Barbados - Economic memorandum
The Minister may make provision for the supply to any person of any services or goods relating to—
the production and marketing of agricultural produce and other food;
the conservation and enhancement of the natural beauty and amenity of the countryside; or
any other agricultural activity or other enterprise of benefit to the rural economy.
The provision which may be made under this section includes, in particular, provision for—
the giving of information, advice, instruction and training;
the undertaking of research and development;
the examination or testing of any substance;
the supply of veterinary services and of goods required for veterinary purposes;
the performance of any service required in connection with the drainage of agricultural land.
The provision which may be made under this section includes provision for any services or goods mentioned in subsection (1) above to be supplied—
through any person with whom the Minister enters into a contract for the making of the supply; or
through any organisation established by him for the purposes of this section.
Any services or goods provided by virtue of this section may be provided free of charge or for such reasonable charge as the Ministers may determine.
For the purposes of this section the conservation of the natural beauty of the countryside includes the conservation of flora and fauna and geological and physiographical features.
In this section—
“food” has the same meaning as in the Food Safety Act 1990; and
Until an order is made under subsection (2) above abolishing the Authority they shall exercise their functions solely in accordance with directions given to them by the Ministers with a view to bringing the activities of the Authority to an end.
If after the abolition of the Authority it appears to the Ministers that any property vested in them by virtue of this section is not required for the purpose of satisfying the liabilities vested in them by virtue of this section, the Ministers may dispose of that property for the benefit of persons engaged by way of business in the production, marketing or processing of eggs in such manner as the Ministers think appropriate.
In this section " appointed date " means such date as the Ministers may by order specify for the purposes of subsection (1) above and any expressions used in this section which are defined in section 1 of the Agriculture Act 1970 shall be construed in accordance with that section.
The power to make an order under this section shall be exercisable by statutory instrument.
in relation to services or goods provided in Wales, the Secretary of State,
“agriculture” has the same meaning as in the Agriculture Act 1947;
in relation to services or goods provided in England, the Minister of Agriculture, Fisheries and Food; and
in relation to services or goods provided in Wales, the Secretary of State,
In section 16 of the Plant Varieties and Seeds Act 1964 (seeds regulations) after subsection (5) there shall be inserted—.
After section 4 of the Plant Health Act 1967 there shall be inserted the following section—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Cereals Marketing Act 1965 shall have effect subject to the following amendments (which relate to the constitution and functions of the Home-Grown Cereals Authority).
In subsection (1) of section 1 of that Act (establishment of the Authority for the purpose of improving the marketing of home-grown cereals) for the word " marketing " there shall be substituted the words " production and marketing ".
For subsections (2) to (4) of that section (membership of the Authority) there shall be substituted—.
Sections 2 to 5 (bonus payments in respect of forward contracts and deliveries of cereals) and Part II (trading functions of Home-Grown Cereals Authority) of that Act shall cease to have effect.
In section 6 of that Act (non-trading functions of Home-Grown Cereals Authority) in subsection (5)—
connection with any matter relating to—
for the words " the marketing of cereals " there shall be substituted the words " the production or marketing of cereals " ; and
for paragraph (b) there shall be substituted—.
In paragraph 10 of Schedule 1 to that Act (appointment by the Home-Grown Cereals Authority of advisory committees)—
at the beginning of sub-paragraph (1) there shall be inserted the words " Subject to sub-paragraph (1A) below, " ; and
after that sub-paragraph there shall be inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 14 (alternative methods of raising levy) and section 15 (levy recovered wholly or mainly by deduction) of the Cereals Marketing Act 1965 shall cease to have effect.
For subsection (1) of section 16 of that Act (preparation and submission of schemes for imposing levies) there shall be substituted—.
In subsection (2) of that section (by virtue of which such schemes may provide for the registration of such growers, dealers and processors and require them to furnish information and keep records) for the words " any persons who are growers of, or dealers in, home-grown cereals or who process home-grown cereals " there shall be substituted the words " any such persons as are mentioned in subsection (1) above ".
After that subsection there shall be inserted—.
For section 20(2) of that Act (disclosure of information to Home-Grown Cereals Authority) there shall be substituted—.
In section 24 of that Act (interpretation)—
in subsection (4)(a) (under which orders under section 13 may include provision as to the circumstances in which cereals shall be treated as delivered) after the words " specified in " there shall be inserted the words " the order ";
in subsection (5) (which defines a dealer in home-grown cereals as a person trading as a wholesale buyer and seller of such cereals and a processor of home-grown cereals as a person who applies an industrial process to such cereals with a view to selling the processed cereals in the course of his business) for the words " wholesale buyer and seller " there shall be substituted the words " wholesale buyer or seller " and the words " with a view to selling the processed cereals " shall be omitted.
