Agriculture Act 1970

• (i) does not contain all the particulars referred to in section 68(1)(a) of this Act with which the material is required by this section to be marked; or

• (ii) contains any such particulars which are false to the prejudice of a purchaser,

that person shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or, on a second or subsequent conviction under this subsection, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or both; but, except where the time in question is the time of the removal of the material from the premises, it shall be a defence for a person charged with an offence under this subsection to show that it was not practicable for the material to be marked in accordance with the requirements of this section by the time in question.

• (5) In proceedings for an offence under subsection (4)(c) of this section the fact that any particulars ought to have been included or are false shall be proved by evidence of the result of an analysis of the sample taken from the portion in question.

• (6) Regulations may provide for enabling the matters required by this section to be marked on any material to be denoted by a mark whose meaning can be ascertained by reference to a register kept in such manner and form as may be specified in the regulations; and any material marked in accordance with the regulations shall be treated for the purposes of this Part of this Act as marked with the matters which the mark denotes.

• (7) A person keeping a register pursuant to regulations under subsection (6) of this section shall preserve the register for such period as may be prescribed and a person who has such a register in his possession or under his control shall on demand by an inspector produce it for his inspection and allow him to take copies of it; and any person who fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Use of names or expressions with prescribed meanings

70

• (1) Subject to the provisions of this section, where a person sells for use as a fertiliser or feeding stuff any material—

• (a) which he describes, in a statutory statement or any document given by him to the purchaser in connection with the sale, by a name or expression to which a meaning has been assigned by regulations made for the purposes of this section; or

• (b) which is marked with such a name or expression as aforesaid,

there shall, notwithstanding any contract or notice to the contrary, be implied a warranty by the seller that the material accords with that meaning; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of that warranty.

• (2) Subject to the provisions of this section, where a person—

• (a) sells for use as a fertiliser or feeding stuff any material—

• (i) which he describes, in such a statement or document as is mentioned in subsection (1) of this section, by such a name or expression as is there mentioned; or

• (ii) which is marked with such a name or expression as aforesaid; or

• (b) has on his premises for the purpose of selling it in the course of trade for such use any material which is ready for sale and marked as aforesaid,

then, if a sampled portion of the material fails, to the prejudice of a purchaser, to accord with the meaning which has been assigned to that name or expression, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or, on a second or subsequent conviction under this subsection, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or both.

• (3) In the case of any material which has been imported subsections (1) and (2) of this section shall have effect subject to such modifications as may be prescribed.

• (4) In proceedings for an offence under subsection (2) of this section the fact that a sampled portion of any material fails to accord with the meaning in question shall be proved by evidence of the result of an analysis of the sample taken from that portion.

• (5) For the purposes of this section material shall be treated as marked whether the mark is on the material itself, on a label attached to the material, on a package or container enclosing the material or, in a case within subsection (2)(b) of this section, in such a place on the premises in question that it is likely to be taken as referring to the material.

• (6) Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.

Particulars to be given of certain attributes if claimed to be present

71

• (1) A person shall not—

• (a) sell for use as a fertiliser or feeding stuff any material—

• (i) which he describes, in a statutory statement or any document given by him to the purchaser in connection with the sale, as having any attribute prescribed for the purposes of this section (not being an attribute of which particulars are required to be contained in the statutory statement); or

• (ii) which is marked with a statement that it has any such attribute; or

• (b) have on his premises for the purpose of selling it in the course of trade for such use any material which is ready for sale and marked as aforesaid,

unless the statement, document or mark, as the case may be, also states such particulars of that attribute as may be prescribed.

• (2) Any person who—

• (a) fails to comply with subsection (1) of this section; or

• (b) in purported compliance with that subsection describes or marks any material with particulars which, as respects a sampled portion of that material, are false to the prejudice of a purchaser,

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or, on a second or subsequent conviction under this subsection, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or both.

• (3) In proceedings for an offence under subsection (2)(b) of this section the fact that any particulars are false as respects a sampled portion of any material shall be proved by evidence of the result of an analysis of the sample taken from that portion.

• (4) Failure to comply with subsection (1) of this section shall not invalidate a contract of sale; and on the sale of any material in relation to which particulars are or purport to be stated as required by that subsection there shall, notwithstanding any contract or notice to the contrary, be implied a warranty by the seller that the particulars are correct; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of that warranty.

• (5) For the purposes of this section material shall be treated as marked whether the mark is on the material itself, on a label attached to the material, on a package or container enclosing the material or, in a case within subsection (1)(b) of this section, in such a place on the premises in question that it is likely to be taken as referring to the material.

• (6) Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.

Warranty of fitness of feeding stuff

72

• (1) On the sale of any material for use as a feeding stuff there shall be implied a warranty by the seller that the material is suitable to be used as such; but—

• (a) if the material is sold as suitable only for animals of a particular description, no warranty shall be implied by virtue of this subsection that the material is suitable for other animals; and

• (b) if the material is sold to be used as a feeding stuff only after being mixed with something else, no warranty shall be implied as aforesaid that the material is suitable to be so used without being so mixed.

• (2) On the sale of any material of a prescribed description for use as a feeding stuff there shall be implied a warranty by the seller that the material does not, except as stated in the statutory statement, contain any ingredient prescribed for the purposes of this subsection.

• (3) This section shall have effect notwithstanding any contract or notice to the contrary; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of such a warranty as is referred to in subsection (1) or (2) of this section.

Deleterious ingredients in feeding stuff

73

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

Limits of variation

74

• (1) No action shall lie on any warranty arising under the foregoing provisions of this Part of this Act for any mis-statement as to the nature, substance or quality of any material if the mis-statement does not exceed any limits of variation prescribed in relation thereto for the purposes of this section; but if the mis-statement exceeds any such limits the purchaser’s rights under the warranty shall not be affected by the limits.

