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Hill Farming Act 1946

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This is the original version (as it was originally enacted).

3Contents, submission and approval of improvement schemes

(1)A hill farming land improvement scheme shall describe the improvements proposed, the work required for making the improvements and the land on which the work is to be done, and shall specify, as respects each item of the work therein described, some person as the person responsible for doing that work.

(2)Such a scheme may be. submitted by any person having an interest in the land for the benefit of which improvements are thereby proposed, or by any person desiring to acquire such an interest as aforesaid in the event of the scheme's being approved, or by two or more such persons, and the appropriate Minister may approve such a scheme submitted as aforesaid either with or without modifications.

(3)References in this Act to work done in accordance with an approved hill farming land improvement scheme shall be construed, as respects work done at any time, as references to work described in such a scheme (as it stands at that time, whether as approved or as varied under any of the provisions of this Act in that behalf) and done on the land therein described as the land on which the work is to be done by the person therein specified as the person responsible for doing the work.

(4)Every person who has an interest in land on which, in accordance with such a scheme as approved or as varied as aforesaid, any work is to be done, and who has joined in submitting the scheme or consented to the approval thereof, or has consented to the variation thereof, as the case may be, and every person deriving title to any interest in that land through or under or in succession to any such person, shall be under obligation to permit the doing on the land of all things reasonably necessary to be done thereon for the doing of the work and the maintenance of the improvement.

(5)Before approving or varying such a scheme the appropriate Minister shall satisfy himself that the person or persons who will be responsible under the scheme as approved, or as varied as aforesaid, as the case may be, for doing the work described therein is or are willing that the work for which he or they respectively will be, so responsible should be done by him or by them respectively, and that he or they will be in a position to do it having regard to the provisions of the last preceding subsection and to the nature of the interest or interests in the land of the persons who have joined or consented as aforesaid.

(6)The person specified in such a scheme as the person responsible for doing any work may make arrangements with the appropriate Minister or the appropriate local committee constituted under this Act for the doing of the work by the said Minister of committee instead of that person, but at his expense and so that for the purposes of improvement grant the work shall be treated as having been done by that person.

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