In Schedule 3 to that Act (supplementary provisions concerning levies), for paragraphs 4 to 6 there shall be substituted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Ministers may, if they think fit, by order provide that the provisions of the Cereals Marketing Act 1965 shall apply in relation to any such crop falling within subsection (2) below as may be specified in the order as if it were a kind of cereals and, in the case of a crop grown in the United Kingdom, a kind of home-grown cereals within the meaning of that Act.
The crops referred to in subsection (1) above are—
herbage seed, flax and any seed grown with a view to the production of oil from it;
peas and beans grown for harvesting in a dried state;
any crop (except grass) normally grown only for use in feeding livestock;
any other arable crop (except sugar, hops, potatoes or any horticultural produce within the meaning of section 8(1) of the Horticulture Act 1960).
Before making an order under this section in respect of any crop the Ministers shall consult the Home-Grown Cereals Authority and such persons or organisations as appear to them to represent the interests concerned.
An order under this section may make such modifications of the Cereals Marketing Act 1965 as the Ministers consider necessary or expedient in consequence of the provisions of the order.
The power to make an order under this section shall be exercisable by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
In this section "the Ministers" has the same meaning as in that Act.
In section 24 of that Act (interpretation)—
in subsection (2)—
in the definition of "home-grown cereals" for the words "or rye" there shall be substituted the words "rye, maize or triticale", and
after the definition of "related product" there shall be inserted—; and
in subsection (3) for the words "and rye" there shall be substituted the words "rye, maize and triticale".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1(3) of the Agriculture Act 1967 (maximum number of members of the Meat and Livestock Commission) for the word "ten" there shall be substituted the word "fifteen".
In section 13 of that Act (levy to meet the Commission's expenses)—
at the end of subsection (1) there shall be inserted the words "; and a levy scheme may make different provision in relation to charges to be imposed to meet expenses incurred by the Commission for different purposes";
after that subsection there shall be inserted—;
in subsection (4) (maximum charges)—
the word "and" at the end of paragraph (a) shall be omitted, and
at the end of paragraph (b) there shall be inserted the words and;
in subsection (6) (provision in levy schemes for persons on whom levy imposed to recover all or a specified part of sums paid by them from others) the words "all or a specified part of" shall be omitted; and
after that subsection there shall be inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Agricultural Marketing Act 1983 shall have effect subject to the following amendments (being amendments relating to the constitution and funding of Food from Britain).
In section 1(2) (Food from Britain to consist of no fewer than thirteen and no more than fifteen members) for the word "fifteen" there shall be substituted the words "twenty-one".
In section 7 (grants etc. by Ministers)—
at the end of subsection (1) there shall be inserted the words "and such grants may be made subject to such conditions as the Ministers may with the approval of the Treasury impose"; and
at the end of subsection (2) there shall be inserted the words "and any such sums may be lent subject to such conditions as the Ministers may with the approval of the Treasury impose".
For paragraph 5 of Schedule 1 (payment by Ministers of remuneration etc. to members of Food from Britain) there shall be substituted—.
In paragraph 6 of that Schedule (amount of remuneration etc. of members of committees of Food from Britain to be determined by Food from Britain with the approval of the Ministers and the Treasury) the words "with the approval of the Ministers and the Treasury" shall be omitted.
In paragraph 11(2) of that Schedule (amount of remuneration etc. of officers and servants of Food from Britain to be determined by Food from Britain with the approval of the Ministers and the Treasury) the words "with the approval of the Ministers and the consent of the Treasury", in each place where they occur, and the words "with such approval" shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On the appointed date the property, rights and liabilities of the Eggs Authority shall vest in the Ministers.
The accounting period of the Authority in which the day preceding the appointed date falls shall end with that day (if it would not otherwise have done so) and as soon as the Ministers are satisfied that the requirements of section 20 of the Agriculture Act 1970 (reports and accounts) have been complied with in respect of that and previous accounting periods,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After paragraph 5 of Schedule 1 to the Agricultural Marketing Act 1958 (amendment and revocation of agricultural marketing schemes) there shall be inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 1 to this Act shall have effect in connection with the payment to certain agricultural tenants on the termination of their tenancies of compensation in respect of milk quota (within the meaning of that Schedule).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
tenants of agricultural holdings within the meaning of the Agricultural Holdings (Scotland) Act 1949;
landholders within the meaning of section 2 of the Small Landholders (Scotland) Act 1911;
statutory small tenants within the meaning of section 32(1) of that Act;
crofters within the meaning of section 3(2) of the Crofters (Scotland) Act 1955,
Where there is a reference under section 12 of the Agricultural Holdings Act 1986 (arbitration of rent) in respect of land which comprises or is part of a holding in relation to which quota is registered under the Dairy Produce Quotas Regulations 1986 which was transferred to the tenant by virtue of a transaction the cost of which was borne wholly or partly by him, the arbitrator shall (subject to any agreement between the landlord and tenant to the contrary) disregard—
in a case where the land comprises the holding, any increase in the rental value of the land which is due to that quota (or, as the case may be, the corresponding part of that quota); or
in a case where the land is part of the holding, any increase in that value which is due to so much of that quota (or part) as would fall to be apportioned to the land under those Regulations on a change of occupation of the land.