• (2) Particulars with respect to any material which are contained in a statutory statement or in any document, or which are marked on, or denoted by a mark on, the material, shall not for the purposes of this Part of this Act be treated as false by reason of any mis-statement therein as to the nature, substance or quality of the material if the mis-statement does not exceed the said limits of variation.

• (3) Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.

Sampling and analysis

Purchaser's right to have sample taken and analysed

75

• (1) Subject to the provisions of this section, the purchaser of any material which was sold to him for use as a fertiliser or feeding stuff and in respect of which a warranty was given, or is treated by virtue of this Part of this Act as having been given, by the seller shall be entitled to have a sample of the material taken in the prescribed manner by an inspector and analysed by the agricultural analyst for the inspector’s area.

• (2) A purchaser of any material who requests a sample of it to be taken under this section shall, if so required by the inspector—

• (a) tell him the name and address of the seller; and

• (b) furnish him with, or with a copy of, any statutory statement or document containing or giving rise to the warranty relating to the material and, in the case of a warranty which by virtue of section 70(1) or 71(4) of this Act is implied by reason of the material being marked as mentioned in paragraph (b) of the said section 70(1) or subsection (1)(a)(ii) of the said section 71, of the matters stated by the mark in question.

• (3) No sample of any material shall be taken under this section—

• (a) where the warranty is contained in or arises from a statutory statement or document, after the expiration of six months from the delivery of the material to the purchaser or the receipt by him of the statutory statement or document, whichever is the later;

• (b) in any other case, after the expiration of six months from the delivery of the material to the purchaser.

• (4) Any request for a sample to be taken and analysed under this section shall be accompanied by such fee as may be fixed by the enforcement authority whose inspector is to take the sample; and different fees may be fixed for different materials and for different analyses of the same material.

Inspector's power to enter premises and take samples

76

• (1) An inspector may at all reasonable times enter—

• (a) any premises on which he has reasonable cause to believe that there is any fertiliser or feeding stuff which is kept there for the purpose of being sold in the course of trade and is ready for sale;

• (b) any premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that there is any fertiliser or feeding stuff which the occupier of the premises has purchased;

and the inspector may take a sample in the prescribed manner on those premises of any material on the premises (including any material in a vehicle) which he has reasonable cause to believe to be such a fertiliser or feeding stuff as aforesaid.

• (2) An inspector may require a person who has purchased any fertiliser or feeding stuff—

• (a) to tell him the name and address of the seller; and

• (b) to produce, and allow him to take copies of—

• (i) any statutory statement received from the seller;

• (ii) where the fertiliser or feeding stuff was described or marked as mentioned in section 70(1) or 71(1) of this Act, the document or mark in question;

and any person who without reasonable excuse fails to comply with such a requirement shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) An inspector entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him to be necessary.

• (4) Without prejudice to his powers and duties as to the taking of samples in the prescribed manner, an inspector may for the purposes of this Part of this Act take a sample in a manner other than that prescribed of any material which has been sold for use as a fertiliser or feeding stuff or which he has reasonable cause to believe to be intended for sale as such.

• (5) Where for the purpose of taking a sample of any material an inspector takes some of it from each of one or more parcels of the material which are exposed for sale by retail and none of which weighs more than fourteen pounds or the prescribed metric substitution the owner of the parcel or parcels may require the inspector to purchase the parcel or parcels on behalf of the authority for whom he acts or Food Standards Scotland (as the case may be).

Division of samples and analysis by agricultural analyst

77

• (1) Where a sample has been taken by an inspector in the prescribed manner, then, subject to subsection (2) of this section, he shall divide it into three parts of as near as may be equal size and cause each part to be marked, sealed and fastened up in the prescribed manner; and the inspector—

• (a) shall send one part to the agricultural analyst for the inspector’s area;

• (b) shall send another part—

• (i) where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;

• (ii) in any other case, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent and otherwise to the person on whose premises the sample was taken; and

• (c) subject to section 78 of this Act, shall retain the remaining part for nine months.

• (2) If the person who manufactured any material of which an inspector has taken a sample in the prescribed manner is not a person to whom a part of the sample is required to be sent under subsection (1) of this section, that subsection shall have effect as if for the reference to three parts there were substituted a reference to four parts, and the inspector shall send the fourth part to the manufacturer unless he does not know the manufacturer’s name, or any address of the manufacturer in the United Kingdom, and is unable after making reasonable inquiries to ascertain that name, or, as the case may be, any such address before the expiration of fourteen days from the date when the sample was taken.

• (3) There shall be sent with the part of a sample sent to the agricultural analyst—

• (a) a statement signed by the inspector that the sample was taken in the prescribed manner;

• (b) a copy of any statutory statement relating to the material sampled, a copy of any matters with which that material had been marked pursuant to this Part of this Act and, where the material sampled was described or marked as mentioned in section 70(1) or 71(1) of this Act, a copy of the document or the matters stated by the mark in question.

• (4) The agricultural analyst shall analyse the part of a sample which is sent to him under subsection (1)(a) of this section in such manner, if any, as may be prescribed and send a certificate of analysis in the prescribed form to the inspector who shall send a copy of it—

• (a) where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the purchaser and to the seller or his agent;

• (b) in any other case, to the person to whom a part of the sample has been sent under subsection (1)(b)(ii) of this section;

and, in either case, to any person to whom he has sent a part of the sample under subsection (2) of this section.

• (5) If the agricultural analyst to whom a sample is sent for analysis determines that for any reason an effective analysis of the sample cannot be made by him or under his direction he shall send it to the agricultural analyst for another area together with any documents received by him with the sample; and thereupon the foregoing provisions of this section shall apply as if that other analyst were the agricultural analyst for the inspector’s area and the sample had originally been sent to him.

