- Latest available (Revised)
- Point in Time (02/02/1991)
- Original (As enacted)
Version Superseded: 25/09/1991
Point in time view as at 02/02/1991.
Hill Farming Act 1946 is up to date with all changes known to be in force on or before 06 September 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.
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Section 1.
1U.K.Erection, alteration, enlargement or reconditioning of farm buildings.
2U.K.[F1Erection,] Alteration, enlargement or reconditioning of farm houses.
Textual Amendments
F1Word inserted by S.I. 1949/548 (1949 I, p. 104)
3U.K.Erection, improvement or reconditioning of cottages attached, or to be attached, to a [F2farm]
Textual Amendments
F2Word substituted by Livestock Rearing Act 1951 (c. 18), s. 5(a)
4U.K.Making or improvement of roads or bridges [F3and of piers, jetties or slips]
Textual Amendments
F3Words added by S.I. 1949/2169 (1949 I, p. 105)
5U.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.
6U.K.Execution of works for or in connection with the supply of electricity for agricultural or domestic purposes.
7U.K.Provision [F4or improvement] of accommodation for the dipping or treatment of sheep or cattle.
Textual Amendments
F4Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)
8U.K.Provision [F5or 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
F5Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)
[F69U.K.Construction or improvement of silos]
Textual Amendments
F6Para. 9 substituted by Livestock Rearing Act 1951 (c. 18), s. 5(c)
10U.K.Making or removal of permanent fences.
11U.K.Restoration [F7or improvement] of permanent fences.
Textual Amendments
F7Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)
12U.K.Provision [F8or improvement] of grids designed or adapted to prevent the passage of sheep or cattle.
Textual Amendments
F8Words inserted by Livestock Rearing Act 1951 (c. 18), s. 5(b)(d)
13U.K.Drainage.
14U.K.Reclaiming of waste land.
15U.K.Establishment of shelter belts.
16U.K.Liming of land.
17U.K.Application to land of purchased artificial or other purchased manure.
18U.K.Laying down of permanent pasture.
19U.K.Reseeding and regeneration of grazings and other cultural operations.
20U.K.Removal of bracken, whins, gorse, bushes, scrub, stumps, roots [F9boulders or other like obstructions to cultivation]
Textual Amendments
F9Words substituted by Livestock Rearing Act 1951 (c. 18), s. 5(e)
21U.K.Burning heather or grass or making muirburn.
22U.K.Provision of machinery and implements.
23U.K.Pest destruction.
Section 28.
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 [F10regular 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
F10Words 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 [F11regular 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 [F11regular 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 [F11regular 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
F11Words 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 [F12regular 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 [F12regular cast]ewes” and the “three year average price for lambs”.
Textual Amendments
F12Words 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 [F13regular 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 [F13regular cast]ewes or of lambs sold, the three-year average price for [F13regular 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 [F13regular cast]ewes and for lambs respectively from similar stocks kept in the same district and under similar conditions.
Textual Amendments
F13Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(4)
5The three year average price for [F14regular cast]ewes shall be subject to adjustment by the valuer within the limits of [F15[F16twenty 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”. [F17The valuer shall similarly adjust the three year average price for lambs, and the resultant][F17The 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
F14Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(a)
F15Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(5)(a)
F16Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21
F17Words 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 [F18thirty per cent of such value] per head;
(b)lambs shall be valued at the basic lamb value; [F19so however that][F19but]twin lambs [F20however]shall be valued at such price as the valuer thinks proper;
(c)ewe hoggs shall be valued at [F21two-thirds][F21three quarters]of the combined basic values of a ewe and a lamb subject to adjustment by the valuer within the limits of [F18[F21ten]per cent][F21twenty 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
F18Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21
F19Word substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(6)
F20Word inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(6)
F21Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 1(7)
1The valuer shall ascertain the number of, and the prices realised for, the [F22regular 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 [F23one-tenth][F23one-fifth]of the total number of [F22regular cast]ewes so sold in that year being the [F22regular cast]ewes sold at the lowest prices.
Textual Amendments
F22Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(1)(a)(b)
F23Words 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 [F24[F25ten per cent]][F24thirty 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
F24Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(2)
F25Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21
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 [F26thirty 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[F26ten per cent]][F27twenty 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
F26Words substituted by Agriculture (Miscellaneous Provisions) Act 1963 (c. 11), s. 21
F27Words substituted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 2(3)
1The three year average price for [F28regular 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
F28Words 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.
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
F29Words inserted(S.) by S.I. 1986/1823, arts. 3, 4, Sch. para. 4
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