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New Forest Act 1970
Provision of facilities by Forestry Commissioners in New Forest.
1
1
This section applies to any land forming part of the open waste lands of the Forest, and any land for the time being enclosed by virtue of section 18 of the New Forest Act 1949, as amended by section 6 of the New Forest Act 1964.
2
The powers of the Forestry Commissioners (hereinafter referred to as " the Commissioners ") under subsection (2) of section 23 of the Countryside Act 1968 shall not be exercised in relation to land to which this section applies except with the agreement of the verderers.
3
a
The Commissioners may with the agreement of the verderers enclose land forming part of the open waste lands of the Forest which is used for any purpose mentioned in the said subsection (2) insofar as its enclosure is necessary to preserve the land for use for that purpose, to preserve buildings, equipment or works erected, provided or constructed under the provisions of that subsection or to protect vehicles parked on any parking place provided thereunder.
b
Land enclosed by virtue of this subsection shall be held free from all rights of the commoners, and anything authorised to be done under this section may be done notwithstanding that it int feres with such rights.
4
As soon as may be after the end of each year in which the powers of subsection (3) of this section have been exercised, the Commissioners shall ascertain the area of land in the Forest subject to rights of the commoners which have been abrogated or diminished in consequence of the exercise of such powers during that year, and shall pay to the verderers such compensation in respect of the interference with the said rights of the commoners as the Commissioners may after consultation with the verderers determine.
Fencing of road from Cadnam to Lymington.
2
1
At any time after such date as the Minister of Transport may, on the application of the highway authority and in agreement with the Minister of Agriculture, Fisheries and Food (hereinafter referred to as " the Minister ") and the verderers, appoint by order, the highway authority shall, notwithstanding anything in any enactment or any right of the commoners, have power to enclose so much of the road from Cadnam to Lymington (A.337) as lies within the open waste lands of the Forest and any land transferred to them under section 17 of the New Forest Act 1949 for the purposes of any of their functions as the highway authority for the said road:
Provided that —
a
the highway authority shall not under this subsection erect any fence above the level of the road except after consultation with the verderers and with due regard to the interests of amenity;
b
the highway authority shall provide such crossings as appear to them, after consultation with the verderers, to be reasonably necessary for enabling animals at large in the Forest to pass under or round enclosures made in the exercise of their powers under this subsection;
c
in exercising their powers under this section the highway authority shall provide to the satisfaction of the Minister sufficient gates or stiles to permit reasonable public access to or across the said road on foot.
2
The highway authority in carrying out the enclosure authorised by the last foregoing subsection shall take such steps as appear to them, after consultation with the verderers, reasonably practicable for securing that after the completion of the enclosure animals will be prevented from entering or leaving the Forest along the said road:
Provided that in complying with this subsection the highway authority shall provide reasonable facilities for the passage of driven animals onto and off the Forest.
3
In respect of the power conferred by subsection (1) of this section, compensation shall be payable by the highway authority to the verderers for the interference with the exercise of the rights of the commoners, whether over the land authorised to be enclosed or other land, being compensation of such amount as may be determined by the Minister and the Minister of Transport after consultation with the verderers and the highway authority to represent the capital loss from the said interference, and in determining the said amount regard shall be had, among other matters, to the extent to which that interference will be lessened by the provision of crossings.
4
Compensation payable under the last foregoing subsection shall be payable on the date appointed under subsection (1) of this section.
5
The power to make an order conferred by subsection (1) of this section on the Minister of Transport shall be exercisable by statutory instrument.
6
The verderers shall not unreasonably withhold their agreement under the provisions of subsection (1) of this section and if any dispute arises as to whether their agreement has been unreasonably withheld the matter shall be referred to arbitration in the manner provided by section 17(8) of the New Forest Act 1949.
Improvement of grazing.
3
The powers of the verderers under section 23 of the New Forest Act 1877 shall include power on a presentment and with the agreement of the Commissioners to take such steps as they may consider necessary for the improvement of grazing upon any land forming part of the open waste lands of the Forest.
Amendment of section 5 of Countryside Act 1968.
4
Section 5 of the Countryside Act 1968 shall have effect as if in subsection (5) thereof there were inserted after the words " the National Trust " the words " or the Verderers of the New Forest ".
Expenses.
5
1
The expenses of the Minister under this Act shall be defrayed out of moneys provided by Parliament.
2
The expenses of the Commissioners under this Act shall be defrayed out of the Forestry Fund.
3
Any increase attributable to the provisions of this Act in the sums payable out of moneys provided by Parliament by way of rate support grant under the enactments relating to local government in England and Wales or in Scotland shall be defrayed out of moneys so provided.
Short title, construction and citation.
6
1
This Act may be cited as the New Forest Act 1970.
2
This Act shall be construed as one with the New Forest Act 1877 and this Act and the New Forest Acts 1877 to 1964 may be cited together as the New Forest Acts 1877 to 1970. |
The London Transport (Compensation to Employees) Regulations 1970
The Secretary of State for the Environment in exercise of his powers under section 37 of the Transport (London) Act 1969, and of all other enabling powers, hereby makes the following regulations, a draft of which has been laid before Parliament and has been approved by resolution of each House of Parliament in accordance with subsection (5) of that section: —
PART I
PRELIMINARY
Citation and commencement
1
1
These regulations may be cited as the London Transport (Compensation to Employees) Regulations 1970.
