Agriculture (Miscellaneous Provisions) Act 1976

Part I — Miscellaneous Provisions

Dissolution of Sugar Board

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Increase in advances to Agricultural Mortgage Corporation Ltd

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Duties of Meat and Livestock Commission as regards consultation

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Grants in connection with proficiency tests in crafts related to agriculture

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• (1) This section applies to any body of persons the activities of which include the taking of measures for some or all of the following purposes, namely—

• (a) devising, formulating and promoting proficiency tests in crafts related to agriculture in England and Wales, formulating standards for those tests, and revising those tests and standards from time to time;

• (b) co-ordinating the activities of bodies carrying out such proficiency tests in England or Wales, and monitoring the methods and standards of such bodies in carrying out those tests; and

• (c) making and maintaining arrangements for obtaining and evaluating data about the use and results of such proficiency tests in England and Wales ...

• (2) The Minister may with the approval of the Treasury make payments by way of grant to any body to which this section applies for use in or towards meeting expenditure incurred or to be incurred by the body for or in connection with any purpose mentioned in subsection (1) above.

• (3) A payment under this section may be made on such conditions as the Minister thinks fit to impose, including conditions for restricting the purposes for which it can be used.

• (4) If, in the case of any payment made under this section, it appears to the Minister—

• (a) that the payment or any part of it has not been used for the purpose for which it was made; or

• (b) that, as regards the payment or any part of it, any condition on which the payment was made has not been complied with in a material respect,

he may on demand recover an amount equal to the payment or that part of it, as the case may be.

• (5) In this section “agriculture” includes horticulture and forestry.

Measures to restrict the growing of male hop plants

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• (1) This section shall have effect for the purpose of facilitating the production of seedless hops.

• (2) The Minister may by order bring this section into force in any area in England in which persons are engaged in growing hops if, after consultation with—

• (a) such organisations as appear to him appropriate as representing persons carrying on in the area the business of producing hops; and

• (b) such persons as are known to him to be carrying on that business in the area,

he is satisfied that it is reasonable to make the order.

• (3) Where this section is in force in any area (“the current area") by virtue of an order under this section (“the current order"), the Minister may by order revoke or vary the current order if, after consultation with—

• (a) such organisations as appear to him appropriate as representing persons carrying on in the relevant area the business of producing hops; and

• (b) such persons as are known to him to be carrying on that business in the relevant area,

he is satisfied that it is reasonable to make the order.

In this subsection “the relevant area” means the current area or, if the proposed order would add any area to the current area, the area consisting of the current area and the area proposed to be added.

• (4) Before making an order under this section the Minister shall publish, in such manner as he considers appropriate for informing persons likely to be affected, a notice of his intention to do so, stating—

• (a) where a draft of the order may be inspected and copies obtained; and

• (b) the time (not being less than twenty-eight days from the publication of the notice) within which and the manner in which objections to the proposed order can be made;

and the Minister shall, before making the order, consider any objections duly made, and, if he decides to make the order, may do so either in the form of the draft or with such modifications as he thinks fit.

• (5) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) If male hop plants are growing on any land within an area where this section is in force, the Minister may serve a notice on the occupier of the land (or, in the case of unoccupied land, on the person entitled to occupy it) requiring him to take within such time as may be specified in the notice such steps for the removal, treatment or destruction of those plants as may be so specified for the purpose of preventing those plants from becoming or remaining an actual or potential cause of pollination in female hop plants in the area.

• (7) If the person served with a notice under this section does not comply with any requirement in the notice, the Minister may enter and do what that person has failed to do, and may recover from him a sum equal to the reasonable cost incurred by the Minister in taking any action under this subsection.

• (8) Without prejudice to the power of proceeding under the preceding subsection, a person who without reasonable excuse fails to comply with any requirement in a notice under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (9) A person duly authorised by the Minister may, on production if so required of his authority, at all reasonable hours enter on any land (but not into any dwellinghouse) in an area where this section is in force for the purpose of ascertaining whether male hop plants are growing on the land or whether the requirements of a notice under this section relating to male hop plants on that land have been complied with.

• (10) A notice under this section may be served by leaving it at, or sending it by post addressed to, the last known address of the person on whom it is to be served, and if it is not practicable after reasonable inquiry to ascertain his name and address, the notice may be served by addressing it to him as “the occupier” of the land and affixing it or a copy of it to some conspicuous object on the land.

