Agriculture Act 1947

SCHEDULES

F1 F1 FIRST SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 repealed by Agriculture Act 1957 (c. 57), Sch. 4 Pt. I

Sections 15, 36, 95.

F2 SECOND SCHEDULE E+W Provisions where permanent pasture directed to be ploughed up or other cultivations to be carried out

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. SECOND repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

F3 F3 THIRD TO SEVENTH SCHEDULES E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Schs. 3–7 repealed by Agricultural Holdings Act 1948 (c. 63), ss. 98–100, Sch. 8

Section 67.

EIGHTH SCHEDULE E+W Provisions of Small Holdings and Allotments Acts Applied or Saved

F4 F4 Part I E+W

Textual Amendments

F4 Sch. 8 Pt. I repealed by Agriculture Act 1970 (c. 40), ss. 113(3), Sch. 5 Pt. III

. . . F4

Part II E+W Provisions Saved

Enactment saved	Extent of saving
In the Smallholdings and Allotments Act 1926 (16 & 17 Geo. 5. c. 52):—
F5 . . .	F5 . . .
Sections five to seven (provisions as to payment for sales of holdings by terminable annuities, as to conditions binding on holdings sold or let, and as to recovery of possession where condition broken.)	(1) The sections shall, subject to the modification hereinafter provided, continue in operation in relation to smallholdings sold or let before the commencement of Part IV of this Act, except in so far as they provide for the sale of smallholdings or any other disposition thereof [F6 not authorised by Part III of the Agriculture Act 1970] and except in so far as subsection (1) of section six renders the consent of the Minister unnecessary where no contribution is payable by him.
	(2) The requirement in paragraph (c) of subsection (1) of section six that the holding shall be cultivated in accordance with the rules of good husbandry as defined in the M1 Agricultural Holdings Act 1923, shall be construed as a requirement that the owner or occupier, as the case may be, shall fulfil his responsibilities to farm the holding in accordance with the rules of good husbandry, and section eleven of this Act shall apply accordingly.
Sections thirteen and fourteen (provisions as to loans for purchase and equipment of holdings).	The sections shall continue in operation in relation to loans made before the commencement of Part IV of this Act.

Textual Amendments

F5 Sch. EIGHTH Pt. II entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 3

F6 Words substituted by Agriculture Act 1970 (c. 40), Sch. 4

Marginal Citations

M1 1923 c. 9.

Sections 68, 71, 73.

NINTH SCHEDULE E+W Constitution etc. of Commission, Sub-Commission, Committees and Tribunals

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

1—6.

Textual Amendments

F7 Sch. 9 paras. 1–6 repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

7—12.

Textual Amendments

F8 Sch. 9 paras.7–12 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

Agricultural Land [F9 Tribunal] E+W

Textual Amendments

F9 Word in Sch. 9 para. 13 heading substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(2)(a) (with Sch. 3)

[F10 13 (1) The Lord Chancellor shall appoint a chairman for [F11 the Agricultural Land Tribunal], who shall be a [F12 person who satisfies the judicial-appointment eligibility condition on a 5-year basis.].

(2) [F13 Subject to sub-paragraph (2A) of this paragraph,] the chairman shall hold office for [F14 such period as may be specified in the terms of his appointment], and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.

[F15 (2A) No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of [F16 75].]

(3) The chairman may resign his office by notice in writing to the Lord Chancellor.

(4) If the Lord Chancellor [F17 and Lord Chief Justice are both] satisfied that the chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or if the chairman is [F18 made] bankrupt or makes a composition or arrangement with his creditors, the Lord Chancellor may[F19 , with the concurrence of the Lord Chief Justice, ] revoke the appointment of the chairman.]

Textual Amendments

F10 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F11 Words in Sch. 9 para. 13(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(2)(b) (with Sch. 3)

F12 Words in Sch. 9 para. 13(1) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 4; S.I. 2008/1653, art. 2(d) (with arts. 3 4)

F13 Words in Sch. 9 para. 13(2) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(a) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F14 Words in Sch. 9 para. 13(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(2)(b) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F15 Sch. 9 para. 13(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F16 Word in Sch. 9 para. 13(2A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(2) (with Sch. 1 para. 43)

F17 Words in Sch. 9 para. 13(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

F18 Word in Sch. 9 para. 13(4) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18

F19 Words in Sch. 9 para. 13(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

[F20 14 [ F21 (1)]The Lord Chancellor shall draw up for [F22 the Agricultural Land Tribunal] and from time to time revise a panel of deputy-chairmen, who shall be [F23 persons eligible for appointment under paragraph 13(1). ]]

[F21 (2) A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of [F24 75].]

