Small Holdings and Allotments Act 1926

2 Power of Minister to contribute towards losses. U.K.

(1) Where it appears to a county council that the provision of any small holdings will entail a loss the council shall submit their proposals to the Minister of Agriculture and Fisheries (hereinafter referred to as the Minister), together with estimates in the prescribed form of the expenses (whether on capital or income account) in relation thereto likely to be incurred by the council and of the sums likely to be received by the council either by way of rent or purchase money or otherwise.

(2) If the Minister approves the proposals and estimates of the council, either without modifications or with such modifications as he may require, the Minister may, subject to such conditions as to records, certificates, audit or otherwise as, with the approval of the Treasury, he may determine, make, or undertake to make, contributions out of [F1 Small Holdings and Allotments Account] towards the losses likely to be incurred in carrying out the proposals to such an amount as may be specified in the approval; so, however, that the contribution in respect of any year shall not exceed seventy-five per cent. of the amount of loss shown in the approved estimates as likely to be incurred in that year:

Provided that the Minister in considering the estimates submitted to him shall satisfy himself that the estimates are made on the basis of the full fair rent being charged for each holding, and, in the case of any part of the land not being required for the provision of small holdings, of the best price that could reasonably be obtained therefor, if sold, being attributed thereto.

(3) Where the proposals, after having been approved by the Minister, are subsequently varied, then—

(a) if the variation is made by the county council without his consent, the Minister may, if he thinks fit, reduce the amount of his contribution;

(b) if the variation is made with his consent, the Minister may, subject to the limitation hereinbefore mentioned, vary his contribution either by way of increase or decrease, according to the nature of the variation.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5) Where land has been acquired for the purposes of small holdings before the commencement of this Act, or where land is, after the commencement of this Act, acquired under this Part of this Act without the consent of the Minister, this section shall apply with respect to such expenses only as are likely to be incurred in equipping the land and adapting it for small holdings.

(6) For the purposes of this Part of this Act, the expression “full fair rent” in relation to a small holding means the rent which a tenant might reasonably be expected to pay for the holding if let as such and the landlord undertook to bear the cost of structural repairs.

[F3 (7) Land in respect of which a contribution has been made or undertaken to be made by the Minister under this section shall not be sold, mortgaged, exchanged, let, or appropriated, for any purpose other than the provision of small holdings except with the consent of the Minister, who may give such consent either unconditionally or subject to such conditions as he thinks fit.]

[F3 (8) Where the Minister is satisfied that a council has reasonably incurred expenses in connection with the preparation of proposals or estimates with a view to the submission thereof to the Minister under this section he may, if he thinks fit, notwithstanding that the proposals or estimates are not submitted to him or if submitted are not approved by him, make contributions towards the expenses so incurred, in the like manner and to the like extent as if the expenses had been a loss shown in approved estimates.]

Textual Amendments

F1 Words substituted by Agricultural Land (Utilisation ) Act 1931 (c. 41), Sch. 2

F2 S. 2(4) repealed by Agriculture Act 1970 (c. 40), s. 65(1), Sch. 5 Pt. III

F3 S. 2(7)(8) added by Agricultural Land (Utilisation) Act 1931 (c. 41), Sch. 2

Modifications etc. (not altering text)

C1 Small Holdings and Allotments Account wound up by Agriculture Act 1947 (c. 48), s. 59