In determining for the purposes of this section whether quota was transferred to a tenant by virtue of a transaction the cost of which was borne wholly or partly by him—
any payment made by the tenant in consideration for the grant or assignment to him of the tenancy or any previous tenancy of any land comprised in the holding, shall be disregarded;
any person who would be treated under paragraph 2, 3 or 4 of Schedule 1 to this Act as having had quota transferred to him or having paid the whole or part of the cost of any transaction for the purposes of a claim under that Schedule shall be so treated for the purposes of this section; and
any person who would be so treated under paragraph 4 of that Schedule if a sub-tenancy to which his tenancy is subject had terminated, shall be so treated for the purposes of this section.
In this section—
" quota " and " holding " have the same meanings as in the Dairy Produce Quotas Regulations 1986;
in relation to land in Wales or Scotland, the Secretary of State.
“agricultural” has the same meaning as in the Agriculture Act 1947 or, in Scotland, the Agriculture (Scotland) Act 1948;
“tenant” and “tenancy” have the same meanings as in the Agricultural Holdings Act 1986.
Section 95 of that Act (Crown land) applies to this section as it applies to the provisions of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 1 and the other provisions of Schedule 2 to this Act referred to therein shall have effect for the interpretation of this section, as they do in relation to that Schedule.
This section applies where an arbiter or the Scottish Land Court is dealing with a reference under— (determination of rent) and the tenant has milk quota, including transferred quota by virtue of a transaction the cost of which was borne wholly or partly by him, registered as his in relation to a holding consisting of or including the tenancy.
section 6 of the 1886 Act;
section 32(7) of the 1911 Act;
section 7 of the 1949 Act; or
section 5(3) of the 1955 Act,
Where this section applies, the arbiter or, as the case may be, the Land Court shall disregard any increase in the rental value of the tenancy which is due to—
where the tenancy comprises the holding, the proportion of the transferred quota which reflects the proportion of the cost of the transaction borne by the tenant;
where such transferred quota affects part only of the tenancy, that proportion of so much of the transferred quota as would fall to be apportioned to the tenancy under the 1986 Regulations on a change of occupation of the tenancy.
For the purposes of determining whether transferred quota has been acquired by virtue of a transaction the cost of which was borne wholly or partly by the tenant any payment by a tenant when he was granted a lease, or when a lease was assigned to him, shall be disregarded.
Paragraph 3 of Schedule 2 to this Act (in so far as it relates to transferred quota) shall apply in relation to the operation of this section as it applies in relation to the operation of that Schedule.
This section shall apply where paragraph 4 of Schedule 2 to this Act applies, and in any question between the original landlord and the head tenant, this section shall apply as if any transferred quota acquired by the sub-tenant by virtue of any transaction during the subsistence of the sub-lease had been acquired by the head tenant by virtue of that transaction.
Section 86 of the 1949 Act (Crown land) shall have effect in relation to this section as it does in relation to that Act.
In discharging any functions connected with agriculture in relation to any land the Minister shall, so far as is consistent with the proper and efficient discharge of those functions, have regard to and endeavour to achieve a reasonable balance between the following considerations—
the promotion and maintenance of a stable and efficient agricultural industry;
the economic and social interests of rural areas;
the conservation and enhancement of the natural beauty and amenity of the countryside (including its flora and fauna and geological and physiographical features) and of any features of archaeological interest there; and
the promotion of the enjoyment of the countryside by the public.
In this section—
" agriculture " has the same meaning as in the Agriculture Act 1947 or, in Scotland, the Agriculture (Scotland) Act 1948; and
“agriculture” has the same meaning as in the Agriculture Act 1947 or, in Scotland, the Agriculture (Scotland) Act 1948; and
in relation to an area in Wales or Scotland, the Secretary of State.
“the Minister” means— and “the Ministers” means those Ministers acting jointly.
in relation to services or goods provided in England, the Minister of Agriculture, Fisheries and Food; and
in relation to an area in England, the Secretary of State; and
If it appears to the Minister that it is particularly desirable— and that the maintenance or adoption of particular agricultural methods is likely to facilitate such conservation, enhancement or protection, he may, with the consent of the Treasury and after consulting the persons mentioned in subsection (2) below as to the inclusion of the area in the order and the features for which conservation, enhancement or protection is desirable, by order designate that area as an environmentally sensitive area.
to conserve and enhance the natural beauty of an area;
to conserve the flora or fauna or geological or physiographical features of an area; or
to protect buildings or other objects of archaeological, architectural or historic interest in an area,
The persons referred to in subsection (1) above are—
in the case of an area in England, ... Natural England;
in the case of an area in Wales, the Natural Resources Body for Wales; and
in the case of an area in Scotland, Scottish Natural Heritage.