Further analysis by Government Chemist

78

• (1) Where a sample of any material has been taken pursuant to the request of a purchaser under section 75 of this Act, any of the following persons, that is to say, the purchaser, the person who sold the material to him and any other person against whom a cause of action may lie in respect of the sale of that material, shall be entitled to require the inspector—

• (a) to send the part retained by the inspector under section 77(1)(c) of this Act (hereafter in this section referred to as “the remaining part”) for analysis to the Government Chemist;

• (b) to supply the person making the request with a copy of the Government Chemist’s certificate of analysis of that remaining part, whether that part was sent to the Government Chemist for analysis in pursuance of the request of that person or otherwise.

• (2) Where a sample of any material has been taken by an inspector in the prescribed manner and it is intended to institute proceedings against any person for an offence under this Part of this Act and to adduce on behalf of the prosecution evidence of the result of an analysis of the sample—

• (a) the prosecutor, if a person other than the inspector, shall be entitled to require the inspector—

• (i) to send the remaining part of the sample for analysis to the Government Chemist;

• (ii) to supply the prosecutor with a copy of the Government Chemist’s certificate of analysis of that remaining part, whether that part was sent to the Government Chemist for analysis in pursuance of the request of the prosecutor or otherwise;

• (b) the inspector, if he is the prosecutor, shall be entitled himself so to send that remaining part.

• (3) Where a prosecutor avails himself of his rights under subsection (2) of this section he shall cause to be served with the summons a copy of the agricultural analyst’s certificate of analysis and a copy of the Government Chemist’s certificate of analysis; and where a prosecutor does not avail himself of his rights under that subsection he shall, not less than fourteen days before the service of the summons, cause to be served on the person charged a copy of the agricultural analyst’s certificate of analysis and a notice of intended prosecution, and if, within the period of fourteen days beginning with the service of the notice, that person sends the prosecutor a written request to that effect accompanied by the amount of the fee payable by the prosecutor for the purpose under subsection (8) of this section (which shall be refunded to that person by the prosecutor if the prosecution is not brought) the prosecutor shall exercise his rights under subsection (2) of this section and the proceedings shall not be instituted until he has sent that person a copy of the Government Chemist’s certificate of analysis.

• (4) Where proceedings are brought against any person for an offence under this Part of this Act and evidence is given or sought to be given of the result of an analysis of a sample of any material taken by an inspector in the prescribed manner but it appears that the sample has not been analysed by the Government Chemist, the court may, of its own motion or on the application of either party, order the remaining part of the sample to be sent for analysis to the Government Chemist.

• (5) Where under this section a part of a sample is sent for analysis to the Government Chemist there shall be sent with it—

• (a) a copy of any document which was sent with the part of the sample sent to the agricultural analyst; and

• (b) if the part is sent to the Government Chemist under subsection (2) or (4) of this section, a statement of the particulars on which the proceedings or intended proceedings are based.

• (6) The Government Chemist shall analyse in such manner, if any, as may be prescribed any part of a sample sent to him under this section but, where the part is accompanied by a statement such as is mentioned in subsection (5)(b) of this section, the analysis shall be made only with respect to the particulars in the statement unless the person or court requesting or ordering the analysis requires it to extend also to other matters.

• (7) A certificate of any analysis under this section shall be sent by the Government Chemist—

• (a) if the material analysed was sent to him in pursuance of subsection (1) or (2) of this section, to the inspector;

• (b) if it was sent to him in pursuance of an order of the court under subsection (4) of this section, to the court.

• (8) A request for an analysis under subsection (1) or (2) of this section shall be of no effect unless accompanied by the appropriate fee; and the appropriate fee for any analysis ordered by the court under subsection (4) of this section shall be paid by such party to the proceedings as the court may direct.

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

• (a) for any reference to the court there shall be substituted a reference to the sheriff;

• (b) in subsection (2), in paragraph (a) the words “if a person other than the inspector" and paragraph (b) shall be omitted;

• (c) in subsection (3), for any reference to the summons there shall be substituted a reference to the complaint;

• (d) for subsection (8) there shall be substituted the following subsection—

(8) A request for an analysis— (a) under subsection (1) of this section; or (b) under subsection (2) thereof where the request is made at the instance of a person charged with an offence who has received a notice of intended prosecution, shall be of no effect unless accompanied by the appropriate fee; and the appropriate fee for any analysis ordered by the sheriff under subsection (4) of this section shall be paid by such party to the proceedings as the sheriff may direct.

• (10) In subsection (8) of this section “the appropriate fee” means such fee as may be fixed by the Secretary of State with the approval of the Treasury, and different fees may be fixed for different materials and for different analyses of the same material.

Supplementary provisions relating to samples and analysis

79

• (1) The regulations with respect to the taking of samples under this Part of this Act may include provision requiring an inspector who proposes to take such a sample, in such circumstances as may be specified in the regulations, to satisfy himself as to such matters affecting the state of the material to be sampled as may be so specified.

• (2) Regulations may make provision with respect to the handling and storage of the parts into which samples are divided and with respect to the period within which analyses are to be carried out.

• (3) Where the method of analysis for determining any fact as to the nature, substance or quality of any material is prescribed, any statement of that fact—

• (a) in a statutory statement or in, or denoted by, a mark applied to any material in pursuance of this Part of this Act; or

• (b) in any document or in, or denoted by, any mark, being a document or mark which is not a statutory statement but which gives rise to a warranty by virtue of this Part of this Act,

shall be taken to be a statement of that fact as determined by analysis in accordance with the method prescribed.

• (4) Any analysis required to be made by an agricultural analyst or the Government Chemist may be made by any person acting under his directions.

