Agriculture (Miscellaneous Provisions) Act 1968

Part V U.K. Miscellaneous and General

Payments in respect of bacon, break crops and water supply U.K.

38–40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 38–40 repealed by Statute Law (Repeals) Act 1986 (c.12), s. 1(1), Sch. 1 Pt II

41 Grants towards cost of water supply to agricultural buildings. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F2 S. 41 (1) repealed with saving by Agriculture Act 1970 (c. 40) , s. 113(3), Sch. 5 Pt. I

F3 S. 41 (2) repealed by Agriculture Act 1970 (c. 40), s. 113(3), Sch. 5 Pt. I

Miscellaneous U.K.

[F4 42 Compensation in connection with compulsory acquisition etc. of agricultural holdings. E+W+S

(1) Subject to the following provisions of this section, where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority acquire the interest in an agricultural holding or any part of it of the tenant of the holding or take possession of such a holding or any part of it, the compensation payable by the authority to the tenant in connection with the acquisition or taking of possession shall be assessed without regard to the tenant’s prospects, if any, of remaining in possession of the holding after the relevant date.

(2) In subsection (1) of this section “the relevant date” means the earliest date on which, apart from the acquisition or taking of possession, the landlord could obtain possession of the holding in pursuance of such a notice to quit as is mentioned in paragraph (c) below if—

(a) the tenant exercised any tenant’s option to extend or renew the tenancy in any case where, apart from this section, he would benefit from doing so; and

(b) the landlord disregarded any provision in the contract of tenancy or lease enabling him to resume possession of the holding or to determine the tenancy by notice before the date fixed for the expiration of its term or before the termination of the stipulated endurance of the lease; and

(c) the landlord served a valid notice to quit on the tenant in respect of the holding on the date of service of notice to treat in respect of the acquisition or the date of the taking of possession, as the case may be, or as soon thereafter as he became entitled to serve such a notice to quit; and

(d) the provisions of section 24 of the principal Act or section 25 of the principal Scottish Act (which restrict the operation of notices to quit) did not apply to the said notice to quit;

and for the purposes of this subsection any such notice as is mentioned in section 3(1) of the principal Act (which refers to notices of intention to terminate the tenancy of an agricultural holding granted for a term of two years or upwards) shall be deemed to be a notice to quit.

(3) Subsection (1) of this section shall not apply to such an acquisition or taking of possession as is there mentioned—

(a) in the case of such an acquisition, unless the date on which notice to treat in respect of the interest to be acquired is served or treated as served on the tenant by the acquiring authority is after the date of the passing of this Act;

(b) where in the case of such a taking of possession prior notice of the taking of possession is by virtue of any enactment required to be served on the tenant by the acquiring authority, unless the date on which the notice is so served is after the date of the passing of this Act.

(4) Section 17 of this Act shall have effect as if any reference to Part II of this Act, other than the reference in subsection (4), included a reference to the foregoing provisions of this section.

(5) Nothing in this section shall be construed as prejudicing the provisions of any other enactment under which, apart from this section, compensation in respect of any such compulsory acquisition or taking of possession as is mentioned in subsection (1) of this section falls to be assessed without regard to the prospects there mentioned.]

Textual Amendments

F4 S. 42 repealed with saving by Land Compensation Act 1973 (c. 26), ss. 48(4)(6), 89(3), Sch. 3 except in relation to compensation falling to be assessed by reference to prices current on a date before 23. 5. 1973 and except for the purposes of s. 48(6) of that Act

Modifications etc. (not altering text)

C1 By Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 47 it is provided that in s. 42(2), as it has effect for the purposes of s. 48(6) of the Land Compensation Act 1973 for “section 24 of the principal Act/ “ there is substituted (E.W.)”section 26 of the Agricultural Holdings Act 1986” and for “principal Act” in the second place where occurring there is substituted “Agricultural Holdings Act 1986”

43 Amendments of Plant Varieties and Seeds Act 1964. U.K.

(1) In Part I of the M1 Plant Varieties and Seeds Act 1964, after section 5, there shall be inserted the following section:—

“5A Requirement to use registered names on sale of reproductive material.