If the Minister considers that any of the purposes mentioned in paragraphs (a) to (c) of subsection (1) above is likely to be facilitated in a designated area by doing so, he may make an agreement with any person having an interest in agricultural land in, or partly in, the area by which that person agrees in consideration of payments to be made by the Minister to manage the land in accordance with the agreement.
An order under this section designating an area may specify—
the requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in agreements under subsection (3) above as respects land in the area;
the period or minimum period for which requirements included in such agreements under paragraph (a) or paragraph (aa) above must be imposed;
the requirements as to public access which may be included in such agreements
the provisions which must be included in such agreements concerning the breach of such requirements; and
the rates or maximum rates at which payments may be made by the Minister under such agreements and the matters in respect of which such payments may be made.
Subject to the foregoing provisions of this section, an agreement under subsection (3) above may contain such provisions as the Minister thinks fit and, in particular, such provisions as he considers are likely to facilitate such conservation, enhancement or protection as is mentioned in subsection (1) above.
Where the Minister considers it necessary for the purposes of Article 10 or 20 of Commission Regulation (EC) No. 746/96 (aid for agricultural production methods compatible with protection of the environment: combination of aids, and penalties), an agreement under subsection (3) may contain–
provision requiring the payment of penalties to the Minister in the case of breach of the agreement, and
provision for payments by the Minister to be withheld in specified circumstances.
The Minister shall not make an agreement with any person under subsection (3) above in respect of any land unless that person has certified to the Minister— and in this subsection references to the owner of the land are to the estate owner in respect of the fee simple in the land or, in Scotland, the owner of the dominium utile.
that no person other than he is the owner of the land; or
that he has notified any other person who is an owner of the land of his intention to make an agreement under subsection (3) above in respect of the land;
The provisions of an agreement under subsection (3) above with any person interested in any land in England or Wales shall, unless the agreement otherwise provides, be binding on persons deriving title under or from that person and be enforceable by the Minister against those persons accordingly.
Where agreements have been made under subsection (3) above with persons having an interest in land in a designated area the Minister shall arrange for the effect on the area as a whole of the performance of the agreements to be kept under review and shall from time to time publish such information as he considers appropriate about those effects.
Schedule 2 to the Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants, or, in Scotland, forestry dedication agreements) shall apply to agreements under subsection (3) above as it applies to forestry dedication covenants or, as the case may be, forestry dedication agreements.
This section applies to land an interest in which belongs to Her Majesty in right of the Crown or to the Duchy of Lancaster, the Duchy of Cornwall or a Government department or which is held in trust for Her Majesty for the purposes of a Government department, but no agreement under subsection (3) above shall be made as respects land to which this subsection applies without the consent of the appropriate authority.
In this section—
“the appropriate authority” has the same meaning as in section 101(11) of the National Parks and Access to the Countryside Act 1949;
. . . . . . . . . . . . . . . . . . . . . . . . . .
The power to make an order under this section shall be exercisable by statutory instrument and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this section—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person having an interest of a kind described in section 18(3) above in land in Scotland, being an interest which enables him to bind the land, enters into an agreement under that subsection—
where the land is registered in the Land Register of Scotland, the agreement may be registered in that Register;
in any other case the agreement may be recorded in the appropriate Division of the General Register of Sasines.
An agreement registered or recorded under subsection (1) above shall be enforceable at the instance of the Secretary of State against persons deriving title to the land (including any person acquiring right to a tenancy by assignation or succession) from the person who entered into the agreement; provided that such an agreement shall not be enforceable against a third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being registered or recorded as aforesaid, or against any person deriving title from such third party.
Notwithstanding the terms of any agreement registered or recorded under subsection (1) above, the parties to the agreement or any persons deriving title from them may at any time agree to terminate it; and such an agreement to terminate it shall be registered or recorded in the same manner as was the original agreement.
A grazings committee appointed under section 24 of the Crofters (Scotland) Act 1955 may, with the consent of a majority of the crofters ordinarily resident in the township, enter into an agreement under section 18(3) above in relation to any part of the common grazings and may agree to the revocation or variation of any such agreement, and such agreement, revocation or variation shall be binding upon all their successors.
In the case of an agreement of a kind referred to in subsection (4) above, the payments by the Secretary of State shall be made to the grazings committee and shall be applied by them either—
by division among the crofters who share in the common grazings in proportion to their respective rights therein; or
subject to subsection (6) below, in carrying out works for the improvement of the common grazings or the fixed equipment required in connection therewith.
A grazings committee to whom such a payment as is referred to in subsection (5) above has been made and who are proposing to apply the payment in carrying out works in accordance with paragraph (b) of that subsection shall give notice in writing to each crofter sharing in the common grazings of their proposals: and any such crofter may within one month of the date of such notice make representations in respect of the proposals to the Crofters Commission who may approve them with or without modifications or reject them.
