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Revised Statute from The UK Statute Law Database

Agriculture (Miscellaneous Provisions) Act 1972 (c. 62) (c. 62)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which means that subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2004 and 2008. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

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Agriculture (Miscellaneous Provisions) Act 1972 (c. 62)

1972 CHAPTER 62

Contents

Go to Preamble

  1. 1, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. 3. Seizure of milk etc. liable to spread disease

  3. 4. Furnishing by milk marketing boards of information derived from tests of milk

  4. 5.

  5. 6, 7.

  6. 8. Amendment of law relating to improvement of live stock

  7. 9. Amendments as to grants and loans in connection with alterations of farm structure

  8. 10. Conditions applicable to land where amalgamation or boundary adjustment has been assisted by a grant or loan

  9. 11. Grants for farm improvements

  10. 12. Payments into and out of Agricultural Marketing Funds, and abolition of Marketing Facilities Committees

  11. 13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  12. 14. Increase of fines

  13. 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  14. 16. Levies on processers and dealers in home-grown cereals

  15. 17. Abolition of requirements that dealings and returns relating to corn must be in hundred-weights

  16. 18. Power to obtain agricultural statistics by means of notices

  17. 19. Use of poison against grey squirrels and coypus

  18. 20. Recovery of expenses incurred by authority exercising default powers under orders made by virtue of Plant Health Act 1967

  19. 21. Abolition of agricultural executive committees etc

  20. 22. Abolition of agricultural wages committees in Scotland

  21. 23. Powers of Secretary of State in relation to certain parks, gardens etc. in Scotland

  22. 24. Recovery of possession of redundant farmhouses

  23. 25. Expenses and receipts

  24. 26. Interpretation and repeals

  25. 27. Short title, commencement and extent

  26. SCHEDULES 1, 2

    . .

  27. SCHEDULE 3

    . .

  28. SCHEDULE 4

    Sections 26(1) to (6) and 28(1) of Agriculture Act 1967 as Amended

  29. SCHEDULE 5

    Amendments relating to abolition of agricultural wages committees in Scotland

  30. SCHEDULE 6

    Repeals

An Act to make new provision for the prevention of diseases suffered or disseminated by animals and to amend the diseases of Animals Act 1950; to amend the law relating to slaughterhouses, to the slaughter of animals in Scotland and to the improvement of live stock; to amend Part II of the Agriculture Act 1967; to make new provision in relation to the Agricultural Marketing Fund and the Agricultural Marketing (Scotland) Fund; to increase the amount which may be advanced under section 2 of the Agriculture Mortgage Corporation Act 1956; to increase the penalties under the Agriculture (Poisonous Substances) Act 1952 and the Agriculture (Safety, Health and Welfare Provisions) Act 1956; to make new provision with respect to arbitrations under the Agricultural Holdings Act 1948; to amend the Cereals Marketing Act 1965; to amend the Corn Returns Act 1882 and the Corn Sales Act 1921; to make new provision for obtaining agricultural statistics; to make further provision as to the use of poison against grey squirrels or coypus; to clarify the Plant Health Act 1967 as respects the recovery of expenses incurred by an authority exercising default powers under orders made by virtue of that Act; to abolish agricultural executive committees and certain other committees having functions in relation to agriculture or apiculture; to confer powers on the Secretary of State in relation to certain parks and other land in Scotland; to repeal paragraph (f) of Case 14 in Schedule 3 to the Rent Act 1968 and paragraph (f) of Case 15 in Schedule 3 to the Rent (Scotland) Act 1971; and for purposes connected with those matters.

[9th August 1972]

Annotations:

Modifications etc. (not altering text)

C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C2Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1Act not in force at Royal Assent; Act wholly in force at 1.1.1974 see s. 27(2)(3).

1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 1, 2 repealed by Animal Health Act 1981 (c. 22, SIF 4:4), s. 10, Sch. 6

3 Seizure of milk etc. liable to spread disease

In section 13 of the M1 Agriculture (Miscellaneous Provisions) Act 1963 (which among other things provides for the seizure and disposal of carcases and other things including eggs with a view to preventing the spread of certain diseases and for the payment in certain cases of compensation for things seized} after the word “eggs” in subsection (1) there shall be inserted the words “milk, skim milk, whey, buttermilk, cream”.

Annotations:

Modifications etc. (not altering text)

C1The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11963 c. 11.

4 Furnishing by milk marketing boards of information derived from tests of milk

(1)The relevant Minister may, by a direction in writing given to the board administering a scheme under the M1Agricultural Marketing Act 1958 for regulating the marketing of cows’ milk, require the board to furnish in writing to any [F1enforcement authority] specified in the direction information of a description so specified, being information which is derived from tests of cows’ milk carried out (whether before or after the giving of the direction) by or by agreement with the board and is of a kind appearing to the relevant Minister to be required by the appropriate authority for the purposes of any [F1regulations relating to milk, dairies or dairy farms which were made under, or have effect as if made under, section 16 of the Food Safety Act 1990]; and notwithstanding anything in section 47 of the said Act of 1958 (which restricts disclosure of information) it shall be the duty of the board to comply with the direction.

