- Latest available (Revised)
- Point in Time (02/02/1991)
- Original (As enacted)
Version Superseded: 01/12/1991
Point in time view as at 02/02/1991.
There are currently no known outstanding effects for the Agriculture (Miscellaneous Provisions) Act 1941 (repealed 5.11.1993).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to amend the law relating to agriculture (including bee-keeping) and agricultural land.
[11th November 1941]
Commencement Information
I1Act wholly in force at Royal Assent
Textual Amendments
F1S. 1 repealed by Statute Law (Repeals) Act 1986 (c. 12), Sch. 1 Pt. II
Textual Amendments
Textual Amendments
F3S. 3 repealed with saving by Agriculture Act 1970 (c. 40, SIf 2:1), Sch. 5 Pt. I
Textual Amendments
F4Ss. 4–6, 9, 10 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
(1)Section two of the Agriculture (Miscellaneous War Provisions) (No. 2) Act, 1940 (which provides for the recovery of expenses in respect of the improvement of ways over fen-land in internal drainage districts and for the maintenance of work done for the improvement of such ways) shall apply in relation to ways partly within an internal drainage district as well as in relation to ways wholly within such a district; and an order may be made under subsection (8) of that section requiring the internal drainage board of an internal drainage district to maintain the work done on any way which is partly within and partly not within that district as if the whole way were within that district, and references in that section to the internal drainage board of the internal drainage district in which the land over which the way runs is situated shall be construed accordingly.
(2)Where any sum is recoverable under the said section two from the owner of fen-land in respect of expenses incurred in connection with the improvement of any way over the land, and the land is held on any tenancy, he shall be entitled to recover from the tenant, and any assignee or successor of the tenant, interest on the said sum as from the date on which it became recoverable, at such rate as, in default of agreement between the owner and the tenant, may be fixed by the Treasury, and the interest shall be payable at the same times and be recoverable in the same manner as the rent payable under the tenancy.
In a case where the owner has elected to pay the said sum by instalments, the reference in this subsection to the date on which it became recoverable shall be construed as a reference to the date on which it would have become recoverable but for the election.
(1)Where work for the improvement of a way (not being a highway repairable by the inhabitants at large) over fen-land has been done under the authority of the Minister in the exercise of powers conferred by Defence Regulations, and no part of the way is within an internal drainage district, the following provisions of this section shall have effect.
(2)The expenses reasonably incurred in connection with the work may be recoverable from the owners of land the value of which for agricultural purposes will be increased by the doing of the work, and the provisions of the Third Schedule to this Act shall apply for that purpose, and where any sum is recoverable under the said Schedule as applied by this section, subsection (2) of the last preceding section shall apply as if the sum were recoverable under section two of the M1Agriculture (Miscellaneous War Provisions) (No.2) Act, 1940.
(3)If, either before or after the commencement of the work, the council of the county within which the way is situated notify the Minister in writing that they will undertake the maintenance of the work—
(a)the council shall maintain the work accordingly, for the benefit of all persons from time to time interested in any of the lands which have been charged under the Third Schedule to this Act with the expenses incurred in connection with the work;
(b)the Minister shall, as soon as may be after the completion of the work, deliver to the council a certificate in writing specifying the lands which have been charged as aforesaid and the proportion which, in the case of each parcel of land, the amount charged bore to the total amount charged under that Schedule in respect of the expenses incurred in connection with the work;
(c)whenever the council incur any expense in maintaining the work, they shall be entitled to recover as a debt from the owner of each of the said parcels such amount as bears to that expense the proportion specified in relation to that parcel in the certificate given by the Minister under paragraph (b) of this subsection;
(d)as from the delivery of the said certificate, the council shall be entitled to a charge on each of the said parcels for the said proportion of any expense incurred or to be incurred by them in the maintenance of the work.
(4)Any sum recoverable by a council under paragraph (c) of the last preceding subsection shall, without prejudice to any other mode for the recovery thereof, be recoverable summarily as a civil debt; and any charge under paragraph (d) of that subsection shall be a local land charge [F5and shall be registrable under section fifteen of the M2Land Charges Act, 1925], accordingly, and the council shall, for the purpose of enforcing the charge, have the same powers and remedies under the M3Law of Property Act, 1925, and otherwise as they would have if they were mortgages by deed having powers of sale and lease, of accepting surrenders of leases, and of appointing a receiver.
(5)In determining for the purposes of this section, and of the Third Schedule to this Act as applied by this section, whether, and the amount by which, the value for agricultural purposes of any land will be increased by the doing of the work, due regard shall be had to the provisions of the two last preceding subsections.
(6)In this section the expression “owner” has the meaning assigned to it by paragraphs 8 of the Third Schedule to this Act.
