister and the Treasury may determine in his case, and

• (b) may pay such pension, or make such payments towards the provision of a pension, to or in respect of him as the appropriate Minister and the Treasury may determine in his case,

and if a person ceases to be a member of a Board and it appears to the appropriate Minister that there are special circumstances which make it right that that person should receive compensation, the Board may, with the approval of the Treasury, pay to that person a sum of such amount as the appropriate Minister may with the approval of the Treasury determine.

2

A Board shall be a body corporate with perpetual succession and a common seal.

3

• (1) It shall be within the capacity of a Board 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 its functions, but they shall not borrow money without the appropriate Minister’s written consent.

• (2) Without prejudice to the generality of sub-paragraph (1) above, where in the performance of any of their functions a Board render any services to any person they may make such charges in respect of those services as may be agreed between a Board and that person.

4

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

5

• (1) Subject to the following provisions of this paragraph, a member of a Board 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 a Board, he shall also cease to be chairman or deputy chairman.

• (3) A member of a Board may at any time, by notice in writing addressed to the appropriate Minister, resign his membership, and the chairman or deputy chairman may, by the like notice, resign his office as such.

6

If the appropriate Minister is satisfied that a member of a Board—

• (a) has become bankrupt orhas had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986) or has made an arrangement with his creditors;

• (b) is incapacitated by reason of physical or mental illness;

• (c) has been absent from meetings of the Board for a period longer than three consecutive months without the permission of the Board; or

• (d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,

the appropriate Minister shall have power to remove him from his office as a member of that Board.

7

• (1) If a member of a Board has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of that Board at which the contract or other matter is the subject of consideration, he shall disclose the fact as soon as practicable after the commencement of the meeting, and shall not take part in the consideration or discussion of, or vote on, any question with respect to the contract or other matter, but he may nevertheless be taken into account for the purpose of constituting a quorum of that Board for any such consideration of, or decision on, the contract or other matter:

• (a) as an inhabitant of the Board’s area, or the owner of an estate or interest in land in that area, or

• (b) as an applicant or prospective applicant for any consent, licence, grant or loan,

being an interest which he has in common with all other such inhabitants, owners, applicants or prospective applicants, or with any class thereof; and provided also that the chairman at any meeting, may, at his discretion, permit a member to take part in the consideration or discussion of any question (but not to vote thereon) notwithstanding that the member has an interest to which this sub-paragraph applies, but subject to such restrictions as the chairman may think it right to impose.

• (2) A general notice given in writing by a member of a Board to the officer designated by that Board for the purpose to the effect that he is a member or in the employment of a specified company or other body, or that he is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.

• (3) Any disclosure made under sub-paragraph (1) of this paragraph shall be recorded in the minutes of the meeting at which it is made; and any notice given under sub-paragraph (2) thereof shall be recorded in a book to be kept for the purpose.

8

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

• (2) A Board’s quorum shall be three or such larger number as they may determine, and subject to the foregoing provisions of this Schedule a Board may determine their own procedure, and the procedure of their committees.

9

• (1) A Board may appoint such officers and servants as the Board may determine.

• (2) A Board shall—

• (a) pay to their officers and servants such remuneration and such travelling or other allowances as they may with the approval of the appropriate Minister and the Minister for the Civil Service determine; and

• (b) as to any officers or servants in whose case the Board may determine to do so, pay to or in respect of them such pensions, or provide and maintain for them such pensions schemes, as the Board may with the consent of the appropriate Minister and the Minister for the Civil Service determine.

10

The application of the seal of a Board to any document shall be authenticated by the signature of a member of the Board or of the person for the time being acting as secretary of the Board.

11

A Board’s office shall be in its area or where it is conveniently accessible from places in its area.

SCHEDULE 6

1

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

2

• (1) It shall be within the capacity of the Council 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, where in the performance of any of their functions the Council render any services to any person they may make such charges in respect of those services as may be agreed between the Council and that person.

3

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

4

• (1) Subject to the following provisions of this paragraph, a member of the Council and the chairman and deputy chairman shall hold and vacate office as such in accordance with the terms of his appointment, and a 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 Council, he shall also cease to be chairman or deputy chairman.