• (5) A certificate of analysis by an analyst appointed under section 67(3)(b) 67A(2)(a) or (4)(a) of this Act shall be signed by that analyst or another analyst so appointed for the same area, and a certificate of analysis by the Government Chemist shall be signed by him or a person authorised by him to sign the certificate.

• (6) A certificate of analysis by an agricultural analyst or the Government Chemist shall, in any legal proceedings, be received as evidence of the facts stated therein if the party against whom it is to be given in evidence has been served with a copy of it not less than twenty-one days before the hearing and has not, before the seventh day preceding the hearing, served on the other party a notice requiring the attendance of the person who made the analysis.

• (7) In any legal proceedings in Scotland, a certificate of analysis received in evidence by virtue of subsection (6) of this section, or, where the attendance of the person who made the analysis is required under that subsection, the evidence of that person, shall be sufficient evidence of the facts stated in the certificate.

• (8) Any document purporting to be a certificate of the kind mentioned in the foregoing provisions of this section shall be deemed to be such a certificate unless the contrary is proved.

• (9) Any part of a sample, notice, certificate or other document required to be sent to or served on any person under this section or section 77 or 78 of this Act shall be sent or served in such manner, if any, as may be prescribed.

• (10) Any person who—

• (a) tampers with any material so as to procure that any sample of it taken or submitted for analysis under this Part of this Act does not correctly represent the material; or

• (b) tampers or interferes with any sample taken or submitted for analysis under this Part of this Act,

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or, on a second or subsequent conviction under this subsection, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or both.

Prosecutions under Part IV

Institution of prosecutions

80

• (1) Without prejudice to any other enactment relating to the place where proceedings may be taken, proceedings for an offence under this Part of this Act may be taken in the place where the person charged resides or carries on business.

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

Offences due to fault of other person

81

Where the commission by any person of an offence under this Part of this Act is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.

Defence of mistake, accident, etc.

82

• (1) In any proceedings for an offence under any of the following provisions of this Act, namely, sections 68(1A), (4)(b) and (c), 69(4)(c), 70(2), 71(2)(b) 73, 73A and 74A, it shall, subject to subsection (2) of this section, be a defence for the person charged to prove—

• (a) that the commission of the offence was due to a mistake, or to reliance on information supplied to him, or to the act or default of another person, or to an accident or some other cause beyond his control; and

• (b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

• (2) If in any case the defence provided by the foregoing subsection involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

Supplementary provisions

Exercise of powers by inspectors

83

• (1) An inspector exercising his powers under this Part of this Act shall, if so required, produce written evidence of his authority.

• (2) Any person who wilfully obstructs an inspector in the exercise of his powers under this Part of this Act shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) Any person who, not being an inspector, purports to act as such under this Part of this Act shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or, on a second or subsequent conviction under this subsection, to a fine not exceeding level 4 on the standard scale or imprisonment for a term not exceeding three months or both.

• (4) Subject to subsection (5) of this section, if any person discloses to any other person—

• (a) any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of this Part of this Act; or

• (b) any information obtained by him in pursuance of this Part of this Act,

then, unless the disclosure was made in and for the purpose of the performance by him or any other person of functions under this Part of this Act, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (5) Subsection (4) of this section shall not prevent an inspector who has taken a sample of any material under section 76(4) of this Act from disclosing to the manufacturer or to the last seller of the material information as to the place where and the person from whom the sample was taken or from disclosing to that manufacturer or last seller or to any person who had the material on his premises for the purpose of sale information as to the results of any analysis of that sample.

Regulations

84

• (1) Any regulations authorised to be made under this Part of this Act shall be made by the Ministers after consultation with such persons or organisations as appear to them to represent the interests concerned, and anything which under this Part of this Act is authorised to be prescribed shall be prescribed by regulations made as aforesaid.

• (2) Any regulations under this Part of this Act shall be made by statutory instrument, and—

• (a) may make different provision for different circumstances; and

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament (unless any of subsections (2A) to (2C) applies).

• (2A) The following regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament—

• (a) the first regulations made by the Secretary of State under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

• (b) any other regulations made by the Secretary of State under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).

• (2B) The following regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru—

• (a) the first regulations made by the Welsh Ministers under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

• (b) any other regulations made by the Welsh Ministers under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).

• (2C) The following regulations made by the Scottish Ministers are subject to the affirmative procedure (as to which, see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010)—

• (a) the first regulations made by the Scottish Ministers under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

• (b) any other regulations made by the Scottish Ministers under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).

• (2D) The following regulations may not be made unless a draft of them has been laid before, and approved by a resolution of, the Northern Ireland Assembly—

• (a) the first regulations made by a Northern Ireland department under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

• (b) any other regulations made by a Northern Ireland department under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).

• (3) Subsection (1) shall not apply in any case in which consultation is required by Article 9 of Regulation ( EC ) No. 178/2002 .

• (3) Subsection (1) shall not apply in any case in which consultation is required by Article 9 of Regulation ( EC ) No. 178/2002 applies.

Exemption for certain sales

85

This Part of this Act shall not apply—

• (a) to the sale of any material in the case of which, at the time when apart from section 66(3) of this Act the material would fall to be treated as delivered to the purchaser in pursuance of the contract of sale, the material is not in the United Kingdom or, having been imported, has not been released from customs control;

• (b) to the sale of any material which is to be delivered to the purchaser outside the United Kingdom;

• (c) to the sale of any material in the exercise of a statutory power to enforce a right or to satisfy a claim or lien; or

• (d) where the sale is made by a sheriff, bailiff or other officer to satisfy a writ of execution or warrant or decree of any court, or a distress for rent or warrant of distress or warrant of control .

