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Agriculture (Miscellaneous Provisions) Act 1963

1963 CHAPTER 11

An Act to make further provision as to grants and contributions for agricultural and certain horticultural purposes and otherwise to amend the law relating to agriculture, agricultural produce and agricultural land; to provide for the purchase by the Sugar Board of sugar from the Republic of Ireland; to make new provision as to the charging of certain fees; and for purposes connected with those matters.

[15th May 1963]

Modifications etc. (not altering text)

C1Act extended by S.I. 1972/971, art. 4, Sch. 1

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

2, 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

Textual Amendments

4, 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

6, 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

Textual Amendments

8 Grants to bodies promoting co-operation in agriculture and horticulture.E+W

The Minister may, in such manner and subject to such conditions as he may determine, make grants to bodies of persons in England and Wales whose object or main object is the organisation, promotion or development of co-operation in agriculture or horticulture (including any activities carried on in connection therewith) or of co-operation in the marketing of agricultural or horticultural produce.

9, 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5U.K.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

12 Supplementary provisions as to schemes under two preceding sections.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

13—14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S

Textual Amendments

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S

16 Fees E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(2)So long as any powers under the Tithe Acts 1836 to 1925 are exercisable, by virtue of section 30 of the Tithe M1Act 1936 and an Order in Council under section 11 of the Tithe M2Act 1951, by the Commissioners of Inland Revenue, those Commissioners may by order made with the approval of the Treasury prescribe fees to be paid with respect to such business transacted or to be transacted by them under those powers as may be specified in the order.

(3)Where an order under [F11the preceding subsection] provides for the payment of a fee before the transaction of the business with respect to which it is payable and the business is not transacted or not wholly transacted, . . .. . . F12 the Commissioners of Inland Revenue, may, if . . .. . . F12 they think fit, repay the whole or part of the fee.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(5)Any power conferred by this section to make an order shall be exercisable by statutory instrument and shall include power to vary or revoke any such order by a subsequent order; and any statutory instrument containing such an order. . . F14shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

(6)Where an order under this section provides for any fee to be paid on the making of an application in a case where previously a fee was payable only if the application was granted, then, as respects anything done in pursuance of an application made before the coming into operation of the order, the same fee shall be payable as before the coming into operation of the order and shall be so payable at the time at which it would then have been payable.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(8)Any fee payable by virtue of an enactment repealed by this Act with respect to any business with respect to which an order may be made under . . .. . . F16 subsection (2) of this section shall, until the coming into operation of such an order with respect to that business, be payable as if this Act had not been passed.

Textual Amendments

Modifications etc. (not altering text)

C2Certain functions of Minister of Agriculture, Fisheries and Food under s. 16 now exercisable (W.) by Secretary of State: S.I. 1978/272, art. 2, Sch. 1

Marginal Citations

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

19 F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

20 Extension of time limits in arbitration proceedings relating to agricultural holdings.E+W+S

The periods specified respectively by—

(a)[F20paragraph (6) of Schedule 6 to the M3Agricultural Holdings Act 1948 and] paragraph 5 of Schedule 6 to the M4Agricultural Holdings (Scotland) Act 1949;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

as the period within which the parties to an arbitration are to deliver statements of their cases. . . F22shall each be extended by fourteen days;. . .

21 Amendment of rules as to valuation of sheep stocks in Scotland.S

(1)In Schedule 2 to the M5Hill Farming Act 1946 (which Schedule contains provisions as to the valuation of sheep stocks in Scotland where such stock is to be taken over at the termination of the tenancy of an agricultural holding by the landlord or the incoming tenant, and for the purposes of any such valuation provides for the adjustment of certain prices and values within limits specified in the Schedule and for the addition to certain other values of amounts so specified) the said limits and amounts shall, instead of being expressed as sums of money, be expressed as percentages,

and accordingly—

(a)in paragraph 5 of Part I of the said Schedule, for the words “ten shillings” there shall be substituted the words “twenty per cent.”;

(b)in head (a) of paragraph 6 of the said Part I, for the words “fifteen shillings” there shall be substituted the words “thirty per cent. of such value”;

(c)in head (c) of the said paragraph 6, for the words “five shillings” there shall be substituted the words “ten per cent.”;

(d)in paragraph 2 of Part II of the said Schedule, for the words “five shillings” there shall be substituted the words “ten per cent.”;

(e)in head (a) of paragraph 3 of the said Part II, for the words “fifteen shillings” there shall be substituted the words “thirty per cent. of such value”;

(f)in head (b) of the said paragraph 3, for the words “five shillings” there shall be substituted the words “ten per cent.”;

(2)The foregoing subsection shall not apply for the purposes of a valuation made in respect of a lease entered into before the commencement of this Act.

(3)This section shall be construed as one with the Sheep Stocks Valuation (Scotland) Acts 1937 and 1946 and may be cited with those Acts as the Sheep Stocks Valuation (Scotland) Acts 1937 to 1963.

Modifications etc. (not altering text)

C3The text of s. 21(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

[F2322 Allowances to persons displaced from agricultural land.U.K.

(1)Where any interest in land is compulsorily acquired in pursuance of a notice to treat served after 31st October 1962 or is sold by agreement, in pursuance of a contract made after that date, to an authority possessing compulsory purchase powers, and

(a)the land is used for the purposes of agriculture (within the meaning of the [F24Agricultural Holdings Act 1986]) and is so used by way of a trade or business; and

(b)the person carrying on the trade or business is displaced from the land;

the acquiring authority may pay to him such reasonable allowance as they think fit towards his removal expenses and the loss which, in their opinion, he will sustain by reason of the resulting disturbance of his trade or business.

