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Agriculture Act 1967

Type Public General Act
Publication 1967-05-10
Last updated 2025-09-10
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (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

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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

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2

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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

1

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

2

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)

9

S. 9(11) extends to N.I. otherwise the rest of the section extends to G.B. only

14

S. 19 extended (14.3.2001) by S.I. 2001/935, art. 2, para. 16 of Scheme

15

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

16

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

17

For the extent of s. 24 see s. 24(4)

18

S. 26 repealed (N.I.) by S.I. 1987/166 (N.I. 1), art. 20, Sch.

19

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

22

Words repealed by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(a)(i)

23

Words inserted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(a)(ii)

24

Words substituted by virtue of S.I. 1973/1402, reg. 3

28

Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(a)(iii)

32

Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(c)

33

Words repealed by virtue of Agriculture Act 1970 (c. 40), s. 29(6), Sch. 5

38

Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(f)

39

Words repealed by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(g)

40

Word substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(h)

42

Words inserted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(j)

45

S. 26(11)(c) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.II.

46

Words substituted by virtue of Agriculture Act 1970 (c. 40), s. 32(2)(k)

49

S. 27(1)(d) substituted by S.I. 1976/1771, reg. 2

50

Words substituted by S.I. 1973/1402, reg. 4(b)

51

S. 27(5A) inserted by Agriculture Act 1970 (c. 40), s. 32(3)(b)

53

Words substituted by S.I. 1973/1402, reg. 4(c)

63

Words substituted by Agriculture Act 1970 (c. 40), s. 33(2)

66

S. 29(4) repealed (E.W.) by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), Sch. 2, except in relation to notices to quit given before 7.4.1978: see s. 14 of that 1977 Act.

72

S. 35 repealed (N.I.) by S.I. 1987/166 (N.I. 1), art. 20, Sch.

73

Words substituted by Agriculture Act 1970 (c. 40), s. 32(5)

75

S. 37 extended by Agriculture Act 1970 (c. 40), s. 32(6), which provision is repealed (N.I.) by S.I. 1987/166 (N.I.1), art. 20, Sch.

81

Words repealed (N.I.) by S.I. 1987/166 (N.I. 1), art. 20, Sch.

86

Words substituted by S.I. 1973/1402, reg. 5

98

This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

99

Words substituted by Agriculture Act 1970 (c. 40), s. 33(2)

103

S. 48(4) substituted (E.W.) by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), Sch. 1 para. 4 except in relation to notices to quit given before 7.4.1978: ibid., s. 14

104

Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

116

S. 50 extended (1.3.1996) by 1995 c. 45 , s. 16(1) , Sch. 4 para. 2(1)(xiv) ; S.I. 1996/218 , art. 2

117

S. 50(3)(aa) inserted (23.11.1995) (E.W.) by 1995 c. 25 , s. 78 , Sch. 10 para. 6 (with ss. 7(6) , 115 , 117 , Sch. 8 para. 7 ); S.I. 1995/2950 , art. 2(1)

119

Words in s. 50(3)(b) substituted (27.5.1997) by virtue of 1997 c. 11 , s. 4 , Sch. 2 para. 14(1)

120

S. 50(3)(e) repealed (1.4.1997) by 1995 c. 25 , s. 120(3) , Sch. 24 (with ss. 7(6) , 115 , 117 , Sch. 8 para. 7 ); S.I. 1996/2560 , art. 2 , Sch.

122

Words in s. 50(3)(h) repealed (1.12.1991) by virtue of Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130) , ss. 3(1) , 4(2) , Sch. 3 Pt. I (with s. 2 , Sch. 2 paras. 10 , 14(1) , 15 )

124

Words in s. 50(3) repealed (1.4.1997) by 1995 c. 25 , s. 120(3) , Sch. 24 (with ss. 7(6) , 115 , 117 , Sch. 8 para. 7 ); S.I. 1996/2560 , art. 2 , Sch.

129

Word substituted by S.I. 1978/244, reg. 2(1)

134

Words substituted by S.I. 1978/244, reg. 2(2)

135

Words in s. 52(2)(g) substituted (27.5.1997) by virtue of 1997 c. 11, s. 4, Sch. 2 para. 14(2)

148

S. 64(2)(a) amended by extension of period mentioned for a further additional period of 5 years beginning on 1.4.1984 by S.I. 1984/275, art. 2

149

S. 64(2)(a) amended with the extension of period mentioned for additional five years by S.I. 1979/323

150

Ss. 64(6), 65(5) repealed by European Communities Act 1972 (c. 68), Sch. 3 Pt. IV

154

S. 65: 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 (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5) Sch. (with art. 3)

156

S. 67 restricted (1.4.1999) by 1949 c. 30, s. 3(14)(b) (as inserted (1.4.1999)) by 1998 c. 39, s. 47, Sch. 2 Pt. II para. 12(3) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3) S. 67: power to amend conferred (1.4.1999) by 1998 c. 39, s. 47(2)(c)(3) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3)

158

Words in s. 67(3)(e) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 4

173

The text of s. 70(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

181

Power of appointment confered by s. 75(8) fully exercised

182

Words substituted retrospectively by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 10(5)

189

Words substituted by Agriculture Act 1970 (c. 40), s. 33(1)(c)

190

Words substituted by Agriculture Act 1970 (c. 40), s. 33(1)(d)

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