Modifications of Part IV in application to Northern Ireland

86

• (1) In its application to Northern Ireland, this Part of this Act shall have effect subject to the modifications specified in the following provisions of this section.

• (2) In section 66(1)—

• (a) there shall be inserted the following definition, namely—

• “chief agricultural analyst” means the chief agricultural analyst for Northern Ireland

• (b) the definitions of “enforcement authority", “the Minister" and “the Ministers" shall be omitted.

• (3) For section 67 there shall be substituted the following—

(67) (1) The Department of Agriculture for Northern Ireland (in this Part of this Act referred to as “the Ministry”) shall enforce the provisions of this Part of this Act. (2) For the purpose of enforcing this Part of this Act the Ministry may appoint such agricultural analysts, deputy agricultural analysts and inspectors as appear to the Ministry to be necessary.

• (4) In section 76(5), for the words “the authority for whom he acts" there shall be substituted the words “the Ministry".

• (5) In sections 75 and 77, for any reference to the agricultural analyst for an inspector’s area there shall be substituted a reference to an agricultural analyst in Northern Ireland, and the expression “agricultural analyst" shall not include the chief agricultural analyst.

• (6) In section 78, for any reference to the Government Chemist there shall be substituted a reference to the chief agricultural analyst; and in subsection (10) of that section for the words “ the Secretary of State with the approval of the Treasury" there shall be substituted the words “the Ministry with the approval of the Department of Finance for Northern Ireland".

• (7) In section 79, for any reference to the Government Chemist there shall be substituted a reference to the chief agricultural analyst, and in subsection (5) the words “(3)(b)" shall be omitted.

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

• (9) In section 84, for any reference to the Ministers there shall be substituted a reference to the Ministry, and in subsection (2) thereof the words “shall be made by statutory instrument, and" shall be omitted and for paragraph (b) there shall be substituted the following:—

• (10) Section 87(1) shall have effect with the substitution for the word “Ministers" of the word “Ministry" and with the omission of the words “made by statutory instrument".

Commencement of Part IV, savings and amendments

87

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

• (2) The appointment of any person under the said Act of 1926 as an inspector, agricultural analyst or deputy agricultural analyst shall continue to have effect as if made under the corresponding provision of this Part of this Act.

• (3) In section 2(4) of the Trade Descriptions Act 1968 (which contains an exemption for descriptions applied to certain articles in pursuance of the said Act of 1926) for the words “any description applied in pursuance of the Fertilisers and Feeding Stuffs Act 1926 to an article included in the first column of Schedule 1 to that Act" there shall be substituted the words “any statement made in respect of, or mark applied to, any material in pursuance of Part IV of the Agriculture Act 1970, any name or expression to which a meaning has been assigned under section 70 of that Act when applied to any material in the circumstances specified in that section".

• (4) In section 90(3) of the Medicines Act 1968 (which contains an exemption for marks and statements made in pursuance of the said Act of 1926) for paragraphs (a) and (b) there shall be substituted the following—

(a) of any mark which is made on a container or package in pursuance of Part IV of the Agriculture Act 1970; or (b) of any statement which, in pursuance of that Part, is made in any leaflet supplied, or intended to be supplied, with any material.

Part V

Provision of flood warning systems

88

Grants towards cost of flood warning system

89

• (1) The Minister of Agriculture, Fisheries and Food (in this Part of this Act referred to as " the Minister") may make grants, of such amounts as the Treasury may from time to time sanction, towards expenditure incurred by relevant authorities at any time on or after 1st January 1969 in—

• (a) providing or installing apparatus, or carrying out other engineering or building operations, for the purposes of a flood warning system, or

• (b) adapting for those purposes any apparatus or works to which a hydrometric scheme relates, being a scheme made by the authority in question under section 15 of the Act of 1963, or under that section as applied to any relevant authority as mentioned in subsection (2) or subsection (3) of section 88 of this Act.

• (2) No grant shall be payable under this section towards expenditure incurred in connection with any work unless the work has been approved by the Minister and the Minister is satisfied that the work is being or has been properly carried out; and grants under this section shall be made subject to such conditions as may be imposed by the Minister with the approval of the Treasury.

• (3) Where any such expenditure as is mentioned in subsection (1) of this section is about to be incurred by a relevant authority, the Minister may, with the approval of the Treasury, make advances to the authority on account of the expenditure.

• (4) In this section " relevant authority " means any of the following, that is to say, any river authority, the Isle of Wight Authority, the Conservators, the Catchment Board and the Greater London Council.

Contributions by internal drainage boards

90

• (1) In subsections (1) and (2) of section 21 of the Land Drainage Act 1930 (which relates to contributions by internal drainage boards), references to the expenses of a river authority shall be deemed always to have included references to expenses in connection with the provision and operation of a flood warning system.

• (2) Subsection (1) of this section shall have effect for the purposes of the application of those subsections in relation to the expenses of the Isle of Wight Authority, the Conservators and the Catchment Board as it has effect for the purposes of their application in relation to the expenses of a river authority.

Supplementary provision and interpretation and extent of Part V

91

• (1) Section 71(1) of the Act of 1963 (which limits the operation of powers conferred on river authorities by that Act) shall apply as if section 88 of this Act were a provision of that Act and as if all the bodies on whom powers are conferred by virtue of the said section 88 were river authorities; and nothing in the said section 88 shall authorise any infringement of the exclusive privilege conferred on the Post Office by section 24(1) of the Post Office Act 1969 (telecommunication systems).

• (2) Before a relevant authority within the meaning of section 89(4) of this Act exercise within the area of another such authority any power conferred on them by section 88(1)(b) or (4)(b) thereof other than the power to maintain apparatus, they shall consult with that other authority; and for the purposes of this subsection the area of the Greater London Council shall be taken to be the London excluded area referred to in section 88(4)(a) of this Act.

