Agriculture (Miscellaneous Provisions) Act 1972

SCHEDULES

SCHEDULES 1, 2 S . . . F1

Textual Amendments

F1 Schs. 1, 2 repealed by Slaughter of Animals (Scotland) Act 1980 (c. 13, SIF 112), s. 24(2), Sch. 3

SCHEDULE 3 E+W+S . . . F2

Textual Amendments

F2 Sch. 3 repealed by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 16, Sch. 2

Section 9.

[F3 SCHEDULE 4 U.K. Sections 26(1) to (6) and 28(1) of M1 Agriculture Act 1967 as Amended

Textual Amendments

F3 Sch. 4 repealed (N.I.) so far as it relates to s. 26(1) to (6) of the Agriculture Act 1967 by S.I. 1987/166 (N.I. 1), art. 20, Sch.

Modifications etc. (not altering text)

C1 For subsequent amendments of ss. 26(1)–(6) and 28(1) of Agriculture Act 1967 (c. 22, SIF 2:1) see the entries for that Act.

Marginal Citations

M1 1967 c. 22.

26 (1) The appropriate Minister may in accordance with a scheme and subject to section 50 of the M2 Agriculture Act 1970 make, out of money provided by Parliament, grants of amounts determined in such manner as may be provided by or under the scheme in connection with the carrying out of any of the following transactions approved by him in pursuance of the scheme, that is to say— U.K.

(a) transactions for securing that agricultural land which is or forms part of an uncommercial unit, but which together with some other agricultural land could form an intermediate unit or commercial unit, shall be owned and occupied with that other land, and

(b) transactions for securing that, where an intermediate unit or a commercial unit is not all in the same ownership, any part of it comes to be in the same ownership as the rest of that unit, or in the same ownership as some other part of that unit, but excluding transactions which bring into the same ownership and occupation two or more parts of the unit each of which could by itself form a commercial unit, and

(bb) transactions for securing that, where the person occupying an intermediate unit or a commercial unit occupies any part or parts of it otherwise than as owner or as a tenant as defined in the M3 Agricultural Holdings Act 1948 (or, in Scotland, the M4 Agricultural Holdings (Scotland) Act 1949), he comes to occupy that part or all those parts as owner or as such a tenant, and

(c) transfers or exchanges of agricultural land (or estates or interests in agricultural land) for the purpose of giving more satisfactory boundaries to one or more agricultural units;

and for the purposes of paragraph (a) above, such assumptions as the appropriate Minister may consider reasonable may be made as to the works and facilities which will be carried out or provided for the benefit of the unit to be formed.

• Transactions within paragraphs (a), (b) and (bb) above are in this Part of this Act referred to as “amalgamations”, and transactions within paragraph (c) are in this Part of this Act referred to as “boundary adjustments”.

(2) A scheme under this section may restrict the amalgamations and boundary adjustments to which it applies in any way, and may in particular exclude amalgamations of land which has reverted from being in single ownership or occupation or, as respects transactions within subsection (1)(bb) of this section, cases where after the transaction has been effected the unit is not in single ownership.

(4) A scheme under this section may make different provision for different circumstances.

(6) Any approval in pursuance of a scheme under this section of an amalgamation or boundary adjustment—

(a) may be given either before or, in any case where the appropriate Minister thinks fit, after the amalgamation or boundary adjustment has been carried out;

(b) may be given subject to such conditions as the appropriate Minister may specify, and in particular subject to any condition as to the time within which the amalgamation or boundary adjustment is to be carried out or as to the carrying out or provision within a specified period of specified works or facilities appearing to the appropriate Minister to be necessary as a consequence of the amalgamation or boundary adjustment;

(c) may be varied or withdrawn by the appropriate Minister with the written consent of the person on whose application the approval was given;

and the appropriate Minister may, if he thinks fit, for the purposes of a claim for grant under section 29 of the M5 Agriculture Act 1970 issue a certificate with respect to any work or facility that he considers it to be necessary or desirable as a consequence of an amalgamation, or to be necessary as a consequence of a boundary adjustment, approved by that Minister in pursuance of the scheme.

Marginal Citations

M2 1970 c. 40.

M3 1948 c. 63.

M4 1949 c. 75.

M5 1970 c. 40.

28 (1) The appropriate Minister may with the approval of the Treasury make or guarantee loans to meet expenditure incurred in connection with an amalgamation or boundary adjustment approved by the appropriate Minister in pursuance of a scheme under section 26 of this Act, being— U.K.