(2)In the preceding subsection—

  • [F2“enforcement authority” has the same meaning as in the Food Safety Act 1990;] and

  • “the relevant Minister” means the Secretary of State in relation to the board administering such a scheme as aforesaid for any area in Scotland and the Minister in relation to the board administering such a scheme for any other area;

and a direction under the preceding subsection may require different information to be furnished to different authorities and may be varied or revoked by a subsequent direction under that subsection.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Annotations:

Amendments (Textual)

F1Words substituted as provided by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(1), Sch. 3 para. 15(1)

F2Definition substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(1), Sch. 3 para. 15(2)

F3Ss. 6, 7 repealed by Slaughter of Animals (Scotland) Act 1980 (c. 13, SIF 112), s. 24(2), Sch. 3

Marginal Citations

M11958 c. 47.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6, 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Amendment of law relating to improvement of live stock

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(5)Section 17(4) of the M1Agriculture (Miscellaneous Provisions) Act 1943 (which prohibits the export of animal semen except under licence) shall cease to have effect.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Annotations:

Amendments (Textual)

F1S. 8(1)—(4) repealed by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 16, Sch. 2

F2S. 8(6) repealed by Diseases of Animals Act 1975 (c. 40), s. 4, Sch. 2

Modifications etc. (not altering text)

C1The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11943 c. 16.

9 Amendments as to grants and loans in connection with alterations of farm structure

(1)Part II of the M1Agriculture Act 1967 (grants and loans in connection with alterations in farm structure) shall have effect with the amendments specified in subsections (2) to (6) of this section.

[F1(2)In section 26—

(a)in subsection (1)—

(i)for the words preceding paragraph (a) there shall be substituted the words “The appropriate Minister may in accordance with a scheme and subject to section 50 of the M2Agriculture Act 1970 make, out of money provided by Parliament, grants of amounts determined in such manner as may be provided by or under the scheme in connection with the carrying out of any of the following transactions approved by him in pursuance of that scheme, that is to say—” ;

(ii)after paragraph (b) there shall be inserted—

(bb)transactions securinf that, where the person occupying an intermediate unit or a commercial unit occupies any part or parts of it otherwise than as owner or as a tenant as defined in the Agricultural Holdings Act 1948 (or, in Scotland, the Agricultural Holdings (Scotland) Act 1949), he comes to occupy that part or all those parts as owner or as such a tenant, and ;

(iii)at the end of subsection (2) there shall be inserted the words “or, as respects transactions within subsection (1)(bb) of this section, cases where after the transaction has been effected the unit is not in single ownership” ;

(c)subsections (3) and (5) shall be omitted ;

(d)in subsection (6)—

(i)for the words preceding paragraph (a) there shall be substituted the words “Any approval in pursuance of a scheme under this section of an amalgamation or boundary adjustment—” ;

(ii)in paragraph (a) the words “the expenditure has been incurred or” shall be omitted.

(3)In section 27—

(a)in subsection (1) in the words preceding paragraph (a) for the words “relinquishes his occupation of an uncommercial unit” there shall be substituted the words “relinquishes his occupation of, or of part of, an uncommercial unit” ;

(b)after subsection (5A) there shall be inserted—

(5B)A scheme made by virtue of subsection (1)(a) or (b) of this section may make provision whereby a person is treated for the purposes of the scheme, to such extent and in such cases as may be prescribed—

(a)as the occupier of any land in respect of which he has granted, or agreed to grant, to another person a licence or tenancy of a kind not making that other person a renant as defined in the Agricultural Holdings Act 1948 (or, in Scotland, the Agricultural Holdings (Scotland) Act 1949) ;

(b)as relinquishing his occupation of that land if he relinquishes his remaining estate or interest in the land ;

(c)as relinquishing his occupation of, or of part of, an uncommercial unit of agricultural land if the land was, or was partof, such a unit immediately before he first granted or agreed togrant such a licence or tenancy as aforesaid ;

and, in relation to any provision made by virtue of this subsection, subsections (2), (4) and (5A) of this section shall not apply but provision may be made in this scheme for corresponding purposes.]