Textual Amendments

F20 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F21 Sch. 9 para. 14 renumbered as sub-paragraph (1) and sub-paragraph 14(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(4) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F22 Words in Sch. 9 para. 14(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(3) (with Sch. 3)

F23 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 6(2)

F24 Word in Sch. 9 para. 14(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(3) (with Sch. 1 para. 43)

[F25 15 (1) The Lord Chancellor shall draw up for [F26 the Agricultural Land Tribunal] and from time to time revise a panel of persons appearing to him to represent the interests of farmers and a panel of persons appearing to him to represent the interests of owners of agricultural land.

[F27 (1A) A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of [F28 75].]

(2) Subject to the following sub-paragraph, the persons to be placed on either panel shall be selected by the Lord Chancellor from nominations made at his request by persons appearing to him to represent the interests of farmers or of owners of agricultural land, as the case may be.

(3) The last foregoing sub-paragraph shall not prevent the Lord Chancellor from placing on either of the panels a person not nominated in accordance with that sub-paragraph, if the persons requested to make the nominations for that purpose do not make the required number of nominations, or the nominations they make do not include enough persons who appear to the Lord Chancellor to be suitable.]

Textual Amendments

F25 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F26 Words in Sch. 9 para. 15(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(4) (with Sch. 3)

F27 Sch. 9 para. 15(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 46(5) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.

F28 Word in Sch. 9 para. 15(1A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 2(4) (with Sch. 1 para. 43)

[F29 15A. (1) A member of the First-tier Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the Senior President of Tribunals, act as a member of the Agricultural Land Tribunal. E+W

[F30 (1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Agricultural Land Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the President of Welsh Tribunals, act as a member of the Agricultural Land Tribunal.]

(2) Every person while acting under this paragraph may perform the functions of a member of the Agricultural Land Tribunal.]

Textual Amendments

F29 Sch. 9 para. 15A inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(5) (with Sch. 3)

F30 Sch. 9 para. 15A(1A) inserted (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), ss. 62(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]

[F31 16 [F32 (1) Subject to paragraph 15A, for each hearing by the Agricultural Land Tribunal of an application or reference thereto, the members of the Agricultural Land Tribunal shall be—

(a) the chairman, or a person nominated by the chairman from the panel of deputy-chairmen, and

(b) one person nominated by the chairman from each of the panels drawn up under paragraph 15.]

(2) The chairman may, if it appears to him expedient so to do, nominate two assessors to be added to the Tribunal for the hearing of an application or reference thereto in order to assist the Tribunal in the hearing.

(3) The assessors shall be selected by the chairman from a panel of persons nominated by the President of the Royal Institution of Chartered Surveyors.]

Textual Amendments

F31 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F32 Sch. 9 para. 16(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(6) (with Sch. 3)

Modifications etc. (not altering text)

C1 Sch. 9 para. 16(1) modified by Land Drainage Act 1976 (c. 70), s. 42(1)

[F33 16A [F34 (1)] If the chairman of [F35 the Agricultural Land Tribunal] is prevented by sickness or any other reason from making nominations under sub-paragraphs (1) and (2) of the last foregoing paragraph or from otherwise discharging the duties of his office, those duties may be discharged by a person appointed from the panel of deputy-chairmen F36 ... by the chairman or, if the chairman is unable to make the appointment, by the [F37 Lord Chief Justice, after consulting the Lord Chancellor]]

[F38 (2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).]