• (3) A member of the Council may at any time, by notice in writing addressed to the Ministers, or to any 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 Council shall, if he has any direct or indirect personal interest in a proposal made or proposed to be made to the Council in connection with the making of any grant under this Act, disclose the nature of his interest at a meeting of the Council, as soon as possible after the relevant circumstances have come to his knowledge.

• (2) Any disclosure so made by a member shall be recorded in the minutes of the Council and that member shall not take part after the disclosure in any decision of the Council with respect to that proposal, but he may, nevertheless, be taken into account for the purpose of constituting a quorum of the Council.

6

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

7

Subject to paragraphs 5 and 6 of this Schedule, the Council may determine their own quorum and procedure, and the quorum and procedure of any committee of the Council.

8

The Ministers may designate persons to attend on their behalf any meetings of the Council or any committee of the Council, and it shall be the duty of the Council to afford any person so designated reasonable facilities for taking part in the deliberations of the Council or committee, and recording the decisions of the Council or any committee of the Council; but a person so designated shall not be qualified to vote or otherwise count as a member of the Council.

9

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

• (2) The Council shall—

• (a) pay to their officers and servants such remuneration and such travelling or other allowances as the Council may with the approval of the Ministers and of the Treasury determine, and

• (b) as to any officers or servants in whose case the Council 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 Council may with the approval of the Ministers and of the Treasury determine.

10

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

SCHEDULE 7

Commission’s duty to consult representative organisations.

1A

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Part IV Co-operative Activities

Part V Miscellaneous

Part VI Supplemental and General

10A

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Part II The Commission

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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Part IIA — Classes of Persons for Purposes of Section 1A

Cattle, pig and sheep producers.

1

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

2

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

3

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

6A

• (1) Part IV of the Acquisition of Land Act 1981 shall with the necessary modifications (and in particular with the substitution for references to that Act of references to this Act) apply in relation to an order made under this Schedule as the said Part IV applies in relation to compulsory purchase orders.

• (2) Section 6 of the Acquisition of Land Act 1981 shall apply in relation to notices required or authorised to be served by the appropriate Minister under this Schedule with the appropriate modifications, and in particular with the substitution of the appropriate Minister for the Minister mentioned in the said section 6(4).

• (3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to a public local inquiry held in pursuance of this Schedule as if the Minister there mentioned were the appropriate Minister

1

• (1) A Rural Development Board shall consist of not less than six nor more than twelve members appointed by the appropriate Minister of whom more than half shall be appointed as having had experience of, and shown capacity in, or otherwise as having special knowledge of, agriculture or forestry.

• (2) The Board shall have a chairman and deputy chairman appointed by the appropriate Minister from among the members of the Board.

• (3) The Board shall pay to the members of the Board such travelling or other allowances as the appropriate Minister, with the approval of the Minister for the Civil Service, may determine, and in the case of any member of the Board as respects whom the appropriate Minister, with the approval of The Minister for the Civil Service, so determines—

• (a) may pay such remuneration, whether by way of salary or fees, as the appropriate Minister and the Treasury may determine in his case, and

• (b) may pay such pension, or make such payments towards the provision of a pension, to or in respect of him as the appropriate Minister and the Minister for the Civil Service may determine in his case,

and if a person ceases to be a member of a Board and it appears to the appropriate Minister that there are special circumstances which make it right that that person should receive compensation, the Board may, with the approval of the Minister for the Civil Service, pay to that person a sum of such amount as the appropriate Minister may with the approval of the Treasury determine.

The repeals of the Agriculture (Calf Subsidies) Act 1952 take effect on the date mentioned in section 11(6) of this Act.

Editorial notes

[^c14209851]: Certain functions of Minister of Agriculture, Fisheries and Food under this Act now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S.I. 1969/388, art. 3, Sch. 2 paras. 1(j)(k), 5(k)(q)(z); and S.I. 1978/272, art. 2, Sch. 1

[^c14209891]: Pt. I (ss. 1-22): Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (except for Sch. 1 Pt. II para. 9(2) for certain purposes) (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5), Sch. (with art. 3)

[^c14209921]: Ss. 1A, 2 excluded by Pig Industry Levy Act 1983 (c. 4, SIF 4:4), s. 4(1)

[^c14209931]: S. 2 substituted with saving by Agriculture (Miscellaneous Provisions) Act 1976 (c. 55), s. 3(4), Sch. 1 para. 2