2
These regulations shall come into operation 14 days after a draft thereof has been approved by a resolution of each House of Parliament and shall have effect from the 22nd October 1969.
Interpretation
2
1
In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: —
“ accrued pension ”, in relation to a pensionable officer who has suffered loss or diminution of pension rights, means —
if his last relevant pension scheme provided benefits in which he had a right to participate, the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation, modified where necessary for the purpose of giving effect to these regulations, prescribed by that scheme if, at the date on which he suffered the said loss or diminution, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and
in any other case, such portion of the pension (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss or diminution and all the other circumstances of the case;
“ accrued retiring allowance ”, in relation to a pensionable officer who has suffered loss or diminution of pension rights, means —
if his last relevant pension scheme provided benefits in which he had a right to participate, any lump sum payment to which he would have become entitled in respect of his pensionable service according to the method of calculation, modified where necessary for the purpose of giving effect to these regulations, prescribed by that scheme if, at the date on which he suffered the said loss or diminution, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and
in any other case, such portion of the lump sum payment (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss or diminution and all the other circumstances of the case;
“ accrued incapacity pension ” and “ accrued incapacity retiring allowance ” have the same respective meanings as “ accrued pension ” and “ accrued retiring allowance ” except that the reference to a person's attaining normal retiring age shall be construed as a reference to his becoming incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;
“ the Act ” means the Transport (London) Act 1969;
“ the Act of 1962 ” means the Transport Act 1962;
“ the Act of 1968 ” means the Transport Act 1968;
“ added years ” means years purchased under the provisions of the last relevant pension scheme for the purpose of being reckoned as pensionable service and includes any additional years of service which, having been granted under any enactment or scheme, have subsequently become and are so reckonable under or by virtue of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 or any other enactment;
“ additional contributory payments ” means —
any additional contributory payments made under a pension scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme; or
any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a pension scheme; or
any payments similar to any of those mentioned in the foregoing sub-paragraphs made in pursuance of rules under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948;
“ attributable loss ”, in relation to a person who suffers loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, means any such loss, diminution or worsening as aforesaid which is properly attributable to the happening of the relevant event;
“ the Bus Company ” means the National Bus Company established under section 24 of the Act of 1968;
“ the Commission ” means the British Transport Commission dissolved under the Act of 1962;
“ compensating authority ” has the meaning assigned to that expression in regulation 4;
“ compensation question ” means a question arising in relation to these regulations —
as to a person's entitlement to compensation for loss of employment, or for loss or diminution of emoluments or pension rights, or worsening of his position, or
as to the manner of a person's employment or the comparability of his duties;
“ the Council ” means the Greater London Council;
“ emoluments ” means any of the following payments or other benefits made to or enjoyed by an officer in respect of services rendered by him as such: —
all salary, wages, fees and other payments of a similar nature for his own use,
all bonuses, allowances, commission, gratuities and special duty and over-time pay, which are of a recurring nature, whether seasonal or otherwise and whether obtaining by law or customary practice,
the money value of all travel privileges, free accommodation, and other allowances in kind, privileges or benefits, whether obtaining by law or customary practice,
but does not include payments for travelling, subsistence, accommodation, engagement of assistance or other expenses in the course of employment or over-time or other payments of a temporary nature ; and “ net emoluments ”, in relation to any employment, means the annual rate (modified where necessary in accordance with regulation 40) of the emoluments of that employment less such part of those emoluments as the officer was liable to contribute under a pension scheme, and in relation to any employment which has been lost, the emoluments of which have been diminished or in which the officer has suffered loss or diminution of pension rights or a worsening of his position, the expression means the annual rate of emoluments aforesaid immediately before the loss, diminution or worsening, as the case may be:
Provided that where fees or other variable payments were paid to an officer as part of his emoluments during any period immediately preceding the loss, diminution or worsening the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of 5 years immediately preceding the loss, diminution or worsening or such other period as the compensating authority may think reasonable in the circumstances;
“ enactment ” means any Act or instrument made under an Act;
“ the Executive ” means the London Transport Executive established under section 4 of the Act;
“ full-time basis ”, in relation to the employment of a person on such a basis, means a basis on which that person is required to devote on the average not less than 30 hours per week to that employment during which he is not at liberty to undertake other work in consideration of a fee or remuneration;
“ the London Board ” means the London Transport Board established under section 1 of the Act of 1962;
“ long-term compensation ” means compensation payable in accordance with the provisions of Part IV of these regulations for loss of employment or loss or diminution of emoluments or worsening of a person's position;
“ first material date ”, in relation to any person who suffers attributable loss, means the appropriate date specified in column (2) of Schedule 1 to these regulations opposite to the relevant event which is specified in column (1) of that Schedule and to the happening of which that loss is properly attributable;
“ second material date ”, in relation to any person who suffers attributable loss, means the date on which he suffers that loss or on which the relevant event happens, whichever date is the earlier;
