Agriculture Act 1967

36 Supplemental provisions as to grants under Part II and application of capital on works thereunder.

(1) Regulations under this section may confer on a person eligible for grant under section 26 or section 30 of this Act the amount of which depends on the cost of carrying out works of some kind, or on some other cost, the right to elect to take that cost for the purposes of the grant as being of such standard amount as may be determined by or under the regulations.

(2) Regulations under this section or a scheme under section 26 of this Act may prescribe tests by which expenditure or cost not otherwise qualifying for grant may be regarded, for the purposes of section 26 or section 30 of this Act, and of subsection (1) above, as being partly expenditure qualifying for grant, and partly not, and authorise the making of grant in accordance with the regulations or scheme in respect of the part to be so regarded as qualifying for grant.

(3) Regulations under this section may provide that where grant is payable under section 26 or section 30 of this Act in respect of a cattle-grid to be provided in pursuance of Part V of the [1959 c. 25.] Highways Act 1959 or the [1950 c. 24.] Highways (Provision of Cattle-Grids) Act 1950, grant shall be payable to a person making a contribution to the cost of providing the cattle-grid, instead of the authority providing the cattle-grid, and the regulations may provide for adjustment of the amount so paid where any part of the contribution becomes repayable.

(4) Regulations under this section may also provide for the adjustment, where any contribution in respect of the provision of a cattle-grid becomes repayable in whole or in part, of any amount paid in respect of the contribution by way of grant under section 31 of this Act.

(5) The provisions of the [1925 c. 18.] Settled Land Act 1925 relating to improvements authorised by that Act (including those provisions as extended to trusts for sale by section 28 of the [1925 c. 20.] Law of Property Act 1925) shall, if it is so provided by regulations under this section, have effect as if works of any description specified in the regulations, being works of a kind mentioned in Schedule 4 to this Act or prescribed by a scheme under section 26 above, were included in Schedule 3 to that Act (which sets out the improvements so authorised, distinguishing in Parts I, II and III between improvements the costs of which are not liable to be replaced, may be required to be replaced, and must be required to be replaced) and were contained in the Part thereof specified in the regulations.

(6) In the application of subsection (5) above to Northern Ireland—

(a) for any reference to the Settled Land Act 1925 and to Schedule 3 to that Act there shall be substituted references to the [1882 c. 38.] Settled Land Act 1882 and to section 25 of that Act, respectively;

(b) the words from " (including those provisions " to " Law of Property Act 1925) " and from " distinguishing in " onwards shall be omitted.

(7) Regulations under this section—

(a) shall be made by the appropriate Minister, and 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

(b) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.