Agriculture Act 1967

40 Interpretation of Part II. U.K.

(1) In this Part of this Act, except where the context otherwise requires—

• “amalgamation” and “boundary adjustment” have the meanings given by section 26 of this Act;

• “exchange” in relation to land in Scotland means excambion;

• “prescribed”, in relation to the contents of a scheme, means prescribed by the scheme.

(2) In this Part of this Act—

(a) “commercial unit” means an agricultural unit which in the opinion of the appropriate Minister is capable, when farmed under reasonably skilled management, of providing full-time employment for an individual occupying it and for at least one other man (or full-time employment for an individual occupying it and employment for members of his family or other persons equivalent to full-time employment for one man);

(b) “intermediate unit” means an agricultural unit which, in the opinion of the appropriate Minister, is capable, when farmed under reasonably skilled management, of providing full-time employment for an individual occupying it.

In this subsection “full-time employment” shall be construed in accordance with any provisions defining that expression in any scheme made under section 26 of this Act.

(3) In this Part of this Act “uncommercial unit” shall be construed by reference to the definition of commercial unit, except that, where the appropriate Minister so directs, it may be treated as referring to the relevant agricultural unit exclusive of any one dwelling house of the unit [F1 or of an area sufficient to provide a site for one dwelling house] and, if the Minister so directs, exclusive of any small portion of land to be occupied with that dwelling house.

(4) Where any agricultural land in Scotland consists of or includes a croft or holding, for the purposes—

(a) of determining under the preceding provisions of this section whether an agricultural unit formed by that land is commercial, intermediate or uncommercial, and

(b) of calculating under section 27(2)(c) of this Act the income derived from the land,

the land shall be taken to include any right in pasture or grazing land held by the tenant or landholder whether alone or in common with others and deemed to form part of the croft or holding.

In this subsection “croft” and “holding” have the meanings ascribed to them by the M1 Crofters (Scotland) Act 1955 and the Small Landholders (Scotland) Acts 1886 to 1931 respectively.

Textual Amendments

F1 Words inserted by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 9(6)

Marginal Citations

M1 1955 c. 21.