(4)In section 28(1) for paragraph (a) there shall be substituted—

(a)the costs of the amalgamation or boundary adjustment consisting of surveyor’s fees and legal costs, stamp duty on any conveyance lease, tenancy agreement or mortgage or heritable security and any compensation for disturbance under section 34 of the Agricultural Holdings Act 1948 or section 35 of the Agricultural Holdings (Scotland) Act 1949, or

(aa)expenditure incurredin the carrying out or provision of works or facilities which the appropriate Minister considers to be necessary or desirable as a consequence of the amalgamation, or to be necessary as a consequence of the boundary adjustment, or ; and for the words “or expenditure under both paragraphs (a) and (b) above” there shall be substituted the words “or expenditure under all or any two of paragraphs (a), (aa) and (b) above”.

[F1(5)In section 39 (application to Northern Ireland) after subsection (5) there shall be inserted—

(5A)Sections 26(1)(bb) and 27(5B) of this Act shall, in their application to Northern Ireland, have effect as if references to a tenant as defined in the Acts there mentioned were references to a tenant who holds under a contract of tenancy for a life or lives for a term of years.]

(6)In section 40(3) (uncommercial unit not to include dwelling houses) after the words “exclusive of any one dwelling house of the unit” there shall be inserted the words “or of an area sufficient to provide a site for one dwelling house”.

(7)In section 50 of the M3Agriculture Act 1970 (which among other things precludes the making of certain grants to smallholdings authorities under schemes made under section 26 of the said Act of 1967 unless an application for the grant has been made within five years from the date when the scheme comes into operation) for the words “within five years from the date when the scheme comes into operation” there shall be substituted the words “before the end of 1975”.

[F1(8)Any scheme made by virtue of section 26 of the said Act of 1967 as that section had effect before the passing of this Act shall (without prejudice to its variation or revocation by a subsequent scheme) continue to have effect as if this Act had not been passed.]

(9)Sections [F226(1) to (6) and] 28(1) of the said Act of 1967 as amended by this section are set out in Schedule 4 to this Act.

Annotations:

Amendments (Textual)

F1Ss. 9(2)(3)(5)(8), 10(1)(2)(4) repealed (N.I.) by S.I. 1987/166 (N.I. 1), art. 20, Sch.

F2Words repealed (N.I.) by S.I. 1987/166 (N.I. 1), art. 20, Sch.

Modifications etc. (not altering text)

C1The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11967 c. 22.

M21970 c. 40.

M31970 c. 40.

10 Conditions applicable to land where amalgamation or boundary adjustment has been assisted by a grant or loan

[F1(1)Subsections (7) and (8) of section 26 of the Agriculture Act 1967 (which apply the conditions in Schedule 3 to that Act to agricultural units where certain grants have been paid) shall not apply in relation to the payment of—

(a)any grant under a scheme made under that section or section 27 of that Act after the passing of this Act; or

(b)any grant under section 29 of the M1Agriculture Act 1970 in respect of any work or facility certified under the said section 26 in connection with an amalgamation or boundary adjustment approved under any scheme made under the said section 26 after the passing of this Act.

(2)Where, by reason of the payment of a grant under a scheme made under the said section 27 before the passing of this Act, any land became subject to the provisions of the said Schedule 3, that land shall cease to be subject to those provisions if, by virtue of transitional provisions in a scheme made under that section after the passing of this Act, the approval in consequence of which the grant was paid falls to be treated as if given under the latter scheme.]

(3)Subsections (6) and (7) of section 28 of the said Act of 1967 (which apply the conditions in the said Schedule 3 to agricultural units where loans or guarantees have been made or given under that section) shall not apply in relation to any loan or guarantee in connection with an amalgamation or boundary adjustment approved under a scheme made under the said section 26 after the passing of this Act or treated by virtue of transitional provisions in such a scheme as approved thereunder.

[F1(4)In making a grant under the said section 26 the appropriate Minister may impose such conditions as he thinks fit; and any such conditions, and any conditions imposed under section 28(5) of the said Act of 1967 or section 29(3) of the said Act of 1970, may require the recipient of the grant or loan, or the person whose indebtedness is guaranteed, to make such payments or repayments to the appropriate Minister in such circumstances as may be specified in the conditions.]

(5)Paragraph 1 of the said Schedule 3 (duration of conditions imposed by that Schedule) shall have effect, and be deemed always to have had effect, with the substitution for the words “fifteen years” of the words “five years”.

Annotations:

Amendments (Textual)

F1Ss. 9(2)(3)(5)(8), 10(1)(2)(4) repealed (N.I.) by S.I. 1987/166 (N.I. 1), art. 20, Sch.

Modifications etc. (not altering text)

C1The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11970 c. 40.

11 Grants for farm improvements

In subsection (9) of section 30 of the M1Agriculture Act 1967 (which limits the grants referred to in that subsection to one hundred and seventy million pounds) for the words “one hundred and seventy million pounds” there shall be substituted the words “one hundred and eighty million pounds”.

Annotations:

Modifications etc. (not altering text)

C1The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11967 c. 22.