[^c14209941]: Ss. 1A, 2 excluded by Pig Industry Levy Act 1983 (c. 4, SIF 4:4), s. 4(1)

[^c14210181]: S. 6 modified (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 16 para. 3(1); S.I. 1998/3178, art. 3

[^c14210311]: S. 9 modified (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 16 para. 3(1); S.I. 1998/3178, art. 3

[^c14210321]: S. 9(11) extends to N.I. otherwise the rest of the section extends to G.B. only

[^c14210351]: Ss. 10–12 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II

[^c14210361]: Ss. 10–12 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II

[^c14210371]: S. 13 modified (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 16 para. 3(1); S.I. 1998/3178, art. 3

[^c14210571]: S. 14 extended by Pig Industry Levy Act 1983 (c. 4, SIF 4:4), s. 1(1)(4)

[^c14210681]: S. 19 extended (14.3.2001) by S.I. 2001/935, art. 2, para. 16 of Scheme

[^c14210751]: S. 23 applied (with modifications) (14.3.2001) by S.I. 2001/935, art. 2, para. 14 of Scheme

[^c14210791]: S. 24 extended by Pig Industry Levy Act 1983 (c. 4, SIF 39:1), s. 4(4) s. 24 applied (with modifications) (14.3.2001) by S.I. 2001/935, art. 2, para. 14 of Scheme

[^c14210801]: For the extent of s. 24 see s. 24(4)

[^c14211621]: S. 26 repealed (N.I.) by S.I. 1987/166 (N.I. 1), art. 20, Sch.

[^c14211631]: S. 26 applied by Rent Act 1977 (c. 42), s. 98, Sch. 15 Pt. II Cases 17, 18

[^c14211641]: Words substituted by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(2)(a)(i)

[^c14211651]: 1970 c. 40.

[^c14211661]: Words repealed by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(a)(i)

[^c14211671]: Words inserted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(a)(ii)

[^c14211681]: Words substituted by virtue of S.I. 1973/1402, reg. 3

[^c14211691]: Words substituted by Agricultural Holdings Act 1986 (c. 5), s. 100, Sch. 14 para. 37

[^c14211701]: Words in s. 26(1) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11, para. 26

[^c14211721]: S. 26(1)(bb) inserted by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(2)(a)(ii)

[^c14211761]: Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(a)(iii)

[^c14211771]: Words substituted by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(2)(a)(iii)

[^c14211781]: Words inserted by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(2)(b)

[^c14211791]: S. 26(3)(5) repealed by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(2)(c)

[^c14211801]: Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(c)

[^c14211811]: Words repealed by virtue of Agriculture Act 1970 (c. 40), s. 29(6), Sch. 5

[^c14211831]: S. 26(6) substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(e)

[^c14211841]: Words substituted by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(2)(d)(i)

[^c14211851]: Words repealed by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(2)(d)(ii)

[^c14211861]: S. 26(7)(8) excluded by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 10(1)(3)

[^c14211871]: Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(f)

[^c14211881]: Words repealed by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(g)

[^c14211891]: Word substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(h)

[^c14211901]: S. 26(7)(c)(i) substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(i)

[^c14211921]: Words inserted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(j)

[^c14211941]: 1957 c. 57.

[^c14211951]: S. 26(11)(b) repealed by Statute Law (Repeals) Act 1986 (c. 12), Sch. 1 Pt. II

[^c14211961]: S. 26(11)(c) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.II.

[^c14211971]: Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(k)

[^c14212091]: Words substituted by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(3)(a)

[^c14212101]: Words substituted by Agriculture Act 1970 (c. 40), s. 32(3)(a)

[^c14212111]: S. 27(1)(d) substituted by S.I. 1976/1771, reg. 2

[^c14212121]: Words substituted by S.I. 1973/1402, reg. 4(b)

[^c14212131]: S. 27(5A) inserted by Agriculture Act 1970 (c. 40), s. 32(3)(b)

[^c14212141]: S. 27(5B) inserted by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(3)(b)

[^c14212151]: Words substituted by S.I. 1973/1402, reg. 4(c)

[^c14212161]: Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 38

[^c14212171]: Words in s. 27(5B) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 27

[^c14212241]: S. 28(1) substituted by virtue of Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(9), Sch. 4