"Crofter" and other expressions used in any of subsections (4) to (6) above and in section 3 of the Crofters (Scotland) Act 1955 have the same meaning in this section as they have in that section as read with section 15(6) of the Crofters (Scotland) Act 1961.
The provisions of this section shall have effect for the purpose of amending certain provisions of the Wildlife and Countryside Act 1981 which apply to grants under schemes made under section 29 of the Agriculture Act 1970 so as to apply them to certain agricultural grants under regulations made under section 2(2) of the European Communities Act 1972.
In subsection (1) of section 32 of the said Act of 1981 (duties of agriculture Ministers to exercise functions so as to further conservation where applications are made to them for grants under such schemes with respect to areas of special scientific interest)—
for the words “a grant under a scheme made under section 29 of the Agriculture Act 1970 (farm capital grants)” there shall be substituted the words “a farm capital grant”; and
in paragraph (a) for the words “the scheme and section 29 of the said Act of 1970” there shall be substituted the words “the grant provisions”.
For subsection (3) of that section (definition of “the appropriate Minister”) there shall be substituted—.
In subsection (3) of section 41 of the said Act of 1981 (which makes similar provision in relation to land which is in a National Park or an area specified for the purposes of that subsection)—
for the words “a grant under a scheme made under section 29 of the Agriculture Act 1970 (farm capital grants)” there shall be substituted the words “a farm capital grant”;
in paragraph (a) for the words “the scheme and the said section 29” there shall be substituted the words “the grant provisions”.
“agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970; “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32;
For the definition of “farm capital grant” in subsection (4) of section 50 of that Act (payments under certain agreements offered by authorities where applications for grants under section 29 of the said Act of 1970 are refused) there shall be substituted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 28 of the Agriculture Act 1970 (interpretation of provisions relating to capital and other grants) at the end of the definition of “agricultural business” there shall be inserted the words “and includes any other business, of a kind for the time being specified by an order made by the appropriate authority, which is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture and is carried on on the same or adjacent land”.
The existing provisions of that section shall become subsection (1) of that section and after that subsection there shall be inserted—.
There shall be paid out of money provided by Parliament—
any expenses incurred by a Minister by virtue of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
Any sums received by a Minister under this Act shall be paid into the Consolidated Fund.
This Act may be cited as the Agriculture Act 1986.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The provisions mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified (being amendments consequential on the provisions of this Act).
The enactments mentioned in Schedule 4 to this Act (which include some spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
Sections 1, 13, 15, 18(7) ... above and Schedule 1 to this Act do not extend to Scotland.
The provisions of this Act do not extend to Northern Ireland except for sections 4 to 6, ... ... 11, 18(13) and 22, this section and the provisions of Schedules 3 and 4 which affect enactments extending there.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 13.
Subject to the following provisions of this Schedule, where on the termination of the tenancy of any land the tenant has milk quota registered as his in relation to a holding consisting of or including the land, the tenant shall be entitled, on quitting the land, to obtain from his landlord a payment— In sub-paragraph (1) above— A tenant shall not be entitled to more than one payment under this paragraph in respect of the same land.
This paragraph applies where on the termination of the tenancy of any land after 2nd April 1984 a new tenancy of the land or part of the land has been granted to a different tenant (“the new tenant”) and that tenancy— Where this paragraph applies— Sub-paragraph (1) above applies in relation to the grant of a new tenancy before the date on which the Agricultural Holdings Act 1986 comes into force as if the references in that sub-paragraph to sections 39, 53 and 45(6) of that Act were references to section 20 of the Agriculture (Miscellaneous Provisions) Act 1976, paragraph 5 of Schedule 2 to the Agricultural Holdings Act 1984 and section 23(6) of the said Act of 1976 respectively.
Where the tenancy of any land has been assigned after 2nd April 1984 (whether by deed or by operation of law)—
any milk quota allocated or transferred to the assignor (or treated as having been allocated or transferred to him) in respect of the land shall be treated as if it had instead been allocated or transferred to the assignee; and
in a case where milk quota is treated under paragraph (a) above as having been transferred to the assignee, he shall be treated for the purposes of any claim in respect of that quota— and accordingly the assignor shall not be entitled to a payment under paragraph 1 above in respect of that land.
as if he had paid so much of the cost of the transaction by virtue of which the milk quota was transferred as the assignor bore (or is treated as having borne); and
in a case where the assignor was in occupation of the land on 2nd April 1984 (or is treated as having been in occupation of the land on that date), as if he had been in occupation of it on that date;
Where the sub-tenancy of any land terminates after 2nd April 1984 then, for the purposes of determining the sub-landlord’s entitlement under paragraph 1 above—
any milk quota allocated or transferred to the sub-tenant (or treated as having been allocated or transferred to him) in respect of the land shall be treated as if it had instead been allocated or transferred to the sub-landlord;
in a case where milk quota is treated under paragraph (a) above as having been transferred to the sub-landlord, he shall be treated for the purposes of any claim in respect of that quota—
as if he had paid so much of the cost of the transaction by virtue of which the milk quota was transferred as the sub-tenant bore (or is treated as having borne); and
in a case where the sub-tenant was in occupation of the land on 2nd April 1984 (or is treated as having been in occupation of the land on that date), as if he had been in occupation of it on that date;
if the sub-landlord does not occupy the land after the sub-tenancy has ended and the sub-tenant has quitted the land, the sub-landlord shall be taken to have quitted the land when the sub-tenant quitted it.
