Agriculture Act 1947

12 Power of Minister to supervise estate management and husbandry.

(1) Where the Minister of Agriculture and Fisheries (hereafter in this Act referred to as " the Minister ") is satisfied that the owner of agricultural land is not fulfilling his responsibilities to manage the land in accordance with the rules of good estate management, or that the occupier of an agricultural unit is not fulfilling his responsibilities to farm the unit in accordance with the rules of good husbandry, the Minister, after affording to the owner or occupier, as the case may be, an opportunity of making representations to the Minister, whether in writing or on being heard by a person appointed by the Minister, may by order (hereafter in this Part of this Act referred to as a " supervision order ") place the owner under the Minister's supervision so far as relates to his management of the land, or the occupier under the Minister's supervision so far as relates to his farming of the unit, as the case may be; and while such an order is in force—

(a) any person authorised by the Minister in that behalf may at all reasonable times enter upon the land to which the order relates for the purpose of inspecting the way in which it is being managed or farmed, as the case may be ;

(b) the Minister shall have the powers of direction and dispossession conferred by the following provisions of this Part of this Act.

For the avoidance of doubt it is hereby declared that the fact that a person is both the occupier of the unit and also the owner of the unit or part thereof does not prevent the making of orders under this subsection placing him under supervision both in relation to farming and in relation to management.

(2) While a supervision order is in force, the Minister shall from time to time review the management (if the order relates to management) or the farming (if the order relates to farming) of the land or agricultural unit to which the order relates, and—

(a) a review shall be held under this subsection as soon as may be after the expiration of twelve months from the coming into operation of the order, and, where one or more reviews have already been held under this subsection in relation to the order, such a review shall be held as soon as may be after the expiration of twelve months from the previous or last such review;

(b) a review under this subsection shall be held after affording to the person to whom the order relates an opportunity of making representations to the Minister, whether in writing or on being heard by a person appointed by the Minister.

(3) Where a supervision order is in force and the Minister is satisfied that by reason of the standard of management or husbandry, as the case may be, attained by the person to whom the order relates it is no longer necessary that the order should continue in force, the Minister shall revoke the order:

Provided that the revocation of the order shall not affect any direction given thereunder in so far as it is in force immediately before the revocation of the order.

(4) Forthwith after the making of a supervision order the Minister shall serve a copy of the order on the person to whom it relates, and forthwith after the revocation of such an order the Minister shall serve notice of the revocation on the person to whom the order related.

(5) Where the owner of land is not also the occupier thereof—

(a) an opportunity of making representations to the Minister shall be afforded under subsection (1) or (2) of this section both to the owner and to the occupier, and not only to the person for whose supervision the Minister is considering making the order or the person to whom the order relates, as the case may be;

(b) any service of a copy of an order or of a notice required by the last foregoing subsection shall be effected both on the owner and on the occupier, and not only on the person to whom the order relates or related.

(6) Forthwith after the making of a supervision order it shall be registered, in the manner provided for under paragraph (b) of this subsection, in the register of local land charges by the proper officer of the council of each county borough or county district in which the land to which the order relates or any part thereof is situated, or, if that land or any part thereof is situated in the administrative county of London, by the proper officer of the London County Council; and—

(a) it shall be the duty of the Minister forthwith after a supervision order has been made to notify that fact to the proper officer of any council by whom the order is required to be registered as aforesaid and to furnish to him all information relating to the order requisite in that behalf;

(b) the power conferred by subsection (6) of section fifteen of the [15 & 16 Geo. 5. c. 22.] Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the provisions of this subsection.

(7) If while a supervision order is in force in relation to the farming of an agricultural unit additional land becomes comprised in the unit, the supervision order shall by virtue of this subsection extend to the farming of that additional land, and references in this Act to the coming into operation of the order shall be construed as references to the date at which the order originally came into operation as well in relation to the additional land as in relation to any other land to which the order relates:

Provided that nothing in this subsection shall be construed as imposing on any person any liability with respect to the additional land at a date before it became part of the said agricultural unit.