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Hill Farming Act 1946

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Changes over time for: SECOND SCHEDULE

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Version Superseded: 25/09/1991

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Status:

Point in time view as at 01/02/1991.

Changes to legislation:

Hill Farming Act 1946, SECOND SCHEDULE is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Section 28.

SECOND SCHEDULEU.K. Provisions as to valuation of sheep stocks in Scotland.

Part IU.K. provisions as to a valuation made in respect of a tenancy terminating at Whitsunday

1The Land Court or the arbiter (in Part I and Part II of this Schedule referred to as “the valuer”) shall ascertain the number of, and the prices realised for, the [F1regular cast]ewes and the lambs sold off the hill from the stock under valuation at the autumn sales in each of the three preceding years, and shall determine by inspection the number of, shotts present in the stock at the time of the valuation.

Textual Amendments

F1Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(1)

2The valuer shall calculate an average price per ewe, and an average price per lamb, for the [F2regular cast]ewes and lambs sold as aforesaid for each of the three preceding years. In calculating the average price for any year the valuer shall disregard such number of [F2regular cast]or lambs so sold in that year, being the ewes or lambs sold at the lowest prices, as bears the same proportion to the total number of [F2regular cast]ewes or lambs so sold in that year as the number of shotts as determined bears to the total number of ewes or lambs in the stock under valuation.

Textual Amendments

F2Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(2)

3The valuer shall then ascertain the mean of the average prices so calculated for the three preceding years for [F3regular cast]ewes and for lambs, respectively. The figures so ascertained or ascertained, in a case to which the next succeeding paragraph applies, in accordance with that paragraph, are in this Part of this Schedule referred to as the “three year average prices for [F3regular cast]ewes” and the “three year average price for lambs”.

Textual Amendments

F3Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(3)

4In the case of any sheep stock in which the number of [F4regular cast]ewes or the number of lambs sold off the hill at the autumn sales during the preceding three years has been less than half the total number of [F4regular cast]ewes or of lambs sold, the three-year average price for [F4regular cast]ewes or the three-year average price for lambs, as the case may be shall, in lieu of being ascertained by the valuer as aforesaid, be determined by the Land Court on the application of the parties; and the Land Court shall determine such prices by reference to the prices realised at such sales for [F4regular cast]ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.

Textual Amendments

F4Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(4)

5The three year average price for [F5regular cast]ewes shall be subject to adjustment by the valuer within the limits of [F6[F7twenty per cent]][F6thirty per cent]upwards or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes, and is in this Part of this Schedule referred to as the “basic ewe value”. [F8The valuer shall similarly adjust the three year average price for lambs, and the resultant][F8The valuer shall adjust the three year average price for lambs within the limits of twenty per cent upwards or downwards as he may think proper having regard to their quality and condition.The resultant]figure shall be the basis for the valuation of the lambs and is in this Part of this Schedule referred to as the “basic lamb value”.

Textual Amendments

F5Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(a)

F6Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(a)

F8Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(b)

6In making his award the valuer shall value the respective classes of stock in accordance with the following rules, that is to say—

(a)ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of [F9thirty per cent of such value] per head;

(b)lambs shall be valued at the basic lamb value; [F10so however that][F10but]twin lambs [F11however]shall be valued at such price as the valuer thinks proper;

(c)ewe hoggs shall be valued at [F12two-thirds][F12three quarters]of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of [F9[F12ten]per cent][F12twenty five]per head upwards or downwards as he may think proper, having regard to their quality and condition;

(d)tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance;

(e)eild sheep shall be valued at the value put upon the ewes subject to such adjustment as the valuer may think proper having regard to their quality and condition; and

(f)shotts shall be valued at such value not exceeding two-thirds of the value put upon good sheep of the like age and class on the farm as the valuer may think proper.

Textual Amendments

F10Word substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(6)

F11Word inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(6)

F12Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(7)

Part IIU.K. Provisions as to a valuation made in respect of a tenancy terminating at Martinmas

1The valuer shall ascertain the number of, and the prices realised for, the [F13regular cast]ewes sold off the hill from the stock under valuation at the autumn sales in the current year and in each of the two preceding years, and shall calculate an average price per ewe so sold for each of the said years. In calculating the average price for any year the valuer shall disregard [F14one-tenth][F14one-fifth]of the total number of [F13regular cast]ewes so sold in that year being the [F13regular cast]ewes sold at the lowest prices.

Textual Amendments

F14Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(1)(a)(b)

2The mean of the average prices so calculated shall be subject to adjustment by the valuer within the limits of [F15[F16ten per cent]][F15thirty per cent]upwards or downwards as he may think proper having regard to the general condition of the stock under valuation and to the profit which the purchaser may reasonably expect it to earn. The resultant figure shall be the basis of the valuation of the ewes and is in this Part of this Schedule referred to as the “basic ewe value”.

Textual Amendments

F15Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(2)

3In making his award the valuer shall assess the respective classes of stock in accordance with the following rules, that is to say—

(a)ewes of all ages (including gimmers) shall be valued at the basic ewe value with the addition of [F17thirty per cent of such value] per head;

(b)ewe lambs shall be valued at the basic ewe value subject to adjustment by the valuer within the limits of [F18[F17ten per cent]][F18twenty per cent]per head upwards or downwards as he may think proper having regard to their quality and condition; and

(c)tups shall be valued at such price as in the opinion of the valuer represents their value on the farm having regard to acclimatisation or any other factor for which he thinks it proper to make allowance.

Textual Amendments

F18Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(3)

Part IIIU.K.

Particulars required to be shown in an arbiter’s awardU.K.

1The three year average price for [F19regular cast]ewes and the three year average price for lambs ascertained under Part I, or the mean of the average prices calculated under Part II, of this Schedule, as the case may be.

Textual Amendments

F19Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 3

2Any amount added or taken away by way of adjustment for the purpose of fixing the basic ewe value or the basic lamb value, and the grounds on which such adjustment was made.

3The number of each class of stock valued (ewes and gimmers of all ages with lambs being taken as one class, and eild ewes and eild gimmers being taken as separate classes at a Whitsunday valuation, and ewes and gimmers of all ages being taken as one class at a Martinmas valuation) and the value placed on each class.

4Any amount added or taken away by way of adjustment in fixing the value of ewe hoggs at a Whitsunday valuation, or the value of ewe lambs at a Martinmas valuation, and the grounds on which such adjustment was made.

Part IVU.K. Interpretation

In this Schedule the expressions [F20regular cast ewes]ewe”, “gimmer”, “eild ewe”, “eild gimmer”, “lamb”, “ewe hogg”, “shott”, “eild sheep” and “tup” shall be construed as meaning respectively sheep of the classes customarily known by those designations in the locality in which the flock under valuation is maintained.

Textual Amendments

F20Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 4

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