(a) the costs of the amalgamation or boundary adjustment consisting of surveyor’s fees and legal costs, stamp duty on any conveyance, lease, tenancy agreement or mortgage or heritable security and any compensation for disturbance under section 34 of the M6 Agricultural Holdings Act 1948 or section 35 of the M7 Agricultural Holdings (Scotland) Act 1949, or

(aa) expenditure incurred in the carrying out or provision of works or facilities which the appropriate Minister considers to be necessary or desirable as a consequence of the amalgamation, or to be necessary as a consequence of the boundary adjustment, or

(b) any part of the purchase price of any land acquired as part of the amalgamation or as the case may be any part of the purchase price of land acquired, or of money given by way of equality of exchange, as part of the boundary adjustment,

or expenditure under all or any two of paragraphs (a), (aa) and (b) above.]

Marginal Citations

M6 1948 c. 63.

M7 1949 c. 75.

Section 22.

SCHEDULE 5 S Amendments relating to abolition of agricultural wages committees in Scotland.

Modifications etc. (not altering text)

C2 The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) 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.

M8 The Agricultural Wages (Scotland) Act 1949 S

Marginal Citations

M8 1949 c. 30.

In section 1, in subsection (1), the words from “in relation” to “section” shall cease to have effect.

In section 1, subsection (2) shall cease to have effect.

Section 2 shall cease to have effect.

In section 3, in subsection (1), the words from “for each” to “Act” shall cease to have effect.

In section 5, in subsection (1), for the words “an agricultural wages committee are” there shall be substituted the words “the Secretary of State is” ; the words “in their district” shall cease to have effect ; for the words “committee shall grant” there shall be substituted the words “Secretary of State shall grant” ; and for the words “committee think” there shall be substituted the words “Secretary of State thinks”.

In section 5, in subsection (3), for the words “an agricultural wages committee have granted a permit” there shall be substituted the words “a permit has been granted (whether before or after the commencement of the Agriculture (Miscellaneous Provisions) Act 1972)” ; and for the words “the committee” in both places where those words occur, there shall be substituted the words “the Secretary of State”.

In section 5, in subsection (4), the words from “an agricultural” to “aforesaid and” shall cease to have effect ; for the words “the committee”, in both places where those words occur, there shall be substituted the words “the Secretary of State” ; and for the words “the worker to whom the permit relates” there shall be substituted the words “a worker to whom a permit has been granted (whether before or after the commencement of the Agriculture (Miscellaneous Provisions) Act 1972) under subsection (1) of this section”.

In section 5, after subsection (4) there shall be inserted the following subsections :—

“(4A) Notice of application for a permit under subsection (1) of this section, if made by an employer, shall be given by the Secretary of State to the worker to whom the application relates to enable to him to make such representations as he thinks desirable.”

In section 5, in subsection (5), for the words “an agricultural wages committee” and “the agricultural wages committee” there shall be substituted in both cases the words “the Secretary of State” ; for the words “the committee” wherever those words occur, there shall be substituted the words “the Secretary of State” ; for the word “their” there shall be substituted the word “his” ; and after the words “under this” there shall be inserted the words “or the last preceding”.

In section 5, in subsection (6), after the words “a worker” there shall be inserted the words “(whether before or after the commencement of the said of Act of 1972)”.

In section 6, subsections (1) to (4) shall cease to have effect.

In section 6, in subsection (5) the words from “in a district” to “this Act” shall cease to have effect, and for the words “agricultural wages committee” there shall be substituted the words “Secretary of State”.

In section 6, subsection (8) shall cease to have effect.

In section 7, in subsection (1), the words from “for each district” to “established under this Act” shall cease to have effect.

In section 7, in subsection (3), for the words “an agricultural wages committee are” there shall be substituted the words “the Secretary of State is” ; the words “in their district” shall cease to have effect ; for the words “the committee” there shall be substituted the words “the Secretary of State” ; and the words from “subject” to “Act” where it first occurs shall cease to have effect.

Section 8 shall cease to have effect.

In section 9, in subsection (1), for the words from “and complaints” to “thereof” there shall be substituted the words “to the Secretary of State under section 5 or section 7 of this Act”.

In section 9, subsection (2) shall cease to have effect.