• (3) Section 135(1) of the Act of 1963 (interpretation), except in so far as it defines the expression " the Minister ", shall have effect for the purposes of this Part of this Act as it has effect for the purposes of that Act, but as if in the definition of " inland water " for the words " within any of the river authority areas " wherever they occur there were substituted the words " within Great Britain ".

• (4) Section 135(2)(b) of the Act of 1963 (whereby, for the purpose of construing references in that Act to the appropriate Minister or Ministers, the Minister of Agriculture, Fisheries and Food is to be taken to be concerned with functions relating to land drainage) shall have effect as if the reference to land drainage included a reference to flood warning systems.

• (5) Any river authority whose area adjoins Scotland may exercise the powers conferred by section 88(1)(b) or (c) of this Act in an area in Scotland as if that area in Scotland formed part of the authority's area subject (except in the case of the power to maintain apparatus) to prior consultation with the local authority for that area in Scotland within the meaning of section 92 (2)(b) of this Act; but save as aforesaid this Part of this Act extends to England and Wales only.

Part VI — Flood Warning Systems in Scotland

Provision of flood warning systems

92

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

Combinations of local authorities

93

Arrangements with other bodies

94

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

Acquisition of land

95

Powers of entry on land

96

• (1) Subject to the provisions of this section, any person authorised by a local authority shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter on any land (whether in the area of the local authority or not) for the purpose of determining whether, and if so in what manner, any power conferred on the local authority by this Part of this Act is to be exercised.

• (2) Admission to any land shall not be demanded as of right under this section unless fourteen days notice of the intended entry has been given to the occupier of the land.

• (3) If on application made to him the sheriff is satisfied—

• (a) that admission to any land on which any person is entitled to enter under this section has been refused to that person or that refusal is apprehended, or that the land is unoccupied, or that the case is one of urgency,

• (b) that there is reasonable ground for entry on the land for the purpose for which entry is required, and

• (c) either that notice of the intention to make the application has been given to the occupier or that it is equitable in the circumstances to dispense with such notice,

the sheriff may by warrant under his hand authorise that person to enter on the land; and any warrant so issued shall be expressed to remain in force for such period only as the sheriff, having regard to all the circumstances of the case, shall fix.

• (4) If any person wilfully obstructs any other person exercising a right conferred by this section to enter, or do anything, on any land he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £5 in the case of a first conviction or £20 in the case of a second or any subsequent conviction.

Grants towards cost of flood warning system

97

Extent of Part VI

98

The Scottish Environment Protection Agency may exercise the powers conferred by section 92(1) of this Act in an area in England subject (except in the case of the power to maintain apparatus) to prior consultation with the Environment Agency; but save as aforesaid this Part of this Act extends to Scotland only.

Part VII — Miscellaneous provisions

Agricultural tied cottages

99

• (1) Section 33 of the Rent Act 1965 (which enables the court to suspend an order for possession of premises occupied by the tenant under a former tenancy within the meaning of Part III of that Act under the terms of his employment as a person employed in agriculture) shall have effect with the amendments specified in the subsequent provisions of this section; but section 36 of that Act (under which the said section 33 binds the Crown) shall not apply to the subsection added to the said section 33 by subsection (4) of this section.

• (2) After subsection (3) of the said section 33 there shall be inserted the following subsection:—

(3A) Where the order for possession is made within the period of six months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the court under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the court shall suspend the execution of the order (on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable) for the remainder of the period of six months aforesaid unless the court— (a) is satisfied either— (i) that other suitable accommodation is, or will within that period be made, available to the occupier; or (ii) that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or (iii) that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period; or (iv) that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises; and (b) considers that it would be reasonable not to suspend the execution of the order for the remainder of that period; but a decision of the court not to suspend the execution of the order under this subsection shall not prejudice any other power of the court to postpone the operation or suspend the execution of the order for the whole or part of the period of six months aforesaid.

• (3) In subsection (5) of the said section 33 (which sets out the matters to which the court is to have regard in considering whether or how to exercise its powers under that section) for the words “powers under this section" there shall be substituted the words “powers under subsection (3) of this section".

• (4) After subsection (6) of the said section 33 there shall be inserted the following subsection:—

(6A) Where, in the case of an order for possession of the premises to which subsection (3A) of this section applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the court that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was— (a) attributable to the provisions of paragraph (a)(ii) of that subsection, and (b) due to misrepresentation or concealment of material facts by the owner of the premises, the court may order the owner to pay to the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.

Further provisions as to recovery of possession of redundant farmhouses in England and Wales

100

Further provisions as to recovery of possession of redundant farmhouses in Scotland

101

Registration of notices relating to conditions applied to Scottish cottages under Hill Farming Act 1946 s. 10

102

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

National Agricultural Advisory Service

103

Financing of agricultural training

104

Amendments of Diseases of Animals Act 1950

105

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

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Eradication of brucellosis

106

• (1) The appropriate Minister may, in accordance with a scheme made by the appropriate authority with the consent of the Treasury, pay to the owner of any herd of cattle kept in the United Kingdom, or to any person concerned with the management of such a herd, such sums as that Minister thinks fit to expend in connection with the eradication of brucellosis, and may in particular, if the scheme so provides, pay any such sum by way of supplement to, and subject to any terms or conditions governing the payment of, any grant or subsidy payable under or by virtue of any enactment other than this section.