The amount of the payment to which the tenant of any land is entitled under paragraph 1 above on the termination of his tenancy shall be determined in accordance with the following provisions of this paragraph. The amount of the payment to which the tenant is entitled under paragraph 1 above in respect of allocated quota shall be an amount equal— The amount of the payment the tenant is entitled to under paragraph 1 above in respect of transferred quota shall be an amount equal—
Subject to the following provisions of this paragraph the standard quota for any land for the purposes of this Schedule shall be calculated by multiplying the relevant number of hectares by the prescribed quota per hectare; and for the purposes of this paragraph— Where by virtue of the quality of the land in question or climatic conditions in the area the amount of milk which could reasonably be expected to have been produced from one hectare of the land during the relevant period (“the reasonable amount”) is greater or less than the prescribed average yield per hectare, then sub-paragraph (1) above shall not apply and the standard quota shall be calculated by multiplying the relevant number of hectares by such proportion of the prescribed quota per hectare as the reasonable amount bears to the prescribed average yield per hectare; and the Minister shall by order prescribe the amount of milk to be taken as the average yield per hectare for the purposes of this sub-paragraph. Where the relevant quota of the land includes milk quota allocated in pursuance of an award of quota made by the Dairy Produce Quota Tribunal for England and Wales , or by the Secretary of State or the National Assembly for Wales following the appeals procedure, which has not been allocated in full, the standard quota for the land shall be reduced by the amount by which the milk quota allocated in pursuance of the award falls short of the amount awarded (or, in a case where only part of the milk quota allocated in pursuance of the award is included in the relevant quota, by the corresponding proportion of that shortfall). In sub-paragraph (3) above “the appeals procedure” means— In sub-paragraph (3) above the references to milk quota allocated in pursuance of an award of quota include references to quota allocated by virtue of the amount awarded not originally having been allocated in full. In this paragraph— An order under this paragraph may make different provision for different cases. The power to make an order under this paragraph shall be exercisable by statutory instrument and any instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this Schedule “the tenant’s fraction” means the fraction of which— For the purposes of sub-paragraph (1)(a) above the rental value of the tenant’s dairy improvements and fixed equipment shall be taken to be the amount which would fall to be disregarded under paragraph 2(1) of Schedule 2 to the Agricultural Holdings Act 1986 on a reference made in respect of the land in question under section 12 of that Act (arbitration of rent), so far as that amount is attributable to tenant’s improvements to, or tenant’s fixed equipment on, land used for the feeding, accommodation or milking of dairy cows kept on the land in question. Where— the average rent payable in respect of one month in the relevant period or, as the case may be, in that part shall be determined and the rent referred to in sub-paragraph (1)(b) above shall be taken to be the corresponding annual amount. For the purposes of sub-paragraph (2) above “tenant’s improvements” and “tenant’s fixed equipment” have the same meanings as in paragraph 2 of Schedule 2 to the 1986 Act, except that—
In this Schedule “the relevant period” means—
the period in relation to which the allocated quota was determined; or
where it was determined in relation to more than one period, the period in relation to which the majority was determined or, if equal amounts were determined in relation to different periods, the later of those periods.
The value of milk quota to be taken into account for the purposes of paragraph 5 above is the value of the milk quota at the time of the termination of the tenancy in question and in determining that value at that time there shall be taken into account such evidence as is available, including evidence as to the sums being paid for interests in land—
in cases where milk quota is registered in relation to the land; and
in cases where no milk quota is so registered.
Where, on the termination of a tenancy of any land, the tenant may be entitled to a payment under paragraph 1 above, the landlord or tenant may at any time before the termination of the tenancy by notice in writing served on the other demand that the determination of the standard quota for the land or the tenant’s fraction shall be referred to arbitration. On a reference under this paragraph the arbitrator shall determine the standard quota for the land or, as the case may be, the tenant’s fraction (so far as determinable at the date of the reference). Section 84 of the Agricultural Holdings Act 1986 (arbitrations) shall apply as if the matters mentioned in this paragraph were required by that Act to be determined by arbitration under that Act.
