Agriculture Act 1958

1 Repeal of powers of supervision, direction and dispossession under Part II of Agriculture Act, 1947, and Part II of Agriculture (Scotland) Act 1948. E+W+S

(1) So much of Part II of the M1 Agriculture Act, 1947 (in this Act referred to as “the Act of 1947”) as provides for supervision orders, and for the giving of directions to and the dispossession of owners or occupiers on grounds of bad estate management or bad husbandry, that is to say sections twelve to twenty of that Act, shall cease to have effect, and all entries in the register of local land charges relating to supervision orders shall, as soon as may be after the passing of this Act, be deleted.

(2) So much of Part II of the M2 Agriculture (Scotland) Act, 1948 (in this Act referred to as “the Scottish Act of 1948”) as provides for warning notices, and for the giving of directions to and the dispossession of owners or occupiers on grounds of bad estate management or bad husbandry, that is to say sections twenty-seven to thirty-four of that Act, shall cease to have effect.

Marginal Citations

M1 1947 c. 48.

M2 1948 c. 45.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 S. 2 repealed (S.) by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s. 6, Sch. 2 and (E.W.) by Agricultural Holdings Act 1984 (c. 41), s. 10(2), Sch. 4

3 F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F2 S. 3 repealed by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12, SIF 2:3), s. 13, Sch. 2 (subject to a saving in s. 14 in relation to notices to quit given before 7.4.1978)

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 S. 4 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. I

5 Transfer to Lord Chancellor of Minister’s functions as respects Agricultural Land Tribunals. E+W+S

The functions conferred on the Minister in relation to Agricultural Land Tribunals by section seventy-three of the Act of 1947 shall be exercisable by the Lord Chancellor and not by the Minister, so however that the duty of providing the said Tribunals with the necessary officers and servants and of paying salaries, fees and allowances shall remain with the Minister.

6 Provisions as to succession to holdings in Scotland. E+W+S

(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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

(4),(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F4 S. 6(1)(2) repealed with savings by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3

F5 S. 6(3) repealed (S.) by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s. 6, Sch. 2

F6 S. 6(4)(5) repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 S. 7 repealed by Weeds Act 1959 (c. 54), Sch.

8 Minor and consequential amendments. E+W+S

(1) The enactments specified in Part I of the First Schedule to this Act (being enactments applying to England and Wales) and the enactments specified in Part II of that Schedule (being enactments applying to Scotland) shall have effect subject to the amendments specified in that Schedule, being minor amendments or amendments consequential on the foregoing provisions of this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 S. 8(2) repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), s. 10(2), Sch. 3

9 Interpretation. E+W+S

(1) In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say —

• “Act of 1947” means the M3 Agriculture Act, 1947;

• “Act of 1948” means the M4 Agricultural Holdings Act, 1948;

• “agricultural holding”, . . . F9 as respects Scotland has the meaning assigned to it by section one of the Scottish Act of 1949;

• “the appointed day” means such day as the Minister or, in relation to Scotland, the Secretary of State, may by order made by statutory instrument appoint, and different days may be appointed by such orders in relation to different provisions of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

• “Land Court” means the Scottish Land Court;

• “landlord” and “tenant”, . . . F9 as respects Scotland have the meanings assigned to them by section ninety-three of the Scottish Act of 1949;

• “lease”, as respects Scotland, means a letting of land for a term of years, or for lives, or for lives and years, or from year to year;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “Scottish Act of 1948” means the M5 Agriculture (Scotland) Act, 1948;

• “Scottish Act of 1949” means the M6 Agricultural Holdings (Scotland) Act, 1949.

(2) References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that exactment as amended by or under any other enactment, including this Act.

Textual Amendments

F9 Words repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. 1

Marginal Citations

M3 1947 c. 48.

M4 1948 c. 63.

M5 1948 c. 45.

M6 1949 c. 75.

10 Repeals savings and transitional provisions. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(2) The repeal by virtue of this Act of provisions contained in Part II of the Act of 1947 shall not affect the operation of section ninety-five of that Act (which applies certain of those provisions for the purposes of special directions to secure production).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(4) The repeal by virtue of this Act of provisions contained in Part II of the Scottish Act of 1948 shall not affect the operation of section thirty-five of that Act (in relation to which certain of those provisions have effect for the purposes of special directions to secure production).

(5) The repeal by virtue of this Act of section seventy-one of the Scottish Act of 1948 shall not affect the operation of subsection (6) of section twenty-one of the M7 Crofters (Scotland) Act, 1955 (which applies the provisions of the said section seventy-one to the reference to the Land Court of certain proposals of the Crofters Commission) or the power of the Secretary of State to make regulations under the said section as so applied.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(7) The transitional provisions set out in the Fourth Schedule to this Act shall have effect.

Textual Amendments

F10 S. 10(1) repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII

F11 S. 10(3) repealed (with saving) by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 4(1)(7), 10, Sch. 2

F12 S. 10(6) repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII

Marginal Citations

M7 1955 c. 21.

11 Short title and extent. E+W+S

(1) This Act may be cited as the Agriculture Act, 1958.

(2) This Act . . . F13 shall not extend to Northern Ireland.

Textual Amendments

F13 Words repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), s. 10(2), Sch. 3