(2)In estimating that loss the authority shall have regard to the period for which the land might reasonably have been expected to be available for the purpose of the trade or business, and to the availability of other land suitable for that purpose.

(3)The preceding provisions of this section shall have effect without prejudice to the operation of any other enactment authorising the making of payments to persons displaced from any land.

(4)Section 39 of the M6Land Compensation Act 1961 (which makes provision as to the interpretation of that Act) shall apply in relation to the preceding provisions of this section as if they were contained in that Act.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(6)In the application of this section to Northern Ireland—

(a)authority possessing compulsory purchase powers” means, in relation to any interest, any person or body of persons who, by or under any enactment of the Parliament of the United Kingdom, have been authorised to acquire the interest compulsorily or could have been so authorised for the purposes for which it was acquired, but with respect to whom the Parliament of Northern Ireland has no power to make laws corresponding to this section;

(b)enactment” in subsection (3) includes any enactment of the Parliament of Northern Ireland; and

(c)subject to the preceding provisions of this subsection, subsections (1) to (4) of this section shall be construed as they are construed in their application to England and Wales, notwithstanding that the [F24Agricultural Holdings Act 1986]) and the Land Compensation Act 1961 do not extend to Northern Ireland.]

23 Cold and chemical storage of eggs.E+W+S

(1)For the purposes of section 4 of the M7Agricultural Produce (Grading and Marking) Act 1928 (which regulates the cold and chemical storage of eggs)—

(a)eggs shall not be treated as being kept in cold storage in any premises unless the temperature at which they are kept there is artificially reduced to below fifty degrees Fahrenheit;

(b)premises shall not be treated as being used by way of trade or for purposes of gain for the cold storage of eggs by reason only that eggs intended to be sold in the course of a retail trade carried on there are kept there in cold storage in the ordinary course of that trade.

(2)In subsection (2) of the said section 4 the following shall be substituted for paragraph (b):—

(b)it shall not be lawful to cause British eggs to be placed in cold storage or chemical storage in any registered premises unless notice in writing containing the prescribed particulars is given at or before the time of the placing to the council by which the premises are registered, and either—

(i)the eggs are marked in the prescribed manner; or

(ii)the eggs are not intended for sale by retail in shell and are kept in a container which is marked in the prescribed manner;

and if any person contravenes or fails to comply with the provisions of this paragraph he shall be guilty of an offence under this section:

(ba)where British eggs have been placed in cold storage or chemical storage in any registered premises without being marked in the prescribed manner it shall not be lawful to cause them to be removed from those premises unless not less than forty-eight hours’ notice in writing containing the prescribed particulars has been given to the council by which the premises are registered, and either—

(i)the eggs are marked in the prescribed manner; or

(ii)the eggs are kept in a container marked in the prescribed manner and such evidence has been furnished to that council as is reasonably sufficient to satisfy the council that they are not intended for sale by retail in shell;

and if any person contravenes or fails to comply with the provisions of this paragraph he shall be guilty of an offence under this section:

(bb)the occupier of any registered premises and any person who causes British eggs to be placed in cold storage or chemical storage in such premises shall keep the prescribed records and permit any duly authorised officer of the council of the county or county borough to inspect those records at all reasonable times; and if any person fails to comply with the provisions of this paragraph he shall be guilty of an offence under this section

(3)This section shall not come into operation until such day as the Ministers may by order made by statutory instrument appoint.

Modifications etc. (not altering text)

C41.6.1965 appointed under s. 23(3) by S.I. 1965/999

Marginal Citations

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26U.K.

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27U.K.

26 Provisions as to schemes, and meaning of “the appropriate Minister” in relation to schemes.U.K.

A scheme under this Act may be a separate scheme for England and Wales, or for Scotland, or for Northern Ireland, or a joint scheme for the United Kingdom, or for Great Britain, or for England and Wales and Northern Ireland or for Scotland and Northern Ireland; and in this Act “the appropriate Minister” means—

(a)in relation to a separate scheme for England and Wales or for Northern Ireland or a joint scheme for those countries, the Minister of Agriculture, Fisheries and Food;

(b)in relation to [F28any joint scheme for Great Britain or the United Kingdom, the Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland and the Secretary of State for Wales acting jointly, and in relation to a joint scheme for Northern Ireland and Scotland], the said Minister and the Secretary of State acting jointly; and

(c)in relation to a separate scheme for Scotland, the Secretary of State.

Textual Amendments

F28Words substituted by S.I. 1978/272, Sch. 5 para. 8(b)

27 Expenses.U.K.

There shall be paid out of moneys provided by Parliament—

(a)any grant, contribution, compensation or allowance payable by a Minister of the Crown by virtue of this Act . . .. . . F29;

(b)any expenses incurred by the Minister under section 15 of this Act;

(c)any expenses of administration incurred by a Minister of the Crown by virtue of this Act; and

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

Textual Amendments

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30U.K.

29 Short title, interpretation and extent.U.K.

(1)This Act may be cited as the Agriculture (Miscellaneous Provisions) Act 1963.

(2)In this Act “the Minister”, except in section 5, means the Minister of Agriculture, Fisheries and Food, and “the Ministers” means the Minister and the Secretary of State acting jointly.

(3)Sections 8, 16(2),. . . F31 and 19 of this Act do not extend to Scotland, and section 21 of this Act extends to Scotland only.

(4)The following provisions of this Act do not extend to Northern Ireland, that is to say, subsections (2) to (5) and (8) of section 5, and sections 8, 13 to 17, . . .. . . F31 19, 20, 21 and 23.

Textual Amendments

F32F32SCHEDULEU.K.

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