Textual Amendments
F5Words repealed (E.W.) with saving by Local land Charges Act 1975 (c. 76, SIF 98:2), s. 19, Sch. 2
Marginal Citations
Textual Amendments
F6Ss. 4–6, 9, 10 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Textual Amendments
F7S. 11 repealed by Bees Act 1980 (c. 12, SIF 2:1), s. 5(3)
Textual Amendments
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—
“the Minister” means [F9the Minister of Agriculture, Fisheries and Food];
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
“Defence Regulations” means Regulations made under the M4Emergency Powers (Defence) Acts, 1939 M5 and 1940;
“drainage”, “drainage authority”, “internal drainage board”, and “internal drainage district” have the same meanings as in the M6[F11Land Drainage Act 1976;]
“fen-land” shall be construed generally, and not as limited to land in that part of England commonly known as “the Fens”;
“local drainage district” means a drainage district other than a catchment area;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F9Words substituted by virtue of S. I. 1955/555
F10Definitions repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
F11Words substituted by virtue of Land Drainage Act 1976 (c. 70, SIF 73:1), Sch. 6 para. 9
Marginal Citations
This Act may be cited as the Agriculture (Miscellaneous Provisions) Act, 1941.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Schs. 1, 2, 4 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Sections 6 & 8.
1A proportion of the expenses shall be recoverable as a debt due to His Majesty from each owner of land the value of which will be increased by the doing of the work on whom a notice in writing requiring payment thereof is served by the Minister within one year from the completion of the work, and shall, without prejudice to any other mode for the recovery thereof, be recoverable by the Minister summarily as a civil debt.
2A notice served for the purposes of the preceding paragraph shall specify the sum which the owner on whom it is served is required to pay and the land in respect of which he is required to pay it, and that sum shall not exceed either of the following limits, that is to say—
(a)the amount by which the value for agricultural purposes of the specified land will be increased by the doing of the work;
(b)the same proportion of the expenses as the amount aforesaid bears to the amount by which the value for agricultural purposes of all the land affected will be increased by the doing of the work.
3Subject to the provisions of the two next succeeding paragraphs, the sum specified in such a notice shall become recoverable at the expiration of three months from the date of the service thereof.
4If an owner on whom such a notice is served claims that none of the land in his ownership will be increased in value for agricultural purposes by the doing of the work, or that the sum specified in the notice exceeds either of the limits mentioned in paragraph 2 of this Schedule, he may, by notice in writing served on the Minister at any time within the said three months, require his claim to be referred for determination by a single arbitrator appointed by agreement between him and the Minister, or, in default of such agreement, by the President of the Chartered Surveyors’ Institution and, if he does so, no sum shall be recoverable from him until his claim has been so determined, and—
(a)if it is determined that none of the land in his ownership will be increased in value as aforesaid, no part of the expenses shall be recoverable from him;
(b)if it is determined that the sum specified exceeds either of the said limits, the sum recoverable from him shall be that sum less such amount as the arbitrator may determine to be requisite in order to bring it within those limits.
5An owner on whom a notice for the purposes of paragraph 1 of this Schedule is served may, by notice in writing served on the Minister at any time within the said three months, or, if he has claimed a reference under the last preceding paragraph, at any time within one month from the date on which his claim has been determined, elect to pay any sum recoverable from him under this Schedule, together with interest thereon from the date on which that amount would otherwise have become recoverable from him, by such number of equal annual instalments, not exceeding five, as may be specified in his notice:
Provided that—
(a)the first instalment shall be payable within one year from the last-mentioned date; and
(b)the rate of interest shall, in default of agreement between the owner and the Minister, be fixed by the Treasury.
6Any amount recoverable under the preceding provisions of this Schedule shall be a charge on the land specified in the relevant notice served for the purpose of paragraph 1 hereof, and the Minister shall, for the purpose of enforcing the charge, have the same powers and remedies under the M7Law of Property Act, 1925, and otherwise as he would have if he were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases, and of appointing a receiver.
Marginal Citations
7A notice to be served for the purposes of this Schedule may be served in any manner specified in [F13section one hundred and eight of the M8Land Drainage Act 1976], in relation to notices required or authorised to be served under or by virtue of that Act.
Textual Amendments
F13Words substituted by virtue of Land Drainage Act 1976 (c. 70, SIF 73:1), Sch. 6 para. 9
Marginal Citations
8In this Schedule the expression “owner” in relation to land means the person who is receiving the rack rent of the land, whether on his own account or as agent or trustee for any other person, or would so receive the rack rent of the land if it were let at a rack rent, and in this paragraph the expression “rack rent” has the same meaning as in the M9Public Health Act, 1936.
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Schs. 1, 2, 4 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.