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)

C1 Act extended by S.I. 1972/971, art. 4, Sch. 1

Commencement Information

I1 Act wholly in force at Royal Assent

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 1 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II

2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 2, 3, 6, 7 repealed by Agriculture Act 1967 (c. 22), s. 61(8), Sch. 7

4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 Ss. 4, 5, 9, 10, 12 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II

6, 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 Ss. 2, 3, 6, 7 repealed by Agriculture Act 1967 (c. 22), s. 61(8), Sch. 7

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 Ss. 4, 5, 9, 10, 12 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 S. 11 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII

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

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

Textual Amendments

F7 Ss. 4, 5, 9, 10, 12 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II

13—14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 Ss. 13, 14 repealed by Animal Health Act 1981 (c. 22), Sch. 6

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 S. 15 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. III

16 Fees E+W+S

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 16 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 3

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

Textual Amendments

F11 S. 17 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), s. 8(2), Sch. 6

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 U.K.

Textual Amendments

F12 S. 18 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII

19 F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 19 repealed with saving by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 14, Sch. 2

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

The periods specified respectively by—

(a) [F14 paragraph (6) of Schedule 6 to the M1 Agricultural Holdings Act 1948 and] paragraph 5 of Schedule 6 to the M2 Agricultural Holdings (Scotland) Act 1949;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

as the period within which the parties to an arbitration are to deliver statements of their cases. . . F16 shall each be extended by fourteen days;. . .

Textual Amendments

F14 Words repealed (E.W.) by Agricultural Holdings Act 1984 (c. 41), s. 10(4), Sch. 4

F15 S. 20 (b) repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. I

F16 Words repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. I

Marginal Citations

M1 1948 c. 63.

M2 1949 c. 75.

F17 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F17 S. 21 repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3

[F18 22 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

[F19 (a) the land—

(i) is used for the purposes of agriculture (within the meaning of the Agricultural Tenancies Act 1995) and is so used by way of a trade or business, or

(ii) is not so used but is comprised in a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995) and used for the purposes of a trade or business,]

(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 M3 Land 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(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 [F21 the Agricultural Tenancies Act 1995]) and the Land Compensation Act 1961 do not extend to Northern Ireland.]

Textual Amendments

F18 S. 22 repealed (S.) by Land Compensation (Scotland) Act 1963 (c. 51), Sch. 4

F19 S. 22(1)(a) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 21(2) (with s. 37).

F20 S. 22(5) repealed by Land Compensation (Scotland) Act 1963 (c. 51), Sch. 4

F21 Words in s. 22(6)(c) substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 21(3) (with s. 37).

Marginal Citations

M3 1961 c. 33.

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

(1) For the purposes of section 4 of the M4 Agricultural 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) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 S. 23(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

Marginal Citations

M4 1928 c. 19.

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 U.K.

Textual Amendments

F23 S. 24 repealed by Plant Varieties and Seeds Act 1964 (c. 14), s. 31, Sch. 6 and Seeds Act (Northern Ireland) 1965 (c. 22), Sch.

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 U.K.

Textual Amendments

F24 S. 25 repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. II

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

F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 S. 26 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

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 . . .. . . F26 ;

(b) F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F26 Words repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F27 S. 27(b) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 U.K.

Textual Amendments

F28 S. 28, Sch. repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII

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”F29 ... means the Minister of Agriculture, Fisheries and Food, F30 ......

(3) Sections 8, F31 .... . . F32 and F31 ... of this Act do not extend to Scotland, ... F33 ...

(4) The following provisions of this Act do not extend to Northern Ireland, that is to say, F34 ... sections 8, F34 ... . . .. . . F32 F34 ... 20, 21 and 23.

Textual Amendments

F29 Words in s. 29(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1, Pt. 6 Group 3

F30 Words in s. 29(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

F31 Words in s. 29(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1, Pt. 6 Group 3

F32 Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII

F33 Words in s. 29(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

F34 Words in s. 29(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 3

F35 F35 SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 S. 28, Sch. repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII