Hill Farming Act 1946

Section 1.

FIRST SCHEDULE U.K. improvements which may be included in schemes for rehabilitation of hill farming land

1 U.K. Erection, alteration, enlargement or reconditioning of farm buildings.

2 U.K. [F1 Erection,] Alteration, enlargement or reconditioning of farm houses.

Textual Amendments

F1 Word inserted by S.I. 1949/548 (1949 I, p. 104)

3 U.K. Erection, improvement or reconditioning of cottages attached, or to be attached, to a [F2 farm]

Textual Amendments

F2 Word substituted by Livestock Rearing Act 1951 (c. 18), s. 5(a)

4 U.K. Making or improvement of roads or bridges [F3 and of piers, jetties or slips]

Textual Amendments

F3 Words added by S.I. 1949/2169 (1949 I, p. 105)

5 U.K. Making or improvement of watercourses, ponds or wells or of works for the application of water power or for the supply of water for agricultural or domestic purposes.

6 U.K. Execution of works for or in connection with the supply of electricity for agricultural or domestic purposes.

7 U.K. Provision [F4 or improvement] of accommodation for the dipping or treatment of sheep or cattle.

Textual Amendments

F4 Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)

8 U.K. Provision [F5 or improvement] of pens and other equipment for use for or in connection with the sheltering, gathering, marking, dipping or treatment of sheep or cattle.

Textual Amendments

F5 Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)

[F6 9 U.K. Construction or improvement of silos]

Textual Amendments

F6 Para. 9 substituted by Livestock Rearing Act 1951 (c. 18), s. 5(c)

10 U.K. Making or removal of permanent fences.

11 U.K. Restoration [F7 or improvement] of permanent fences.

Textual Amendments

F7 Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)

12 U.K. Provision [F8 or improvement] of grids designed or adapted to prevent the passage of sheep or cattle.

Textual Amendments

F8 Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)

13 U.K. Drainage.

14 U.K. Reclaiming of waste land.

15 U.K. Establishment of shelter belts.

16 U.K. Liming of land.

17 U.K. Application to land of purchased artificial or other purchased manure.

18 U.K. Laying down of permanent pasture.

19 U.K. Reseeding and regeneration of grazings and other cultural operations.

20 U.K. Removal of bracken, whins, gorse, bushes, scrub, stumps, roots [F9 boulders or other like obstructions to cultivation]

Textual Amendments

F9 Words substituted by Livestock Rearing Act 1951 (c. 18), s. 5(e)

21 U.K. Burning heather or grass or making muirburn.

22 U.K. Provision of machinery and implements.

23 U.K. Pest destruction.

Section 28.

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

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

1 The 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 [F10 regular 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

F10 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(1)

2 The valuer shall calculate an average price per ewe, and an average price per lamb, for the [F11 regular 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 [F11 regular 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 [F11 regular 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

F11 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(2)

3 The valuer shall then ascertain the mean of the average prices so calculated for the three preceding years for [F12 regular 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 [F12 regular cast]ewes” and the “three year average price for lambs”.

Textual Amendments

F12 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(3)

4 In the case of any sheep stock in which the number of [F13 regular 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 [F13 regular cast]ewes or of lambs sold, the three-year average price for [F13 regular 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 [F13 regular cast]ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.

Textual Amendments

F13 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(4)

5 The three year average price for [F14 regular cast]ewes shall be subject to adjustment by the valuer within the limits of [F15 [F16 twenty per cent]][F15 thirty 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”. [F17 The valuer shall similarly adjust the three year average price for lambs, and the resultant][F17 The 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

F14 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(a)

F15 Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(a)

F16 Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21

F17 Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(b)

6 In 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 [F18 thirty per cent of such value] per head;

(b) lambs shall be valued at the basic lamb value; [F19 so however that][F19 but]twin lambs [F20 however]shall be valued at such price as the valuer thinks proper;

(c) ewe hoggs shall be valued at [F21 two-thirds][F21 three quarters]of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of [F18 [F21 ten]per cent][F21 twenty 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

F18 Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21

F19 Word substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(6)

F20 Word inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(6)

F21 Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(7)

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

1 The valuer shall ascertain the number of, and the prices realised for, the [F22 regular 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 [F23 one-tenth][F23 one-fifth]of the total number of [F22 regular cast]ewes so sold in that year being the [F22 regular cast]ewes sold at the lowest prices.

Textual Amendments

F22 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(1)(a)(b)

F23 Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(1)(a)(b)

2 The mean of the average prices so calculated shall be subject to adjustment by the valuer within the limits of [F24 [F25 ten per cent]][F24 thirty 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

F24 Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(2)

F25 Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21

3 In 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 [F26 thirty 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 [F27 [F26 ten per cent]][F27 twenty 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

F26 Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21

F27 Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(3)

Part III U.K.

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

1 The three year average price for [F28 regular 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

F28 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 3

2 Any 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.

3 The 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.

4 Any 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 IV U.K. Interpretation

In this Schedule the expressions [F29 “regular 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

F29 Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 4