(1) Where a name is registered under section 5 of this Act for any plant variety, it shall be unlawful for any person to use, in selling or offering for sale, material of that variety being—

(a) reproductive material ; or

(b) material to which plant breeders’ rights are extended under paragraph 1 of Schedule 3 to this Act,

any name which serves or is intended by him to serve or distinguish that material from material of other plant varieties within the same class but is not the name so registered.

(2) Subsection (1) of this section shall not apply to a person who reasonably belives that the material is to be exported from Great Britain.

(3) Subsection (1) of this section shall have effect in relation to any plant variety from the date on which the grant of plant breeders’ rights in respect of that varieyt takes effect, and shall continue to apply after the period for which the rights are exercisable.

(4) Subsection (1) of this section shall not preclude the use, in connection with the registered name of a plant variety, of any trade mark or trade name (whether registered under the Trade Marks Act 1938 or not) other than a mark or name which is used or is intended to be used exclusively in connection with the first-mentioned name.

(5) A person who contravenes this section shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both ; but it shall be a defence in proceedings under this section to prove—

(a) that the accused took all reasonable precautions against commiting an offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence was being committed by him; and

(b) where the accused obtained the reproductive material to which the alleged offence relates from some other person, that on demand by or on behalf of thhe prosecutor the accused gave all the information in his power with respect to the name and address of that other person, and with respect to any relevant document in his possession or power relating to the material and the contract of the sale.

(6) Subsection (7) of section 5 of this Act shall apply for the interpretation of this section.”

(2) The said Act of 1964 shall have effect subject to the further amendments set out in Schedule 7 to this Act, being miscellaneous minor amendments.

(3) Section 39 of the said Act of 1964 shall have effect as if this section (together with the said Schedule 7) were contained in that Act and had been extended to Northern Ireland by Order in Council under subsection (2) of the said section 39.

Modifications etc. (not altering text)

C2 The text of ss. 43(1)(2), 52, Schs. 7, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1964 c. 14.

44 Extension of Agricultural and Forestry Associations Act 1962. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(1) Section 1 of the M2 Agricultural and Forestry Associations Act 1962 (which confers exemptions from Part I of the M3 Restrictive Trade Practices Act 1956 for certain co-operative associations formed for purposes of agriculture or forestry) shall apply to corresponding associations of persons engaged in the business of catching or taking fish or shellfish, and accordingly shall have effect as if—

(a) references to persons occupying land used for agriculture or forestry or both included references to persons engaged in the business aforesaid;

(b) references to produce produced by members of an association on land so occupied and used, and to the production of such produce on such land, included references to fish or shellfish caught or taken by such members, and to the catching or taking of fish or shellfish, in the course of their business.

(2) Without prejudice to the foregoing provision, the said section 1 shall apply to any co-operative association having as its object or primary object to assist its members—

(a) in the carrying on of the businesses of agriculture or forestry or both on land occupied by them; or

(b) in the carrying on of businesses consisting in the catching or taking of fish or shellfish,

whether or not the conditions specified in paragraphs (a) to (c) of subsection (1) of that section are satisfied; and for the purposes of this subsection “co-operative association” has the meaning assigned by subsection (9) of section 70 of the M4 Finance Act 1965, and references to members of a co-operative association include references to members of any such association which is a member of that association.

(3) The restrictions in respect of which exemption from Part I of the Restrictive Trade Practices Act 1956 is conferred by subsection (2) of the said section 1 shall include restrictions accepted or treated as accepted as mentioned in that subsection in respect of the production of produce, the catching or taking of fish or shellfish, or the supply of produce, fish or shellfish by members of an association to which the section applies.

(4) This section shall be construed as one with the M5 Agricultural and Forestry Associations Act 1962.

Textual Amendments

F5 S. 44 repealed by Restrictive Trade Practices Act 1976 (c. 34), s. 44, Sch. 6

Modifications etc. (not altering text)

C3 S. 12 amended by (E.W.) Land Compensation Act 1973 (c. 26), s. 48(5) and (S.) Land Compensation (Scotland) Act 1973 (c. 56), s. 44(4)

Marginal Citations

M2 1962 c. 29.

