Agriculture Act 1970

28 Interpretation of Part II. U.K.

[F1 (1)] In this Part of this Act, except where the context otherwise requires, the following expressions have the following meaning respectively, that is to say—

• “agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture [F2 and includes any other business, of a kind for the time being specified by an order made by the appropriate authority, which is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture and is carried on on the same or adjacent land];

• “agriculture” and cognate expressions shall be construed, except in relation to Scotland, in accordance with section 109 of the M1 Agriculture Act 1947 and, in relation to Scotland, in accordance with section 86 of the M2 Agriculture (Scotland) Act 1948;

• “the appropriate authority” in relation to any order, scheme or regulations under this Part of this Act, means the appropriate Minister, or the appropriate Ministers acting jointly, for the part or parts of the United Kingdom for which the order, scheme or regulations is or are made;

• “the appropriate Minister”, except in sections 31 to 33 of this Act, means—

(a) in relation to England, the Minister;

(b) in relation to Wales, the Minister and the Secretary of State acting jointly;

(c) in relation to Scotland, the Secretary of State;

(d) in relation to Northern Ireland, the Minister;

• “the Minister”, except in section 35 of this Act, means the Minister of Agriculture, Fisheries and Food;

• “Wales” includes Monmouthshire and references to England shall be construed accordingly.

[F1 (2) An order under subsection (1) above shall be made by statutory instrument and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 S. 28(2) inserted (the existing provisions of s. 28 becoming s. 28(1)) as provided by Agriculture Act 1986 (c. 49, SIF 2:1), s. 22(2)

F2 Words inserted by Agriculture Act 1986 (c. 49, SIF 2:1), s. 22(1)

Modifications etc. (not altering text)

C1 Certain functions of Minister of Agriculture, Fisheries and Food under Pt. II now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S.I. 1978/272, art. 2, Sch. 1

Marginal Citations

M1 1947 c. 48.

M2 1948 c. 45.