Subject to the provisions of this paragraph, any claim arising under paragraph 1 above shall be determined by arbitration under the Agricultural Holdings Act 1986 and no such claim shall be enforceable unless before the expiry of the period of two months from the termination of the tenancy the tenant serves notice in writing on his landlord of his intention to make the claim. The landlord and tenant may within the period of eight months from the termination of the tenancy by agreement in writing settle the claim but where the claim has not been settled during that period it shall be determined by arbitration under the Agricultural Holdings Act 1986. In any case where on the termination of the tenancy in question a new tenancy of the land or part of the land may be granted to a different tenant by virtue of a direction under section 39 of the Agricultural Holdings Act 1986 then, as respects any claim in respect of that land or part, references in sub-paragraphs (1) and (2) above to the termination of the tenancy shall be construed as references to the following time, namely— and no notice may be served under sub-paragraph (1) above before that time. Where a tenant lawfully remains in occupation of part of the land subject to the tenancy after the termination of the tenancy or, in a case where sub-paragraph (3) above applies, after the time substituted for the termination of the tenancy by virtue of that sub-paragraph, the references in sub-paragraphs (1) and (2) above to the termination of the tenancy shall be construed as references to the termination of the occupation. Section 84 of the Agricultural Holdings Act 1986 (arbitrations) shall apply as if the requirements of this paragraph were requirements of that Act, .... Where— the arbitrator determining the claim under this paragraph shall, subject to sub-paragraph (7) below, award payment in accordance with that agreement or determination. Where it appears to the arbitrator that any circumstances relevant to the agreement or determination mentioned in sub-paragraph (6) above were materially different at the time of the termination of the tenancy from those at the time the agreement or determination was made, he shall disregard so much of the agreement or determination as appears to him to be affected by the change in circumstances.
Section 85 of the Agricultural Holdings Act 1986 (enforcement) and section 86(1), (3) and (4) of that Act (power of landlord to obtain charge on holding) shall apply to any sum which becomes due to a tenant by virtue of this Schedule as they apply to the sums mentioned in those sections.
References in this Schedule to the termination of a tenancy of land include references to the resumption of possession of part of the land subject to the tenancy—
by the landlord by virtue of section 31 or 43(2) of the Agricultural Holdings Act 1986 (notice to quit part);
by the landlord in pursuance of a provision in the contract of tenancy; or
by a person entitled to a severed part of the reversionary estate in the land by virtue of a notice to quit that part given to the tenant by virtue of section 140 of the Law of Property Act 1925; and in the case mentioned in paragraph (c) above this Schedule shall apply as if the person resuming possession were the landlord of the land of which he resumes possession.
Where the reversionary estate in the land is for the time being vested in more than one person in several parts, the tenant shall be entitled, on quitting all the land, to require that any amount payable to him under this Schedule shall be determined as if the reversionary estate were not so severed. Where sub-paragraph (1) above applies, the arbitrator shall, where necessary, apportion the amount awarded between the persons who for the purposes of this Schedule together constitute the landlord of the land, and any additional costs of the award caused by the apportionment shall be paid by those persons in such proportions as the arbitrator may determine.
Notwithstanding that a landlord of any land is not the owner in fee simple of the land or, in a case where his interest is an interest in a leasehold, that he is not absolutely entitled to the leasehold, he may for the purposes of this Schedule do anything which he might do if he were such an owner or, as the case may be, were so entitled.
Any notice under this Schedule shall be duly served on the person on whom it is to be served if it is delivered to him, or left at his proper address, or sent to him by post in a registered letter or by the recorded delivery service. Any such notice shall be duly served on an incorporated company or body if it is served on the secretary or clerk of the company or body. Any such notice to be served on a landlord or tenant of any land shall, where an agent or servant is responsible for the control of the management or farming, as the case may be, of the land, be duly served if served on that agent or servant. For the purposes of this paragraph and of section 7 of the Interpretation Act 1978 (service by post), the proper address of any person on whom any such notice is to be served shall, in the case of the secretary or clerk of an incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question. Unless or until the tenant of any land has received— any notice served on the original landlord by the tenant shall be deemed for the purposes of this Schedule to have been served on the landlord of the land.
The provisions of this Schedule shall apply to land which belongs to Her Majesty in right of the Crown or to the Duchy of Lancaster, the Duchy of Cornwall or a Government department or which is held in trust for Her Majesty for the purposes of a Government department, subject in each case to such modifications as the Minister may by regulations prescribe. For the purposes of this Schedule— Any sum payable under this Schedule by the Duke of Cornwall (or any other possessor for the time being of the Duchy of Cornwall) may be raised and paid as if it were an expense incurred in permanently improving the possessions of the Duchy as mentioned in section 8 of the Duchy of Cornwall Management Act 1863. Any sum payable under this Schedule by the Chancellor of the Duchy of Lancaster may— The power to make regulations under this paragraph shall be exercisable by statutory instrument and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Schedule— In this Schedule references to land used for the feeding of dairy cows kept on the land and to dairy cows have the same meaning as in paragraph 6 above. The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Schedule.