M3 1956 c. 68.

M4 1965 c. 25.

M5 1962 c. 29.

45 Modification of Restrictive Trade Practice Act 1956 in relation to agricultural marketing boards. U.K.

(1) For the purposes of the [F6 Restrictive Trade Practices Act 1976], the definition of “trade association” in [F6 section 43(1)] of that Act shall not include, and shall be deemed never to have included, a board within the meaning of this section.

(2) Where a board enter into an agreement on or after the commencement date in the exercise only of such powers as are mentioned in subsection (1) of section 20 of the M6 Agricultural Marketing Act 1958 (which section provides, among other things, that certain of a board’s powers with respect to products must be exercised in accordance with any directions given by the Minister for the purpose of safeguarding the public interest) or of such powers as are mentioned in section 36 of that Act (under which a board are empowered, subject to the directions of the Minister, to provide artificial insemination services), [F6 the said Act of 1976] shall not apply to the agreement if—

(a) the board have served notice of the terms of the agreement on the Minister before entering into it; and

(b) either the period of twenty-eight days beginning with the date of service of the board’s notice on the Minister has expired and the Minister has not during that period served notice on the board that he objects to those terms for the purposes of this subsection or the Minister has served on the board during that period notice that he does not so object; and

(c) the board have furnished a copy of the agreement to the Minister within the period of twenty-eight days beginning with the date on which they entered into it or within such longer period as the Minister may allow in any particular case.

(3) Where a board have entered into an agreement before the commencement date wholly or partly in the exercise of any of the powers mentioned in subsection (2) of this section and either the board served on the Minister, before they entered into the agreement, notice of its terms in pursuance of a requirement to do so contained in a scheme administered by them or the board furnish a copy of the agreement to the Minister within the period of three months beginning with the commencement date, [F6 the said Act of 1976] shall not apply to the agreement—

(a) subject to paragraph (c) below, as respects the period of fifteen months beginning with the commencement date;

(b) if during the said period of fifteen months or that period as previously extended under this paragraph the Minister serves notice on the board extending or further extending that period in relation to the agreement, then, subject to paragraph (c) below, as respects the extended period;

(c) if during the said period or extended period the Minister serves notice on the board that he objects to the agreement for the purposes of this subsection, only as respects the period beginning with the commencement date and ending with the date of service of the notice;

(d) if during the said period or extended period the Minister serves notice on the board that he does not so object, as respects any period after the commencement date;

and the [F6 said Act of 1976] shall, as respects any period before the commencement date, be deemed not to have applied to an agreement to which it does not apply by virtue of this subsection as respects a subsequent period.

[F7 (4) Subsections (2) and (3) of this section shall have effect in relation to a Northern Ireland board as if for any reference to the powers mentioned in subsection (2) of this section were there substituted a reference to the powers mentioned in subsection (1) of section 14 of the M7 Agricultural Marketing Act (Northern Ireland) 1964 (which section corresponds to the said section 20).]

(5) Where by virtue of any of the provisions of subsections (2) to (4) of this section [F6 the said Act of 1976] does not apply, or does not apply or is deemed not to have applied as respects any period, to an agreement made between a board and a trade association within the meaning of [F6 section 43(1)] of that Act, being an agreement as to the terms for other agreements between the board and persons who are members of the association or are represented thereon by such members, the said [F6 Act of 1976] shall not apply or, as the case may be, shall not apply or shall be deemed not to have applied as respects that period—

(a) to any such other agreement containing only terms contemplated by the agreement made between the board and the association;

(b) to any agreement made between two or more of those persons of which the purpose is confined to promoting the agreements mentioned in paragraph (a) of this subsection or any of them.

(6) Nothing in this section shall be construed as derogating from the powers of the Minister to give directions at any time under the provisions of the said Acts of 1958 [F8 and 1964] which are mentioned in subsections (2) [F8 and (4)] of this section.

