Agriculture Act 1970

35 Termination of grants under Hill Farming Act 1946 s. 1

(1) The Minister may by order specify a date (hereafter in this section referred to as " the terminal date "), not being earlier than 5th November 1973, after which no payment shall be made under section 1(1) of the [1946 c. 73.] Hill Farming Act 1946 except in pursuance of a claim made on or before the terminal date in respect of work done before the making of the claim, being a claim made in such form and manner and containing such particulars as the Minister may from time to time direct.

(2) Without prejudice to section 2(3) of the said Act of 1946 or subsection (3)(b) of this section, a grant under section 1(1) of that Act may be paid in pursuance of a claim made as aforesaid in respect of any work done not later than the terminal date which is required for making an improvement proposed by a scheme approved under the said section 1(1) whether or not the improvement is completed on or before the terminal date.

(3) Where a scheme approved under the said section 1(1) is not completed on or before the terminal date—

(a) the scheme is hereby revoked as from immediately after the terminal date ; and

(b) section 6 of the said Act of 1946 (which relates to the power of the Minister in certain circumstances to revoke a scheme approved, or to recover the whole or part of any payments made by way of grant, under the said section 1(1)) shall cease to apply to that scheme, but, subject to paragraph (c) of this subsection, the Minister may on demand recover an amount equal to any payment made by way of grant under the said section 1(1)—

(i) if or so far as the payment was in respect of any work done under the scheme which has been badly done; or

(ii) if, otherwise than in such circumstances as may be prescribed, the total cost of all work done under the scheme on or before the terminal date is excessive in relation to the agricultural benefit which is likely to be derived from that work ; or

(iii) except in such circumstances as may be prescribed, if or so far as the payment was in respect of work required for making an improvement under the scheme and that improvement is not completed on or before the terminal date ;

(c) before making a demand under paragraph (b) of this subsection on the recipient of any payment by way of grant under the said section 1(1), the Minister—

(i) shall give to that recipient a written notification that he proposes to make the demand and of the reason therefor; and

(ii) shall accord to that recipient an opportunity of appearing before and being heard by a person appointed for the purpose by the Minister; and

(iii) shall consider the report by any person so appointed and supply a copy of that report to that recipient.

(4) In this section—

(a) the expression " the Minister " means the appropriate Minister for the purposes of the [1946 c. 73.] Hill Farming Act 1946;

(b) the expression " prescribed " means prescribed by the Minister by order, whether or not the same order as one made for the purposes of subsection (1) of this section.

(5) Any order under this section shall be made by statutory instrument and—

(a) may include such incidental, supplemental or transitional provision as appears to the Minister to be necessary or expedient;

(b) may be varied or revoked by a subsequent order under this section; and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.