Section 14.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 2 above shall apply so as to entitle the sub-tenant to obtain payment from the head tenant, and for that purpose, references to the landlord and the tenant in this Schedule shall be respectively construed as references to the head tenant and the sub-tenant; and
for the purposes of the application of paragraph 2 above as between the original landlord and the head tenant—
the head tenant shall be deemed to have had the relevant quota allocated to him, and to have been in occupation of the tenancy as a tenant on 2nd April 1984; and
if the head tenant does not take up occupation of the tenancy when the sub-tenant quits, the head tenant shall be treated as if he had quitted the tenancy when the sub-tenant quitted it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the period in relation to which the allocated quota was determined; or
where it was determined in relation to more than one period, the period in relation to which the majority was determined or, if equal amounts were determined in relation to different periods, the later of those periods.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in cases where milk quota is registered in relation to land; and
in cases where no milk quota is so registered.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 24(4).
In section 2(15) of the Agricultural Marketing Act 1958 for the words “or revoked” there shall be substituted the words “revoked or consolidated”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in section 1(5) for the words "paragraphs (b) and (c) of subsection (2)" there shall be substituted the words "paragraph (b) of subsection (3)";
in section 7(5) for the words "sections 2 to 6" there shall be substituted the words "section 6";
in section 16 (6) for the words from the beginning to "under this section" there shall be substituted the words "Where for any year the Ministers have made an order under section 13 of this Act specifying a rate of levy for that year in respect of any kind of home-grown cereals";
in Schedule 1, in paragraph 5(3) for the words "and the chairman or deputy chairman" there shall be substituted the words "and in a case where there is another person eligible to be appointed as chairman, the chairman, and the deputy chairman";
in Schedule 3, in paragraph 3 for the words "sections 15 and 16" there shall be substituted the words "section 16".
In subsection (3) of section 43 of the Land Drainage Act 1976 for the words “by a scheme under section 103 of the Agriculture Act 1947” there shall be substituted the words “under section 1 of the Agriculture Act 1986”.
In subsection (2) of section 41 of the Wildlife and Countryside Act 1981 for the words from “such advice” onwards there shall be substituted the words—.
Section 24(5). Chapter Short title Extent of repeal 7 & 8 Geo. 6. c. 28. The Agriculture (Miscellaneous Provisions) Act 1944. Section 1. Schedule 1. 10 & 11 Geo. 6. c. 48. The Agriculture Act 1947. Section 103. 5 & 6 Eliz. 2. c. 57. The Agriculture Act 1957. In Part II of Schedule 1, the words “Eggs (Hen and Duck in Shell)”. 1965 c. 14. The Cereals Marketing Act 1965. Sections 2 to 5. Sections 8 to 11. In section 12(1) the words from “except” onwards. In section 13, in subsection (1) the word “either” and the words from “or” onwards, in subsection (3)(a) the words from “and (where applicable)” to “Act”, in subsection (3)(b) the words from “(or” to “amounts)” and in subsection (3)(c) the words from “(or” to “amount)”. Sections 14 and 15. In section 18(1), the words from “and may” onwards. Section 19(2), (3) and (4). In section 23(4), the words “section 8” and “or section 19”. In section 24(2) the definitions of “cereals (guarantee payments) order”, “deficiency payment”, “forward contract” and “registered grower”. In section 24(4), in paragraph (a) the words from “any scheme” to “Act, and”, the words “scheme or” and the words “the scheme” in the second place where they occur, paragraph (b) and the word “and” immediately preceding it. In section 24(5) the words “with a view to selling the processed cereals”. Schedule 2. In Schedule 3, in paragraphs 1 and 2 the words “or, as the case may be, Part II”. 1967 c. 22. The Agriculture Act 1967. In section 13, in subsection (4), the word “and” at the end of paragraph (a) and in subsection (6) the words “all or a specified part of”. 1970 c. 40. The Agriculture Act 1970. Sections 1 to 27. Section 103. Section 107. Schedule 1. 1972 c. 62. The Agriculture (Miscellaneous Provisions) Act 1972. In section 16, in subsection (1) the words “subsection (1) of”, the words from “(which” to “accordingly” and the words “of that section”. 1973 c. 65. The Local Government (Scotland) Act 1973. In Schedule 27, paragraph 197. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part II of Schedule 1, the words “The Eggs Authority”. 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1, the words “The Eggs Authority”. 1976 c. 34. The Restrictive Trade Practices Act 1976. In Schedule 5, the entries relating to the Agriculture Act 1970. 1981 c. 69. The Wildlife and Countryside Act 1981. In section 41, subsection (1) and in subsection (6) the words from the beginning to “Wales and”. 1983 c. 3. The Agricultural Marketing Act 1983. In section 7(3), the words from “or” onwards. In Schedule 1, in paragraph 6 the words “with the approval of the Ministers and the Treasury” and in paragraph 11(2) the words “with the approval of the Ministers and the consent of the Treasury” in each place where they occur and the words “with such approval”.