(7) In this section—

• “agreement” means an agreement within the meaning of [F6 Restrictive Trade Practices Act 1976] to which, apart from this section, the [F6 said Act of 1976] applies;

• “board” means a board constituted by a scheme made or having effect as if made under the M8 Agricultural Marketing Act 1958 and [F9 in subsection 1 of this section, includes a board constituted by a scheme made, or having effect as if made, under [F10 the Agricultural Marketing Act (Northern Ireland) 1964 or] the Agricultural Marketing (Northern Ireland) Order 1982]

• “the commencement date” means the date of the passing of this Act;

• “the Minister”, [F10 except in relation to a Northern Ireland board] has the same meaning as in the said Act of 1958 [F10 and, in relation to a Northern Ireland board, has the same meaning as in the M9 Agricultural Marketing Act (Northern Ireland) 1964; and]

• [F11 “Northern Ireland board” means a board constituted by a scheme made or having effect as if made under the said Act of 1964;]

and for the purposes of subsection (2) of this section an agreement shall be treated as entered into by a board in the exercise only of the powers mentioned in that subsection, [F10 or that subsection as modified by subsection (4) of this section], notwithstanding that the agreement contains provisions entered into by the board in the exercise of other powers if the Minister is of opinion that those provisions are incidental provisions only.

Textual Amendments

F6 Words substituted by Restrictive Trade Practices Act 1976 (c. 34), Sch. 5

F7 S. 45(4) repealed (prosp.) by S.I. 1982/1080, (N.I. 12) arts. 1(2), 46(2)(3) Sch. 9 but by S.R.s 1984 No. 422 and 1989 No. 47 the repeal came into operation in relation to the Pigs Marketing Board (Northern Ireland) on 31.12.1984 and in relation to the Milk Marketing Board for Northern Ireland on 1.4.1989 respectively

F8 Words “and 1964” and words “and (4)” repealed (prosp.) by S.I. 1982/1080 (N.I. 12) arts. 1(2), 46(2)(3), Sch. 9 but by S.R.s 1984 No. 422 and 1989 No. 47 the repeal came into operation in relation to the Pigs Marketing Board (Northern Ireland) on 31.12.1984 and in relation to the Milk Marketing Board for Northern Ireland on 1.4.1989 respectively

F9 Words substituted by S.I. 1982/1080, (N.I. 12) art. 46(1), Sch. 8

F10 Words repealed (prosp.) by S.I. 1982/1080, (N.I. 12) arts. 1(2), 46(2)(3), Sch. 9, but by S.R.s 1984 No. 422 and 1989 No. 47 the repeal came into operation in relation to the Pigs Marketing Board (Northern Ireland) on 31.12.1984 and in relation to the Milk Marketing Board for Northern Ireland on 1.4.1989 respectively

F11 Definition repealed (prosp.) by S.I. 1982/1080, (N.I. 12) arts. 1(2), 46(2)(3), Sch. 9, but by S.R.s 1984 No. 422 and 1989 No. 47 the repeal came into operation in relation to the Pigs Marketing Board (Northern Ireland) on 31.12.1984 and in relation to the Milk Marketing Board for Northern Ireland on 1.4.1989 respectively

Modifications etc. (not altering text)

C4 Certain functions of the Minister of Agriculture, Fisheries and Food under s. 45 now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S. I. 1969/388, art.3, Sch. 2 Pt. II para. 6(b) and 1978/272, art. 2, Sch. 1

C5 S. 12 modified by (E.W.) Land Compensation Act 1973 (c. 26), ss. 59(2)(a), 61(3) and (S.) Land Compensation (Scotland) Act 1973 (c. 56), ss. 55(2)(a), 56(8), 57(3), 58(3)(6), Sch. 1

Marginal Citations

M6 1958 c. 47.

M7 1964 c. 13 (N.I.).

M8 1958 c. 47.

M9 1964 c. 13 (N.I.).

46 Further functions of agricultural wages committees. E+W+S

(1) The Minister may by regulations—

(a) provide that the functions under the M10 Agricultural Wages Act 1948 of agricultural wages 0committees established in pursuance of that Act shall include such further functions as the Minister considers appropriate for the purpose of enabling or requiring those committees to give effect to orders made or which may be made by the Agricultural Wages Board for England and Wales under that Act and (without prejudice to the generality of the foregoing provisions in this paragraph) to determine whether any person is a member of any special class of workers as defined in such an order;

(b) make provision with respect to the procedure to be followed in connection with the exercise of the further functions aforesaid and provide that section 15 of that Act (which relates to evidence of resolutions and orders) shall apply with such modifications as the Minister considers appropriate to decisions made in the exercise of those functions.

