Agriculture and Horticulture Act 1964

Part II U.K. Further Grants for Horticultural Improvements

Extension of system of grants under Part I of Horticulture Act 1960 U.K.

2 Grants for improving efficiency of small production businesses. U.K.

(1) The appropriate Minister may with the approval of the Treasury make a scheme containing provision for the making by him of a grant in connection with the carrying out by any person of a programme designed to increase the efficiency of a small horticultural production business and submitted to and approved by that Minister in accordance with the scheme.

(2) A scheme under this section (hereinafter referred to as “a scheme”) may—

(a) provide for the payment of grants by instalments over such period as is specified in the scheme;

(b) make the payment of grants, or of instalments of grants, subject to compliance with such conditions, whether as to the capacity of the business (determined in accordance with the scheme), the security of tenure of land on which the business is carried on, the period within which or the manner in which the programme or any part thereof is to be carried out, or any other matter, as are specified in or under the scheme;

(c) provide for a programme approved by the appropriate Minister under the scheme to be modified from time to time with his approval, and thereafter to have effect for the purposes of the scheme as so modified;

(d) contain such incidental and supplemental provisions as appear to the appropriate Minister expedient for the purposes of the scheme.

(3) Subject to subsection (4) below, where the appropriate Minister has approved a programme for the purposes of a scheme he may revoke the approval if, at any time before the carrying out of the programme is completed, it appears to him—

(a) that the business has ceased to be carried on or has ceased to be a small horticultural production business; or

(b) that any condition imposed in connection with the payment of a grant or instalments thereof under this section in relation to the programme has not been, or will not be, complied with; or

(c) that in connection with an application for approval of the programme or of any modification of the programme the applicant gave information on any matter which was false or misleading in a material respect;

and if before the revocation any payment is made by way of grant under the scheme in respect of the programme, the appropriate Minister may recover the payment or so much thereof as he may think fit.

(4) Before revoking an approval under subsection (3) above the appropriate Minister—

(a) shall give to any person to whom any payment by way of grant in relation to the programme would be payable, or from whom any such payment would be recoverable, a written notification of the reasons for the proposed revocation; and

(b) shall accord to each such person an opportunity, either in person or by counsel, solicitor or agent, of appearing before and being heard by a person appointed for the purpose by that Minister; and

(c) shall consider the report of a person so appointed and supply a copy of the report to each person who was entitled to appear before the person submitting it.

(5) A scheme may be made for England and Wales, for Scotland, for Northern Ireland or for any two or all of those parts of the United Kingdom jointly, and may be varied or revoked by a subsequent scheme.

(6) In this section “small horticultural production business” means, in relation to any scheme, a horticultural production business which is conducted on land not exceeding in extent such area as is specified in that behalf in the scheme, and which satisfies such other requirements (whether as to minimum area or otherwise) as may be so specified:

Provided that a horticultural production business shall not, so far as concerns a programme relating to the business submitted at any time for approval under a scheme, be treated as ceasing to be a small horticultural production business by reason only of any increase after that time in the area of the land on which the business is conducted.

Modifications etc. (not altering text)

C1 Functions of Minister of Agriculture, Fisheries and Food under s. 2 now exercisable by that Minister and Secretary of State jointly (W.): S.I. 1969/388

C2 S. 2 (3) excluded by Agriculture Act 1967 (c. 22), s. 26 (11) (c)

3 F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 3 repealed by Agriculture Act 1970 (c. 40), ss. 29 (6), 113 (3), Sch. 5 Pt. I

4—6. F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Ss. 4–6 repealed by Agriculture Act 1967 (c. 22), s. 61(8), Sch. 7

7 Aggregate amount of grants, and time for application therefor. U.K.

(1) The aggregate amount of the grants under the provisions of sections 1 and 4 of the M1 Horticulture Act 1960 and sections 2 to 5 above shall not exceed [F3 £42 million] or, if the Minister and the Secretary of State acting jointly (in this Act referred to as “the Ministers”) by order made with the approval of the Treasury so direct, [F3 £47 million]

(2) No grant shall be payable under any of the said provisions unless the application therefor was made, or, in the case of a grant in respect of the carrying out of an approved programme, the programme was submitted to the appropriate Minister for his approval, before the expiration of ten years from the commencement of this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F3 Words substituted by Agriculture Act 1970 (c. 40), s. 31(2)

F4 S. 7(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. XI

Marginal Citations

M1 1960 c. 22

8 Construction of sections 2 to 7. U.K.

Sections 2 to 7 above shall be construed as one with Part I of the Horticulture Act 1960.

Other grants U.K.