• (11) A person who intentionally obstructs a person acting in the exercise of powers conferred by subsection (7) or subsection (9) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Power to obtain agricultural statistics

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Adaptation of enactments to metric units

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• (1) The competent authority may by regulations amend any enactment to which this section applies—

• (a) by substituting an amount, quantity or rate expressed in metric units for an amount, quantity or rate not so expressed; or

• (b) by substituting an expression which is compatible with the use of metric units for an expression that has reference to a non-metric unit (for example “acreage").

• (2) This section applies to the following enactments, that is to say—

• (a) the provisions of the Acts mentioned in Schedule 3 to this Act which are specified in the third column of that Schedule;

• (b) any other provision contained in an Act (whenever passed), being a provision whose subject-matter is akin to that of any of the provisions so specified;

• (c) any scheme made or having effect as if made under Part I of the Agricultural Marketing Act 1958; and

• (d) any enactment (whenever passed or made) relating to any of the following matters, that is to say—

• (i) sea-fishing or fishing for shellfish, salmon or migratory trout;

• (ii) salmon, trout, freshwater fish or eels (within the meaning of those expressions as defined in section 41(1) of the Salmon and Freshwater Fisheries Act 1975);

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• (iii) salmon, trout or freshwater fish (within the meaning of those expressions as defined in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951);

• (iv) any harbour in England or Wales which is a fishery harbour for the purposes of the Sea Fish Industry Act 1951, or such harbours generally;

• (v) any harbour or boatslip in Scotland which is a marine work as defined in section 57(1) of the Harbours Act 1964, or such harbours and boatslips generally.

• (3) Any amendments made in an enactment by regulations under this section shall be such as to preserve the effect of the enactment except to such extent as in the opinion of the authority making the regulations is necessary to obtain amounts, quantities or rates expressed in convenient and suitable terms.

• (4) Before making any regulations under this section the authority proposing to do so shall consult such organisations as appear to the authority appropriate as representing any interests concerned.

• (4A) Subsection (4) does not apply to regulations which make amendments that apply only in relation to England.

• (5) Regulations under this section may contain such incidental, supplemental and consequential provisions as the authority making them considers expedient.

• (6) The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In this section—

• “the competent authority” means the Minister, or the Secretary of State, or the Minister and the Secretary of State acting jointly;

• “enactment” means any provision of a public general Act, of a local, private or personal Act, of a provisional order confirmed by an Act, or of any instrument made or having effect under an Act.

Power to regulate the exportation of animals in the interests of their welfare

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Power to provide for the destruction of wild life

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• (1) This section applies to any disease other than rabies which is for the time being a disease for the purposes of section 1(1)(a) of the Diseases of Animals Act 1950 (general power to make orders for preventing the spreading of disease).

• (2) The appropriate authority, if satisfied in the case of any area—

• (a) that there exists among the wild members of one or more species in the area a disease to which this section applies which has been or is being transmitted from members of that or those species to animals or poultry of any kind in the area ; and

• (b) that destruction of wild members of that or those species in that area is necessary in order to eliminate, or substantially reduce the incidence of, that disease in animals or poultry of any kind in the area,

may, subject to the following provisions of this section, by order make provision for the destruction of wild members of that or those species in that area.

• (3) Before making an order under this section the appropriate authority shall consult with the Nature Conservancy Council.

• (4) Every order under this section shall specify the area to which it applies, the disease to which it applies, and the one or more species to which it relates.

• (5) An order under this section providing for the destruction of wild members of one or more species in any area may make provision for authorising the use for that purpose of one or more methods of destruction that would otherwise be unlawful, but shall not do so unless the appropriate authority is satisfied that use of the method or methods in question is the most appropriate way of carrying out that destruction, having regard to all relevant considerations and, in particular, the need to avoid causing unnecessary suffering to wild members of the species in question.

• (6) An order under this section may include provision—

• (a) for ensuring that destruction of wild members of any species to which the order relates is properly and effectively carried out, and in particular for preventing persons from taking into captivity, harbouring, concealing or otherwise protecting wild members of any such species with intent to prevent their destruction, or in any other way obstructing or interfering with anything which has been, is being or is to be done or used in connection with that destruction ;

• (b) for regulating the ownership and disposal of the carcases of members of any such species destroyed in the area to which the order relates.