In section 12, in subsection (4)(a), the words from “or” to “work” shall cease to have effect.

In section 13, the words “and of agricultural wages committees” and “and each committee” shall cease to have effect.

In section 14, the words from “or” to “thereof” shall cease to have effect.

In section 15, the words “or an agricultural wages committee” and “or committee, as the case may be” shall cease to have effect.

The second Schedule shall cease to have effect.

In the third Schedule, in paragraph 1, sub-paragraph (b) shall cease to have effect.

In the third Schedule, in paragraph 4, the words from “and serve” to the end of the paragraph shall cease to have effect.

In the third Schedule, in paragraph 5, for the words from “in the district” to “such a special area” there shall be substituted the words “or to any class of workers (as defined in the order) or to any area or to any such class in any area”.

M9 The Agriculture (Miscellaneous Provisions) Act 1968 S

Marginal Citations

M9 1968 c. 34.

In section 46, subsection (3) shall cease to have effect.

Section 26(3) and (4).

SCHEDULE 6 U.K. Repeals

Modifications etc. (not altering text)

C3 The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) 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.

Chapter	Short title	Extent of repeal
11 — 12 Geo. 5. c. 35.	The Corn Sales Act 1921.	Section 1.
18 — 19 Geo. 5. c. 29.	The Slaughter of Animals (Scotland) Act 1928.	Sections 5, 6, 9 and 10.
4 — 5 Geo. 6. c. 50.	The Agriculture (Miscellaneous Provisions) Act 1941.	Sections 11(2) and (7).
6 — 7 Geo. 6. c. 16.	The Agriculture (Miscellaneous Provisions) Act 1943.	In section 17, subsection (4) and, in subsection (6) the words “or subsection (4)”.
7 — 8 Geo. 6. c. 28.	The Agriculture (Miscellaneous Provisions) Act 1944.	In section 6, subsections (1) to (3) and in subsection (4) the words “by virtue of the last foregoing subsection or” and the words “or boar” in both places where they occur.
9 — 10 Geo. 6. c. 26.	The Emergency Laws (Transitional Provisiions) Act 1946.	In Schedule 2, in the paragraph dealing with amendments of the Improvement of Live Stock (Licensing of Bulls) Act 1931, the words “in its application to England and Wales”.
9 — 10 Geo. 6. c. 73.	The Hill Farming Act 1946.	In section 3(6), all the words after “appropriate Minister” and before “for the doing” and the words “or committee”.
		Section 33.
		In section 34, in subsection (1) all the words after “given by him” and before “shall, on producing”, and in subsection (2) all the words after “authorised as aforesaid” and before “in the exercise”.
10 — 11 Geo. 6. c. 48.	The Agriculture Act 1947.	Sections 71 and 72.
		In section 75 the words “partly in the area of one County Agricultural Executive Committee and partly in the area of another, or” and the words “committee or”.
		Section 77.
		In section 78(1), the words from “and regulations” to “be prescribed”.
		Section 104(5).
		In Schedule 9, paragraphs 7 to 12 and 21 and in paragraph 22(2) the words from “County” to “district committees and” and the words “committees and” in the second place where they occur.
		Schedule 10.
10 — 11 Geo. 6. c. 53.	The Town and Country Planning (Scotland) Act 1947.	In section 8(2)(a), the words from “and” onwards.
11 — 12 Geo. 6. c. 45.	Agriculture (Scotland) Act 1948.	Section 68 and 69.
		Section 80(5).
		In Schedule 8, Part I with the exception of paragraph 11.
12 — 13 Geo. 6. c. 30.	The Agricultural Wages (Scotland) Act 1949.	In section 1, in subsection (1), the words from “in relation” to “section”, and susbection (2).
		Section 2.
		In section 3, in subsection (1), the words from “for each” to “Act”.
		In section 5, in subsection (1), the words “in their district”, and in subsection (4), the words from “agricultural” to “aforesaid and”.
		In section 6, subsections (1) to (4), in subsection (5), the words from “in a district” to “this Act”, and subsection (8).
		In section 7, in subsection (1), the words from “for each district” to “established under this Act”, and in subsection (3), the words “in their district”, and the words from “subject” to “Act” where it first occurs.