• (2) A board constituted by any scheme relating to the marketing of milk and made under the Agricultural Marketing Act 1958 or any enactment of the Parliament of Northern Ireland shall, in accordance with any scheme in that behalf made by the appropriate authority with the consent of the Treasury, make to producers registered under the scheme constituting the board payments in connection with the eradication of brucellosis, being payments in respect of milk sold, or deemed for the purpose of any payments under the scheme constituting the board to have been produced, on or after 1st April 1970; and the sums from time to time required by such a board for the making of payments under this subsection shall be paid to the board by the appropriate Minister.

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

• (4) Any person who offers for sale, otherwise than for slaughter, any animal known to him to be a reactor to brucella abortus shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, or, if the offence is committed with respect to more than ten animals, to a fine not exceeding level 3 on the standard scale for each animal.

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

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

• (7) Any person who knowingly or recklessly makes any false statement for the purpose of obtaining for himself or any other person any payment under a scheme under subsection (1) or (2) of this section shall be liable 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.

• (8) Any of the following officers—

• (a) in England and Wales, any officer of the Minister of Agriculture, Fisheries and Food authorised in writing by that Minister to exercise the powers conferred by this subsection;

• (b) in Scotland, any officer of the Secretary of State or of the said Minister having the like authority of that Secretary of State, and

• (c) in Northern Ireland, any officer within paragraph (a) above, and any officer of the Department of Agriculture for Northern Ireland having the like authority of that Department;

may, for the purpose of obtaining any information which he may consider necessary in connection with a scheme under subsection (1) or (2) of this section, enter upon any land or premises and there inspect any animal, apply any test or take any sample, and examine and take copies of or extracts from any document.

The right of entry under this subsection may be exercised at any reasonable time, but only after production of the officer’s authority if so required; and any person who obstructs or impedes an officer acting in the exercise of his powers under this subsection shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or imprisonment for a term not exceeding one month or both.

• (9) In subsections (1) and (2) of this section—

• “the appropriate Minister” means the Minister of Agriculture, Fisheries and Food or, in relation to herds kept in Scotland or sums required for making payments to producers in Scotland, the Secretary of State; and

• “the appropriate authority” means the Minister of Agriculture Fisheries and Food or, for the purposes of a scheme relating to herds or producers in Wales (including Monmouthshire), that Minister and the Secretary of State acting jointly or, for the purposes of a scheme relating to herds or producers in Scotland, the Secretary of State.

• (10) A scheme under subsection (1) or (2) of this section—

• (a) may relate to herds or producers in one part only of the United Kingdom or (the appropriate authorities acting jointly for the purpose, if different) in two or more such parts;

• (b) may be varied or revoked by a subsequent scheme under that subsection;

• (c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provision for improving marketing of home-grown maize

107

Corn returns

108

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

Powers of Parliament of Northern Ireland as to injurious weeds

109

Part VIII — General

Offences by bodies corporate

110

• (1) Where a body corporate is guilty of an offence under this Act or any order or scheme made thereunder 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.

• (2) Where the affairs of a body corporate are managed by its members, the foregoing subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Expenses and receipts

111

• (1) There shall be paid out of moneys provided by Parliament—

• (a) any expenditure incurred by any Minister under or by virtue of this Act; and

• (b) any increase attributable to any provision of this Act in the sums payable out of moneys so provided under any other enactment.

• (2) All receipts of any Minister under this Act ... shall be paid into the Consolidated Fund.

Saving for powers of Parliament of Northern Ireland

112

Short title, construction of references and repeals

113

• (1) This Act may be cited as the Agriculture Act 1970.

• (2) Except in so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

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

• (4) The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken as affecting the operation in relation to this Act of sections 16(1) and 17(2) (a) of the Interpretation Act 1978 (which relates to the effect of repeals).

SCHEDULE 1

1

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

2

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

3

For the purposes of the Restrictive Trade Practices Act 1956, the definition of " trade association " in section 6(8) of that Act shall be construed as not including the Authority.

4

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

5

• (1) Subject to the following provisions of this paragraph, a member of the Authority and the chairman and deputy chairman thereof shall hold and vacate office as such in accordance with the terms of his appointment.

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

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

6

• (1) A member of the Authority shall, if he is in any way directly or indirectly interested in a contract made or proposed to be made by the Authority, disclose the nature of his interest at a meeting of the Authority 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 Authority, and that member shall not take part after the disclosure in any deliberation or decision of the Authority with respect to that contract, but may, nevertheless, be taken into account for the purpose of constituting a quorum of the Authority.

7

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

8

Subject to paragraphs 6 and 7 of this Schedule, the authority may determine their own quorum and procedure and the quorum and procedure of any committee of the Authority.

9

• (1) The Authority may appoint a secretary and such other officers and such servants as the Authority may determine.

• (2) The Authority shall—

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

• (b) as to any officers or servants in whose case the Authority may determine to do so, pay to or in respect of them such pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Authority may with the like approval determine.

10

• (1) The Authority may appoint such advisory committees as they think fit, to consider such matters with which the Authority are concerned as the Authority may determine and to report on those matters to the Authority ; and any such committee may include persons who are not members of the Authority.

• (2) The Authority may pay to members of any such committee who are not members of the Authority such allowances as the Ministers may, with the approval of the Minister for the Civil Service, determine.

11

The application of the seal of the Authority shall be authenticated by the signature of the secretary of the Authority or some other person authorised by the Authority, either generally or specially, to act for that purpose.

12

In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (bodies of which all members are disqualified under that Act), there shall (at the appropriate point in alphabetical order) be inserted the following entry :—

• The Eggs Authority

;

and the like amendment shall be made in the Part substituted for the said Part II by Schedule 3 to that Act in its application to the Senate and House of Commons of Northern Ireland.

SCHEDULE 2

SCHEDULE 3

1

In this Schedule “the repeal” means the repeal by this Act of the enactments specified in Part III of Schedule 5 thereto, and “the repealed enactments” means the enactments so specified.