12 Payments into and out of Agricultural Marketing Funds, and abolition of Marketing Facilities Committees

(1)If the Minister considers that the sums standing to the credit of the Agricultural Marketing Fund should be reduced, he may pay such sums as he thinks fit out of that Fund into the Consolidated Fund; and if the Secretary of State considers that the sums standing to the credit of the Agricultural Marketing (Scotland) Fund should be reduced, he may pay such sums as he thinks fit out of that Fund into the Consolidated Fund:

Provided that nothing in this subsection shall be construed as conferring authority on the Minister or Secretary of State to wind up the Agricultural Marketing Fund or, as the case may be, the Agricultural Marketing (Scotland) Fund.

(2)The limits imposed by subsection (3) of section 22 of the M1Agricultural Marketing Act 1958 on the sums which may be paid put of money provided by Parliiament into the Marketing Funds mentioned in the preceding subsection are hereby abolished; and accordingly for paragraphs (a) and (b) of the said subsection (3) (which provide that sums payable out of money so provided into each of those funds shall not in the aggregate exceed the difference between £500,000 in the case of the English Fund and £125,000 in the case of the Scottish fund and the sums paid into the fund in question under section 11(2) of the M2Agricultural Marketing Act 1931) there shall be substituted the words “into the English fund and the Scottish fund repectively such sums”.

(3)Section 23 of the M3Agricultural Marketing Act 1958 (which provides for the appointment of Agricultural Marketing Facilities Committees for England and Wales, for Scotland and for Great Britain) shall cease to have effect; and accordingly—

(a)the committees mentioned in that section are hereby abolished;

(b)in section 24(4) of that Act for the words from “renewal is recommended” to “they are” there shall be substituted the words “Minister is” and in section 53(5) of that Act after the words “consumers’ committees” there shall be inserted the word “and” ; and

(c)the following provisions of that Act shall be omitted, that is to say—

(i)in section 24(1) and 25 the words “on the recommendation of the appropriate Agricultural Marketing Facilities Committee” and in section 24(1) the proviso,

(ii)in section 53(5) the words from “and Agricultural” to “Scotland”,

(iii)in Schedule 3, paragraph 4 of Part II, paragraph 5 of Part V and paragraph 5 of Part VI.

Annotations:

Modifications etc. (not altering text)

C1The text of ss. 3, 8(5), 9(4)(6)(7), 10(5), 11, 12(2),(3) (b)(c), 17(1), Sch. 5, Sch. 6 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11958 c. 47.

M21931 c. 42.

M31958 c. 47.

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 13 repealed by Agriculture (Miscellaneous Provisions) Act 1976 (c. 55, SIF 2:1), s. 26, Sch. 4 Pt. II

14 Increase of fines

In section 4(2) of the M1Agriculture (Poisonous Substances) Act 1952 and section 14(1) of the M2Agriculture (Safety, Health and Welfare Provisions) Act 1956 (which provide that a person guilty of an offence under either of those Acts shall be liable on summary conviction to a fine not exceeding fifty pounds) for the word “fifty” there shall be substituted the words “two hundred”; but nothing in this section affects the amount of the fine which may be imposed in respect of an offence committed before the passing of this Act.

Annotations:

Marginal Citations

M11952 c. 60.

M21956 c. 49.

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 15 repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 101, Sch. 13 para. 3, Sch. 15 Pt. I

16 Levies on processers and dealers in home-grown cereals

(1)In [F1subsection (1) of] section 16 of the M1Cereals Marketing Act 1965 [F1(which enables the Home-Grown Cereals Authority to prepare schemes for imposing levies on growers of home- grown cereals) for the words from “for imposing” onwards there shall be substituted the words “for impossing a levy on persons or classes of persons specified in the scheme who are growers or processors of or dealers in home-grown cereals of a kind specified in the scheme”; and acccordingly]in subsection (6) [F1of that section] for the words “growers of home-grown cereals” there shall be substituted the words “the persons or classes of persons specified in the scheme as liable to a levy on home-grown cereals”.

(2)In subsection (4) of section 16 of that Act (which makes provision for the Ministers by order to approve, modify or revoke a scheme) after the words “Ministers by order” there shall be inserted the words “after consultation with such persons or organisations as appear to the Ministers to represent the interests concerned”.

(3)In section 24(5) of that Act (which among other things provides that any reference in that Act toa person who processes home-grown cereals is a reference to a person who applies an industrial process to home-grown cereals in the course of a business carried on by him) before the words “in the course of” there shall be inserted the words “with a view to selling the processed cereals”.

Annotations:

Amendments (Textual)

F1Words repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4 (the repeal being in force 25.9.1986 unless consequential on sections 8 to 10 of the 1986 Act as mentioned in s. 24 of that Act which latter repeals are (prosp.))

Marginal Citations

M11965 c. 14.