Textual Amendments

F33 Sch. 9 paras. 13–16, 16A substituted for paras. 13-16 by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(2)

F34 Sch. 9 para. 16A(1): Sch. 9 para. 16A renumbered as Sch. 9 para. 16A(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

F35 Words in Sch. 9 para. 16A(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(7)(a) (with Sch. 3)

F36 Words in Sch. 9 para. 16A(1) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(7)(b) (with Sch. 3)

F37 Words in Sch. 9 para. 16A(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

F38 Sch. 9 para. 16A(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 33(3)(c); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

Modifications etc. (not altering text)

C2 Sch. 9 para. 16A extended by Land Drainage Act 1976 (c. 70), s. 42(2)

C3 Sch. 9 para. 16A applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 31(3), 76(2), (with ss. 67(3)(5)(8), 72(6), 74(3)(4))

17 (1) [F39 The Lord Chancellor] may by order direct that the foregoing provisions of this Schedule as to the nominated members of [F40 the Agricultural Land Tribunal] shall have effect subject to such modification of the number of such members, and such additions to the classes of persons referred to in paragraph 15 of this Schedule, as may be specified in the order.

(2) Any order under this paragraph shall be of no effect unless approved by resolution of each House of Parliament.

Textual Amendments

F39 Words substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. I para. 5(1)(3)

F40 Words in Sch. 9 para. 17(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(8) (with Sch. 3)

F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

18

Textual Amendments

F41 Sch. 9 para. 18 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I

Disqualifications for appointment E+W

19 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(2) A person shall be disqualified for being appointed or being a member of, or assessor to, [F43 the Agricultural Land Tribunal] so long as he is a member of any other body mentioned in the last foregoing sub-paragraph.

Textual Amendments

F42 Sch. 9 para. 19(1) repealed by House of Commons Disqualification Act 1957 (c. 20), Sch. 4 Pt. I

F43 Words in Sch. 9 para. 19(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(9) (with Sch. 3)

Validity of acts E+W

20 (1) Any body mentioned in the last foregoing paragraph shall have power to act notwithstanding any vacancy among its members.

(2) All acts done at any meeting of any such body shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment or disqualification of a person purporting to be a member thereof, be as valid as if that defect had not existed.

(3) Nothing in sub-paragraph (1) of this paragraph shall affect any requirement as to the number of members necessary to constitute a meeting of any such body as aforesaid.

F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

21

Textual Amendments

F44 Sch. 9 para. 21 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

Officers and Servants E+W

22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

(2) The Minister shall attach to . . . F46 [F47 the Agricultural Land Tribunal] such officers and servants of the Ministry as he may with the approval of [F48 the Minister for the Civil Service] determine to be required for providing the . . . F46 tribunals with the necessary officers and servants.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 Sch. 9 para. 22(1)(3) repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F46 Words repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

F47 Words in Sch. 9 para. 22(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(10) (with Sch. 3)

F48 Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)

Remuneration and Expenses E+W

23 (1) The Minister may pay to members of . . . F49 [F50 the Agricultural Land Tribunal] such remuneration (whether by way of salaries or of fees) as he may with the approval of [F51 the Minister for the Civil Service] determine.

(2) The Minister may pay to the members of any body mentioned in paragraph 19 of this Schedule and to the assessors to [F52 the Agricultural Land Tribunal] such allowances as he may with the approval of [F51 the Minister for the Civil Service] determine.

(3) The expenses of any body mentioned in paragraph 19 of this Schedule shall be defrayed by the Minister.

Textual Amendments

F49 Words repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F50 Words in Sch. 9 para. 23(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(11) (with Sch. 3)

F51 Words substituted by virtue of S.I. 1971/2099, arts. 2, 3, 6(5)

F52 Words in Sch. 9 para. 23(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 193(11) (with Sch. 3)

Proof of Instruments E+W

24 Any document purporting to be a document duly executed or issued . . . F53 on behalf of any such body as aforesaid shall, until the contrary is proved, be deemed to be a document so executed or issued, as the case may be.

Textual Amendments

F53 Words repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F54 F54 TENTH SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Sch. 10 repealed Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

Section 86.

ELEVENTH SCHEDULE E+W Application in relation to Mortgages and Charges of section 86 of Act

F55 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Sch. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

F55 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Sch. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

F56 F56 TWELFTH SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Sch. 12 repealed by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), Sch. Pt. I

F57 F57 THIRTEENTH SCHEDULE E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Sch. 13 repealed by Agriculture Act 1958 (c. 71), Sch. 3