		Section 8.
		Section 9(2).
		In section 12(4)(a), the words from “or” to “work”.
		In section 13, the words “and of agricultural wages committees” and “and each committee”.
		In section 14, the words from “or” to “thereof”.
		In section 15, the words “or an agricultural wages committee” and “or committee, as the case may be,”.
		Schedule 2.
		In Schedule 3, paragraph 1(b), and in paragraph 4, the words from “and serve” onwards.
12 — 13 Geo. 6. c. 52.	The Slaughter of Animals (Scotland) Act 1949.	The whole Act.
12 — 13 Geo. 6. c. 55.	The Prevention of Damage by Pests Act 1949.	In section 4, subsections (3) and (6)(a).
14 — 15 Geo. 6. c. 18.	The Livestock Rearing Act 1951.	Sections 9 and 10.
1 — 2 Eliz. 2. c. 27.	The Slaughter of Animals (Pigs) Act 1953.	In section 3, in subsection (1), the definition of “pig”, and subsection (2)
2 — 3 Eliz. 2. c. 30.	The Protection of Birds Act 1954.	In section 10(4) the words from “and those powers” onwards.
2 & 3 Eliz. 2. c. 42.	The Slaughterhouses Act 1954.	Section 8(1).
		In section 10, subsections (1) and (2); in subsection (3), paragraphs (a) and (c) and in paragraph (b) the words from “that any” to “specified” where last occurring and the word “or” at the end of the paragraph; subsection (5); and in subsection (6), the words “to the Secretary of State”.
		Section 11.
		In section 18, subsections (2) and (3).
		Section 19(b).
2 — 3 Eliz. 2. c. 59.	The Slaughter of Animals (Amendment) Act 1954.	In section 2, in subsection (3); in subsection (5), the words from “and” onwards; and subsection (6).
		Schedule 1.
4 Eliz. 2. c. 16.	The Food and Drugs Act 1955.	Section 65 so far as it relates to slaughterhouses.
		Section 70(1).
		Sections 75 to 78.
5 — 6 Eliz. 2. c. 20.	The House of Commons Disqualification Act 1957.	In Part IV of Schedule 1, the entries relating to the Agriculture Act 1947 and the Agriculture (Scotland) Act 1948.
6 — 7 Eliz. 2. c. 47.	The Agricultural Marketing Act 1958.	In section 22(6) the words from “and there may” to “sum so written off”.
		Section 23.
		In sections 24(1) and 25 the words “on the recommendation of the appropriate Agricultural Marketing Facilities Committee” and in section 24(1), the proviso.
		In section 53(5) the words from “and Agricultural” to “for Scotland”.
		In Schedule 3, paragarph 4 of Part II, paragraph 5 of Part V and paragraph 5 of Part VI.
6 & 7 Eliz. 2. c. 70.	The Slaughterhouses Act 1958.	In section 1, subsections (1), (3) and (4).
		Sections 2 to 4.
		In section 6, subsection (1), in subsection (2) the words “the foregoing subsection or under” and in subsection (3) paragraphs (a) to (f).
		In section 11 the words “this Act and” where they first occur and the words “to this Act and”.
		Section 12(2).
		In Section 13(2) the words “or in the First Schedule to”.
		Schedule 1.
1963 c. 11.	The Agriculture (Miscellaneous Provisions) Act 1963.	In section 16(4), the words from “and by virtue” to “boars”.
		Section 17.
1963 c. 33.	The London Government Act 1963.	Section 54(2).
1967 c. 22.	The Agriculture Act 1967.	In section 26, subsections (3) and (5), and in subsection (6)(a) the words “the expenditure has been incurred or”.
		Section 63(1).
1968 c. 23.	The Rent Act 1968.	In Schedule 3, paragraph (f) of Case 14 except where the relevant date for the purposes of that Case was before the passing of this Act.
1968 c. 34.	The Agriculture (Miscellaneous Provisions) Act 1968.	Section 46(3).
1970 c. 40.	The Agriculture Act 1970.	Section 32(4)(b).
		Section 33(4).
		In section 50 the words “in respect of expenditure incurred” in both places where they occur.
		In Schedule 4 the entry relating to the London Government Act 1963.
1971 c. 28.	The Rent (Scotland) Act 1971.	In Schedule 3, paragraph (f) of Case 15 except where the relevant date for the purposes of that Case was before the passing of this Act.
1971 c. lxvii.	The Manchester Corporation (General Powers) Act 1971.	In section 65, in subsection (3) the words “public abattoir”, in subsection (4) the words “the abattoir or of”, and subsection (6).