Agriculture (Miscellaneous Provisions) Act 1976

5 Measures to restrict the growing of male hop plants. E+W

(1) This section shall have effect for the purpose of facilitating the production of seedless hops.

(2) The Minister may by order bring this section into force in any area in England in which persons are engaged in growing hops if, after consultation with—

(a) such organisations as appear to him appropriate as representing persons carrying on in the area the business of producing hops; and

(b) such persons as are known to him to be carrying on that business in the area,

he is satisfied that it is reasonable to make the order.

(3) Where this section is in force in any area (“the current area") by virtue of an order under this section (“the current order"), the Minister may by order revoke or vary the current order if, after consultation with—

(a) such organisations as appear to him appropriate as representing persons carrying on in the relevant area the business of producing hops; and

(b) such persons as are known to him to be carrying on that business in the relevant area,

he is satisfied that it is reasonable to make the order.

In this subsection “the relevant area” means the current area or, if the proposed order would add any area to the current area, the area consisting of the current area and the area proposed to be added.

(4) Before making an order under this section the Minister shall publish, in such manner as he considers appropriate for informing persons likely to be affected, a notice of his intention to do so, stating—

(a) where a draft of the order may be inspected and copies obtained; and

(b) the time (not being less than twenty-eight days from the publication of the notice) within which and the manner in which objections to the proposed order can be made;

and the Minister shall, before making the order, consider any objections duly made, and, if he decides to make the order, may do so either in the form of the draft or with such modifications as he thinks fit.

(5) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) If male hop plants are growing on any land within an area where this section is in force, the Minister may serve a notice on the occupier of the land (or, in the case of unoccupied land, on the person entitled to occupy it) requiring him to take within such time as may be specified in the notice such steps for the removal, treatment or destruction of those plants as may be so specified for the purpose of preventing those plants from becoming or remaining an actual or potential cause of pollination in female hop plants in the area.

(7) If the person served with a notice under this section does not comply with any requirement in the notice, the Minister may enter and do what that person has failed to do, and may recover from him a sum equal to the reasonable cost incurred by the Minister in taking any action under this subsection.

(8) Without prejudice to the power of proceeding under the preceding subsection, a person who without reasonable excuse fails to comply with any requirement in a notice under this section shall be liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale].

(9) A person duly authorised by the Minister may, on production if so required of his authority, at all reasonable hours enter on any land (but not into any dwellinghouse) in an area where this section is in force for the purpose of ascertaining whether male hop plants are growing on the land or whether the requirements of a notice under this section relating to male hop plants on that land have been complied with.

(10) A notice under this section may be served by leaving it at, or sending it by post addressed to, the last known address of the person on whom it is to be served, and if it is not practicable after reasonable inquiry to ascertain his name and address, the notice may be served by addressing it to him as “the occupier” of the land and affixing it or a copy of it to some conspicuous object on the land.

(11) A person who intentionally obstructs a person acting in the exercise of powers conferred by subsection (7) or subsection (9) above shall be liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale].

Textual Amendments

F1 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46