• (7) Before commencing the destruction of wild members of a species on any land within an area to which an order under this section applies the appropriate authority shall take all reasonable steps to inform the occupier of the land and any other person who may be there of the authority's intention to carry out that destruction and of the methods of destruction to be used; and it shall be the duty of the authority to ensure that destruction is carried out on any such land in as safe a manner as is possible in all the circumstances.

• (8) Where an order under this section is in force, the appropriate authority shall have power to take such measures (including the erection of fences or other obstacles) as the authority considers appropriate—

• (a) for preventing the movement of living creatures into or out of the area or any part of the area to which the order applies while destruction of wild members of any species to which the order relates is being carried out in the area ; and

• (b) where destruction of wild members of any such species has been or is to be carried out in any part of that area, for preventing the recolonisation of that part by members of that species for as long as the authority considers necessary to prevent reappearance among them of the disease to which the order applies.

• (9) As soon as may be after the appropriate authority is satisfied, in the case of any land, that any measures affecting that land which have been taken in connection with an order under this section are no longer necessary, the authority shall remove from the land anything placed or erected on it and shall take such other steps as are reasonably practicable to reinstate the land.

• (10) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (11) In this and the following section—

• " animals " includes horses ;

• " the appropriate authority "— in relation to any disease not mentioned in paragraph (b) of this definition, means the Minister ; in relation to brucellosis, tuberculosis, dourine or infestation with the maggot of the warble fly, means, for England and Wales, the Minister or, for Scotland, the Secretary of State ;

• " land " includes land covered with water;

• " species " means any species of bird or mammal, except man;

and references to wild members of any species in an area are references to members of the species in the area that are neither domesticated nor held in captivity.

• (12) This and the following section and the Diseases of Animals Act 1950 shall have effect as if those sections were contained in that Act; and without prejudice to the construction of references to the Minister in any provision of that Act, an order of the Secretary of State under this section shall be treated for the purposes of any such provision as an order of the Minister.

• (13) The preceding provisions of this section are without prejudice to any powers conferred on the Minister or the Secretary of State by any provisions of the Diseases of Animals Act 1950.

Powers of entry etc. in connection with s. 9

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• (1) In relation to any disease to which section 9 of this Act applies the following persons are authorised officers for the purposes of this section, namely—

• (a) an officer of the Minister or of the Secretary of State ;

• (b) a veterinary inspector; and

• (c) any person who, not being such an officer or inspector, is authorised by the Minister or the Secretary of State to exercise the powers conferred by this section.

• (2) Where an authorised officer has reasonable grounds for suspecting, in the case of any area, that there exists among the wild members of any species in the area a disease to which section 9 of this Act applies, he may enter any land in the area and—

• (a) take samples of the wild members of that species, or of their excreta, or of any materials (whether or not forming part of the land) with which wild members of that species may have been in contact;

• (b) carry out any other investigations which he considers necessary for the purpose of determining, as regards that species and that disease, whether an order under section 9 of this Act should be made in respect of the whole or part of the area in question.

• (3) An authorised officer may at any time enter any land in the area to which an order under section 9 of this Act applies for any of the following purposes, namely—

• (a) to carry out the destruction of any wild members of a species to which the order relates that may be on that land;

• (b) to take any such measures as are mentioned in subsection (8) of that section ;

• (c) to ascertain, as regards any wild members of a species to which the order relates, whether destruction has been effectively carried out.

• (4) Where in pursuance of an order under section 9 of this Act destruction of wild members of any species to which the order relates has been carried out on any land in the area to which the order applies, then, for the purpose of—

• (a) ascertaining whether the land has been or is being recolonised by wild members of that species and, if so,

• (b) whether there exists among them the disease to which the order applies (or, if the order has been revoked, to which it previously applied),

an authorised officer may enter the land and take such samples of or relating to that species as are mentioned in subsection (2)(a) above; but the powers conferred by this subsection shall not be exercisable at any time more than two years after the revocation of the order in question.

• (5) Nothing in this section shall authorise any person to enter a dwellinghouse.

• (6) A person entering any land in the exercise of powers conferred on him by this section shall, if so required by the owner or occupier or person in charge of the land—

• (a) produce to him some duly authenticated document showing his authority ; and

• (b) state in writing his reasons for entering.