(2) In this section “functions” means powers and duties.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 S. 46(3) repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

Modifications etc. (not altering text)

C6 S. 46: power to amend conferred (1.4.1999) by 1998 c. 39, s. 47(2)(d)(3) (with s. 36); S.I. 1999/685, art. 2, Sch.

S. 46: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

M10 1948 c. 47.

47 Further exemptions of transfers of land from control of Rural Development Boards. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 [A]fter paragraph (f) of section 50(3) of the said Act of 1967 (which exempts certain transfers from the requirement aforesaid) there shall be inserted the following paragraphs:—

“(g) a river authority (including the Conservators of the River Thames and the Lee Conservancy Catchment Board);

(h) an internal drainage board within the meaning of the Land Drainage Act 1930”.

Textual Amendments

F13 Words repealed by Water Act 1989 (c.15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27

48 Extension of s. 3 of Parks Regulation (Amendment) Act 1926. E+W

In section 3 of the M11 Parks Regulation (Amendment) Act 1926 (under which, among other things, the Minister of Agriculture, Fisheries and Food has power to regulate the conduct of persons using the Royal Botanic Gardens at Kew), the second reference to the said Gardens shall include a reference to any park, garden, recreation ground, open space and other land for the time being vested in or under the control or management of the said Minister.

Marginal Citations

M11 1926 c. 36.

49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 U.K.

Textual Amendments

F14 S. 49 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

Supplemental U.K.

50 Interpretation etc.—general. U.K.

(1) Subject to subsection (7) of section 45 of this Act, in this Act—

• “the Minister” means, except in the application of this Act to Scotland, the Minister of Agriculture, Fisheries and Food and, in the application of this Act to Scotland, the Secretary of State;

• “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly; and

• “notice” means notice in writing.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(3) Any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment including an enactment in this Act.

(4) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this subsection “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or undertaking or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Textual Amendments

F15 S. 50(2) repealed by Water Act 1973 (c. 37), Sch. 9

51 Orders, regulations and schemes. U.K.

(1) Any power conferred by this Act to make regulations or a scheme or an order (other than an order under section 23(1)(a)) shall be exercisable by statutory instrument.

(2) Any statutory instrument containing an order or regulations made under any provision of this Act, other than an order under section 23(1)(b) and regulations under section 2, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No scheme shall be made under this Act unless a draft of the scheme has been approved by each House of Parliament.

(4) Any order or scheme made under any provision of this Act may be revoked or varied by a subsequent order or scheme made thereunder.

(5) Any order, scheme or regulations under this Act may make different provision for different circumstances; and nothing in any other provision of this Act authorising the making of different provision for such different cases as may be specified in that provision shall be construed as prejudicing the generality of the power conferred by this subsection.

52 Repeals. X1 U.K.

The enactments mentioned in Schedule 8 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Editorial Information

X1 The text of ss. 43(1)(2), 52, Schs. 7, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

53 Financial provisions. U.K.

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by virtue of this Act by any Minister or government department . . . F16 ; and

(b) any increase attributable to the provisions of this Act in the sums payable out of such moneys under any other Act;

and any sums received by the Minister or the Ministers by virtue of this Act shall be paid into the Exchequer.

Textual Amendments

F16 Words repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

54 Short title, commencement and extent, etc. U.K.

(1) This Act may be cited as the Agriculture (Miscellaneous Provisions) Act 1968.

(2) Part I of this Act shall come into operation on the expiration of two months beginning with the date on which this Act is passed.

(3) This Act, except Part IV and sections 10, 13, 47 and 48, extends to Scotland, and sections 11, 14 and 16 and Part III of this Act extend to Scotland only.

(4) This Part of this Act, except sections 41, 42 and 46 to 48, extends to Northern Ireland; . . . F17

Textual Amendments

F17 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I