2

Any land which immediately before the commencement of Part III of this Act is held by a smallholdings authority for the purposes of smallholdings shall, notwithstanding the repeal, continue to be held by that authority for the purposes of smallholdings, subject to any power exercisable by the authority by virtue of any enactment to appropriate or dispose of it for other purposes.

3

The repeal shall not affect the validity of any letting effected before the commencement of Part III of this Act.

4

The repeal shall not affect the operation of any of the repealed enactments in relation to allotments or in relation to allotment committees.

5

The repeal, in so far as it relates to section 48 of the Small Holdings and Allotments Act 1908, shall not affect the operation of that section in relation to cottage holdings.

6

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

7

The repeal shall not affect any duty of the Minister to give effect to any trust on which any land is held by the Minister or to any scheme established under the Charitable Trusts Acts 1853 to 1939, or any of those Acts, and subsisting immediately before the commencement of Part III of this Act in accordance with section 48(4) of the Charities Act 1960.

8

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

9

Without prejudice to the preceding provisions of this Schedule, in so far as any agreement made, record, map or plan compiled and kept, or other thing done by virtue of any of the repealed enactments could have been made, compiled and kept or done by virtue of a corresponding provision of Part III of this Act, it shall not be invalidated by the repeal but shall effect as if made, compiled and kept or done by virtue of that corresponding provision.

SCHEDULE 4

SCHEDULE 5

PART I

Repeals of enactments relating to capital grants

PART II

Repeals consequential on s. 35

PART III

Repeals of enactments relating to smallholdings

PART IV

Repeals consequential on s. 108

PART V

Miscellaneous repeals

Interpretation of Part II.

Farm capital grants.

Enforcement authorities and appointment of inspectors and analysts.

73A

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

74A

• (1) Regulations under this Part of this Act, with a view to controlling in the public interest the composition , content or function of fertilisers and of material intended for the feeding of animals, may make provision—

• (a) prohibiting or restricting, by reference to its composition , content or function, the importation into and exportation from the United Kingdom, the sale or possession with a view to sale, or the use, of any prescribed material;

• (b) regulating the marking, labelling and packaging of prescribed material and the marks to be applied to any container or vehicle in which any prescribed material is enclosed or conveyed.

• (1A) Regulations made under subsection (1) above with respect to fertilisers may, for the purposes of assessing, monitoring or enforcing compliance with such regulations or otherwise mitigating risks to human, animal or plant health or the environment presented by fertilisers, include provision—

• (a) for the carrying out of procedures to assess the composition, content or function of any material (“assessment procedures”);

• (b) conferring on a public authority functions relating to market surveillance and regulation;

• (c) requiring the keeping or provision of information.

• (1B) Provision for assessment procedures which is made under subsection (1A)(a) above may include provision—

• (a) as to how and when assessment procedures are to be carried out;

• (b) as to the persons by whom assessment procedures are to be carried out or verified and the functions of such persons;

• (c) conferring on a public authority functions relating to the appointment and registration of persons referred to in paragraph (b) and authorising delegation of those functions;

• (d) for appeals against decisions taken in relation to assessment procedures or appointments and registration;

• (e) for the charging of fees in respect of assessment procedures (such fees not to exceed the reasonable costs of carrying out the procedures);

• (f) conferring on a public authority functions relating to the registration of fertilisers which, on the basis of assessment procedures carried out on them, meet the requirements of the regulations.

• (1C) The functions which may be conferred on a public authority under subsection (1A)(b) above include—

• (a) powers to require the carrying out of further assessment procedures;

• (b) powers to prohibit or restrict the carrying out of an activity in relation to fertilisers;

• (c) powers to require the taking of action in relation to fertilisers;

• (d) powers to require the withdrawal from sale, or the recall from purchasers, of fertilisers;

• (e) powers to impose monetary penalties in cases where the public authority considers that there has been a failure to comply with the regulations;

• (f) powers of entry and inspection, including powers of taking samples and of seizing or destroying any material.

• (1D) Regulations under subsection (1A)(c) may not impose or confer a duty or power requiring or authorising the disclosure or use of information where the disclosure or use would (taking the duty or power into account) contravene the data protection legislation (which for these purposes has the same meaning as in the Data Protection Act 2018).

• (1E) Regulations made under subsection (1) above may—

• (a) make provision that is incidental, consequential or supplementary to provision made under subsections (1A) to (1C), including provision—

• (i) amending or repealing EU Regulation 2003/2003 of 13 October 2003 relating to fertilisers, and

• (ii) amending or repealing other assimilated direct legislation;

• (b) provide for a person to exercise a discretion in relation to any matter.

• (1F) In this section “public authority” means a person exercising functions of a public nature.

• (2) Regulations made under subsection (1) above with respect to any material may include provision excluding or modifying the operation in relation to that material of any other provision of this Part of this Act; but, subject to any provision so made, references in this Part of this Act to feeding stuffs shall apply to all material which is intended for the feeding of animals and with respect to which regulations are for the time being in force under that subsection.

• (3) Any person who contravenes any prohibition or restriction imposed by regulations under subsection (1) above, or fails to comply with any other provision of the regulations, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or, on a second or subsequent conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

• (4) With a view to supplementing assimilated direct legislation relating to fertilisers or to material intended for the feeding of animals, regulations may provide for the application, in relation to any material specified in the regulations, of all or any of the provisions of this Part of this Act, subject to any modifications which may be so specified.

Supplementary provisions relating to samples and analysis.

Provision of flood warning systems.

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

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

26

• (1) The appropriate Minister may in accordance with a scheme approve, and (subject to section 50 of the Agriculture Act 1970) make grants out of money provided by Parliament towards expenditure incurred in connection with the carrying out of—