Agriculture Act 1947

Section 87.

TWELFTH SCHEDULE Provisions as to schemes for adjusting Farm Boundaries of amalgamating Farms.

Advertisement of References to Commission.

1 On referring any matter to the Agricultural Land Commission (hereafter in this Schedule referred to as " the Commission ") under section eighty-seven of this Act the Minister shall publish, in such manner as appears to him best suited for bringing it to the notice of persons concerned, a notice in such form as he may determine describing the matter referred, stating that it is being referred to the Commission, and specifying a place where a map of the area to which the reference relates may be inspected at all reasonable hours.

Preparation and confirmation of schemes.

2 (1) A scheme under section eighty-seven of this Act (hereinafter in this Schedule referred to as a " scheme ") shall be in the prescribed form and shall describe by reference to a map the area to which the scheme relates and the adjustments and amalgamations intended to be secured by the scheme.

(2) The area to which a scheme relates may be the whole or any part of the area which was referred to the Commission under subsection (1) of the said section eighty-seven, and may include any land outside that area which in the opinion of the Commission ought to be dealt with in conjunction with land inside that area.

3 (1) Before submitting a final scheme for confirmation the Commission shall—

(a) in two successive weeks publish in one or more local newspapers circulating in the area to which the scheme relates a notice in the prescribed form stating that the scheme has been prepared and is about to be submitted for confirmation, naming a place within the locality where a copy of the scheme and the map referred to therein may be inspected, and specifying the time (not being less than twenty-one days from the first publication of the notice) within Which and the manner in which representations with respect to the scheme can be made to the Commission;

(b) serve on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any land in the area which in the opinion of the Commission is likely to be affected by the carrying out of the scheme a notice in the prescribed form stating the effect of the scheme and that the scheme is about to be submitted for confirmation, and specifying the time (not being less than twenty-one days from the service of the notice) within which and the manner in which representations with respect to the scheme can be made to the Commission.

4 (1) Before submitting a scheme for confirmation the Commission shall cause a public local inquiry to be held.

(2) The inquiry to be held under this paragraph shall not be held before the expiration of the time within which representations may be made under any provision of the last foregoing paragraph.

(3) Subsections (2) and (3) of section two hundred and ninety of the Local Government Act, 1933 (which relate to the giving of evidence at local inquiries) shall apply to any inquiry held in pursuance of this paragraph as they apply to inquiries held under the said section two hundred and ninety.

5 After considering any representations duly made and the report of the person by whom the inquiry was held the Commission shall submit the scheme to the Minister for confirmation, either as prepared or, subject to the provisions of paragraph 7 of this Schedule, with such modifications as appear to the Commission expedient.

6 (1) The Commission shall, at the same time as they submit the scheme to the Minister, forward to him particulars of any such representations as aforesaid and the said report, and the Minister after considering the particulars and report may by order confirm the scheme either as submitted or, subject to the provisions of the next following paragraph, with such modifications as appear to him expedient.

(2) Forthwith after the scheme has been confirmed, the Minister shall lay a copy thereof as confirmed before Parliament, and the Commission—

(a) shall publish in the manner specified in head (a) of sub-paragraph (1) of paragraph 3 of this Schedule a notice in the prescribed form stating that the scheme has been confirmed and naming a place in the area to which the scheme relates where a copy of the scheme as confirmed and the map referred to therein may be inspected;

(b) serve a like notice on any person on whom a notice was required to be served under head (b) of the said sub-paragraph (1).

7 Except with the consent of all persons interested, no modification shall be made by the Commission or the Minister under the two last foregoing paragraphs so as to include in the area to which the scheme relates any land which would not have been so included if the modification had not been made.

Coming into operation and validity of schemes.

8 (1) A final scheme shall come into operation when confirmed by order of the Minister.

(2) Part IV of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946 (which makes provision as to the validity and date of operation of compulsory purchase orders and certificates under Part III of that Schedule) shall, with such adaptations as may be prescribed, apply in relation to an order confirming a scheme.

Variation of schemes.

9 (1) Where it appears to the Commission that it is expedient to vary any final scheme which has come into operation, the Commission shall submit a report to the Minister setting out a provisional scheme for the variation thereof (in this paragraph referred to as a " varying scheme "), and if after considering the report of the Commission the Minister is of opinion that it is desirable to promote such a varying scheme, he shall direct the Commission to proceed with the preparation of a final varying scheme for submission to the Minister and confirmation by him.

(2) The foregoing provisions of this Schedule shall, with such adaptations as may be prescribed, apply in relation to varying schemes.

(3) Notwithstanding the variation of a scheme by one or more subsequent schemes, the reference in subsection (7) of section eighty-seven of this Act to the coming into operation of a scheme shall where the scheme has been varied be construed as a reference to the earliest date at which the land in question was included in the area to which the scheme, or the scheme as varied, related.