9 Grants towards fulfilling guarantees of bank loans. U.K.

(1) The Minister may, in such manner and subject to such conditions as he may with the approval of the Treasury determine make a grant to any person in respect of expenditure incurred by that person in fulfilling a guarantee given by him during the period of five years beginning on 1st April 1964, as security for a loan made in the course of a banking business to a person requiring the loan for the purposes of a horticulture business carried on by him.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4) In this section—

• “horticulture business” means either—

  (a)

  a horticultural production business as defined by section 8(2) of the M2 Horticulture Act 1960, or

  (b)

  a horticultural producers’ marketing business as defined by section 8(3) and (4) of that Act,

  but in the application of the said section 8(4) for the purposes of this definition “the appropriate Minister” shall in all cases mean the Minister;

• “year” means a period of twelve months beginning on 1st April.

Textual Amendments

F5 S. 9(2)(3) repealed by Agriculture Act 1967 (c. 22), Sch. 7

Modifications etc. (not altering text)

C3 S. 9 excluded by Agriculture Act 1967 (c. 22), s. 64 (1)

Marginal Citations

M2 1960 c. 22.

10 Grants for wholesale markets of national importance. U.K.

(1) The appropriate Minister may, with the approval of the Treasury and in such manner and subject to such conditions as he may with that approval determine, make a grant of an amount not exceeding one-third of the amount of expenditure reasonably incurred by any person in, or in connection with, the provision, reconstruction or extension of a market for the sale of horticultural produce by wholesale, being a market which, having regard to the volume of business transacted or expected to be transacted therein, appears to the Ministers to be, or to be likely to become, of major importance in the national system of distribution of horticultural produce.

(2) As respects the making in relation to a market of a grant to a local authority under this section—

(a) where expenditure in, or in connection with, the provision, reconstruction or extension of the market is reasonably incurred by the authority in the execution of works on land neither purchased by the authority (whether compulsorily or by agreement) for the purpose of the market nor previously used by the authority for that purpose, the authority shall be treated as having incurred in the acquisition of the land for that purpose expenditure equal to an amount calculated as follows, that is to say—

(i) where the land was appropriated by the authority for the purpose of the market, the amount shall be equal to such amount as, on the adjustment of the accounts of the authority following the appropriation, was treated as being the then value of the land, or

(ii) where the land became vested in the authority under any enactment as the direct or indirect successor to another local authority by whom the land was purchased (whether compulsorily or by agreement) for the purpose of the market or was appropriated for that purpose, the amount shall be equal to the expenditure incurred by that authority in carrying out the purchase or, as the case may be, to such amount as, on the adjustment of the accounts of that authority following the appropriation, was treated as being the then value of the land;

(b) a condition imposed under subsection (1) above may require the local authority to establish a reserve fund for the market, to pay into the fund such receipts from the market as may be specified by the condition, and to administer the fund in such manner, and apply it towards meeting such expenditure, as may be so specified; and notwithstanding any enactment the authority shall have power to comply with the condition.

(3) For the purposes of this section, expenditure in relation to a market which in part is used or intended to be used for or in connection with transactions other than the sale by wholesale of horticultural produce shall be treated as reduced by an amount equal to so much thereof as is referable to that use or intended use.

(4) No payment by way of grant under this section shall be made after the end of the period of ten years beginning with the commencement of this Act except in relation to a market the provision, reconstruction or extension of which is completed before the end of that period in accordance with any conditions imposed by the appropriate Minister in making the grant; and where before the end of that period any such payment is made in relation to a market the provision, reconstruction or extension of which is not so completed, that Minister may recover the payment or so much thereof as he may think fit.

(5) The aggregate amount of grants under this section shall not exceed twenty million pounds.

(6) The Ministers may by order made by statutory instrument with the approval of the Treasury—

(a) extend the period mentioned in subsection (4) above by not more than two years;

(b) increase the aggregate amount mentioned in subsection (5) above by not more than five million pounds;

but an order under this subsection shall be of no effect unless approved by resolution of the Commons House of Parliament.

(7) In this section—

• “the appropriate Minister” means the Minister in relation to a market in England or Wales or Northern Ireland and the Secretary of State in relation to a market in Scotland;

• “horticultural produce” means—

  (a)

  fresh fruit, dried fruit, frozen fruit and fruit preserved in airtight containers;

  (b)

  fresh vegetables, dried vegetables, frozen vegetables and vegetables preserved in airtight containers;

  (c)

  fresh herbs and dried herbs;

  (d)

  fresh edible fungi, dried edible fungi and edible fungi preserved in airtight containers;

  (e)

  nuts;

  (f)

  cut flowers;

  (g)

  dried flowers;

  (h)

  decorative foliage;

  (i)

  Christmas trees;

  (j)

  pot plants, bedding plants and herbaceous plants:

  (k)

  shrubs and flowering trees;

  (l)

  fruit trees, fruit bushes and fruit plants; and

  (m)

  seeds, bulbs, corms, tubers and seed potatoes.