An Act to make certain amendments in the law relating to agriculture and agricultural land in connection with the present war.
[21st March 1940]
Modifications etc. (not altering text)
C1Act amended by Agriculture Act 1947 (c. 48), s. 96
Textual Amendments
F1Ss. 1–13 repealed by Agriculture Act 1957 (c. 57), Sch. 4 Pts. I, II
Textual Amendments
F2Ss. 1–13 repealed by Agriculture Act 1957 (c. 57), Sch. 4 Pts. I, II
Textual Amendments
F3Ss. 14, 16–21, 22(3)(4), 23–26 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
[F4[F5(1)Where a scheme for the field drainage of any agricultural land or for the cleansing or other improvement of ditches on any such land [F6or for the supply of water to any such land][F7or to any building used in connection with any such land]—
(a)has been submitted . . . F8 to the War Agricultural Executive Committee for the county or county borough in which the land is situated; and
(b)has been approved for the purposes of this section by that Committee;
the Minister may, out of moneys provided by Parliament, make, towards expenditure incurred by any person in carrying out the scheme, grants of such amounts and subject to such conditions as the Treasury may approve.]]
[F9(2)In assessing the amount of any compensation payable to a tenant of agricultural land, whether under the M1Agricultural Holdings Act, 1923, or under custom or agreement, by reason of the improvement of the land by mole drainage works in respect of which a grant has been made under this section, the grant shall be taken into account as if it had been a benefit allowed to the tenant in consideration of his executing the improvement, and the compensation shall be reduced accordingly.]
Textual Amendments
F4S. 15(1) repealed, except for the purposes of grants to statutory water undertakers, with saving by Agriculture Act 1970 (c. 40), ss. 29(6)(7), 113(3), Sch. 5 Pt. I and S.I. 1970/1758 *S. 15(2) repealed so far as relating to agricultural holdings with savings by Agricultural Holdings Act 1948 (c. 63), ss. 98–100, Sch. 8
F5S. 15(1) substitued by Agricultural (Miscellaneous War Provisions) (No. 2) Act 1940 (c. 50, SIF 2:1), s. 1(1)
F6Words inserted by Agriculture (Miscellaneous Provisions) Act 1941 (c. 50), s. 3
F7Words inserted by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 41(1)
F8Words repealed by Land Drainage Act 1961 (c. 48), Sch. 2
F9S. 15(2) repealed so far as relating to agricultural holdings with savings by Agricultural Holdings Act 1948 (c. 63, SIF 2:3), ss. 98-100, Sch. 8
Modifications etc. (not altering text)
C2S. 15 extended by Agriculture (Small Farmers) Act 1959 (c. 12), s. 2(2)(b)
C3Functions of War Agricultural Executive Committees under s. 15 now exercisable by Minister of Agriculture, Fisheries and Food (E.) and by Minister of Agriculture, Fisheries and Food and Secretary of State jointly (W.): S.I. 1948/187, 209 (Rev. I, pp. 83, 77: 1948 I, pp. 38, 55), 1957/1602 (1957 I, p. 85) and 1969/388
Marginal Citations
Textual Amendments
F10Ss. 14, 16–21, 22(3)(4), 23–26 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
(1)In this Part of this Act—
(a)the expression “agricultural land” has the meaning assigned to it by section twenty-nine of the Land Drainage Act, 1930, for the purposes of Part IV of that Act;
(b)the expression “dam” includes a lock, weir or other structure affecting the flow of water in any watercourse.
(2)This Part of this Act shall be construed as one with the Land Drainage Act, 1930, and may be cited together with that Act as the Land Drainage Acts, 1930 and 1940.
(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F11Ss. 14, 16–21, 22(3)(4), 23–26 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Modifications etc. (not altering text)
Textual Amendments
F12Ss. 14, 16–21, 22(3)(4), 23–26 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Textual Amendments
F13S. 27 repealed by Statute Law (Repeals) Act 1986 (c. 12), Sch. 1 Pt. II
Textual Amendments
F14S. 28 repealed by Agriculture Act 1957 (c. 57), s. 36(4), Sch. 4 Pt. I
Textual Amendments
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(2)For the purposes of this Part of this Act—
(a)the expression “agricultural holding” means a holding within the meaning of the M2Agricultural Holdings Act, 1923;
(b)the expression “the Minister” means the Minister of Agriculture and Fisheries.
Textual Amendments
F16Ss. 30(1), 31(2)(3)(5), 32(2)–(4) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Marginal Citations
This Act shall apply to Scotland subject to the following modifications:—
(1)In this Part of this Act—
(a)for any reference to the Minister of Agriculture and Fisheries there shall be substituted a reference to the Secretary of State;
(b)for references to the M3Agricultural Holdings Act, 1923, and to a contract of tenancy within the meaning of that Act, there shall be respectively substituted references to the M4Agricultural Holdings (Scotland) Acts, 1923 and 1931, and to a lease within the meaning of those Acts;
(c)for any reference to the War Agricultural Executive Committee for a county or a county borough there shall be substituted a reference to the Agricultural Executive Committee for any area to which the Secretary of State has delegated any of his powers under regulations made under the M5Emergency Powers (Defence) Act, 1939;
(d)for any reference to such a council as is mentioned in section twenty-one of the M6Land Settlement (Facilities) Act, 1919, there shall be substituted a reference to a local authority within the meaning of section twenty-two of the M7Land Settlement (Scotland) Act, 1919;
(e)the expression “owner” has the like meaning as in the M8Public Health (Scotland) Act, 1897,
(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
(4)Part III of this Act shall not apply.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Textual Amendments
F17Ss. 30(1), 31(2)(3)(5), 32(2)–(4) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Marginal Citations
(1)Part III of this Act and sections twenty-four, twenty-six and twenty-nine of this Act shall not extend to Northern Ireland and, in the application of the other provisions of this Act to Northern Ireland, the modifications hereafter specified in this section shall be made.
(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F18S. 32(5) repealed by Agriculture Act 1957 (c. 57), s. 36(4), Sch. 4 Pt. I
This Act may be cited as the Agriculture (Miscellaneous War Provisions) Act, 1940.
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Textual Amendments
F19Schs. 1–3 repealed by Agriculture Act 1957 (c. 57), s. 36(4), Sch. 4 Pts. I, II
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Textual Amendments
F20Schs. 1–3 repealed by Agriculture Act 1957 (c. 57), s. 36(4), Sch. 4 Pts. I, II
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Textual Amendments
F21Schs. 1–3 repealed by Agriculture Act 1957 (c. 57), s. 36(4), Sch. 4 Pts. I, II
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Textual Amendments
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Textual Amendments