“ minimum pensionable age ” means , in relation to a pensionable officer, the earliest age at which, under his last relevant pension scheme, he could have become entitled to a pension, other than a pension payable in consequence of his redundancy or his incapacity to discharge efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;
“ national transport authority ” means any one of the national transport authorities and includes the London Board:
“ national service ” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and includes service immediately following such service as aforesaid, being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent of the person or body under whom an officer held his last relevant employment;
“ normal retiring age ” means , in the case of a pensionable officer to whom an age of compulsory retirement applied by virtue of his last relevant pension scheme or of the conditions of the employment in which he suffered the attributable loss, that age, and in any other case, the age of 65 years if the officer is a male, or 60 years if the officer is a female;
“ officer ”, in relation to the Commission, a national transport authority, the Executive, a Passenger Transport Executive or a subsidiary of any of the foregoing bodies does not include a member of the Commission or of such an authority or of the Executive or a Passenger Transport Executive, but subject as aforesaid, includes the holder of any employment whether by virtue of an agreement for the rendering by him of personal services, by appointment, or otherwise; and the expression “ office ” shall be construed accordingly;
“ Passenger Transport Executive ” means a Passenger Transport Executive for the establishment of which provision has been made by an order under section 9(1) of the Act of 1968;
“ pensionable emoluments ”, in relation to a person who has or had pension rights, means those emoluments which are required in accordance with the provisions of the pension scheme relating to those rights to be taken into account for the purpose of calculating the pension payable to or in respect of him under that scheme;
“ pensionable officer ”, in relation to a person who has suffered attributable loss, means an officer who immediately before such loss had pension rights under a pension scheme;
“ pension scheme ”, in relation to a pensionable officer, means any form of arrangement associated with his employment for the payment of pensions, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise; and “ last relevant pension scheme ”, in relation to a pensionable officer means a pension scheme under which that officer had or has pension rights which were the subject of a loss or diminution properly attributable to the happening of the relevant event;
“ the Railways Board ” means the British Railways Board;
“ reckonable service ”, in relation to a person, means any period of employment on a full-time basis in any relevant employment and includes any period of war service or national service undertaken on his ceasing to hold any such employment but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any pension to which he has become entitled;
“ relevant employment ”, in relation to a person who suffers attributable loss, means —
employment under the Crown, or
employment in the service of the Commission, a national transport authority, the Executive, a Passenger Transport Executive or a subsidiary of any of the foregoing bodies, or
employment in the service of a person whose business consists of, or includes, the provision of transport services or facilities specified in any proposals submitted under section 20(1) of the Act and to which the Council has thereunder directed the Executive to give effect, being employment in connection with such provision, or
employment such as is mentioned in regulation 3(4)(b) or (c) of the British Transport Reorganisation (Compensation to Employees) Regulations 1962 , or
employment preceding any of the foregoing employments, being employment which is reckonable for the purposes of his last relevant pension scheme,
but, except as provided in regulations 7(1)(c), 13(1)(c) and 19(2)(c), does not include service in the armed forces of the Crown;
“ relevant event ”, in relation to a person who suffers attributable loss, means whichever of the events specified in column (1) of Schedule 1 to these regulations is the event to the happening of which that loss is properly attributable;
“ resettlement compensation ” means compensation payable in accordance with Part III of these regulations for loss of employment;
“ retirement compensation ” means compensation payable in accordance with the provisions of regulation 21, 22, 23 or 24;
“ subsidiary ”, in relation to the Commission, a national transport authority, the Executive or a Passenger Transport Executive has the same meaning as in the Act of 1962, and in this connection no account shall be taken of the provisions of section 51(5) of the Act of 1968;
“ tribunal ” means a tribunal established under section 12 of the Industrial Training Act 1964;
“ war service ” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, the Teachers Superannuation (War Service) Act 1939 (or in Scotland, the Education (Scotland) (War Service Superannuation) Act 1939), the Police and Firemen (War Service) Act 1939 or employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act 1940 and includes any period of service in the First World War in the armed forces of the Crown or in the forces of the Allied or Associated Powers if such service immediately followed a period of relevant employment and was undertaken either compulsorily or with the permission of the employer in that employment.
2
a
Where under any provision of these regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with the tables set out in Schedule 2 to these regulations in so far as they provide for the particular case.
b
For the purpose of determining the application of the said tables the headings and the note to each table shall be treated as a part of the table.
c
Where the said tables do not provide for a case in which an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be such as may be agreed between the compensating authority and the person to whom the capital sum or annual amount is payable.
3
Unless the context otherwise requires, references in these regulations to the provisions of any enactment shall be construed as references to those provisions as amended, re-enacted or modified by or under any subsequent enactment.
4
References in these regulations to a numbered regulation shall, unless the reference is to a regulation of specified regulations, be construed as references to the regulation bearing that number in these regulations.
5
References in any of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the first mentioned regulation.
6
The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
PART II
ENTITLEMENT TO COMPENSATION
Persons to whom the regulations apply
3
These regulations shall apply to any person who suffers attributable loss and who —
a
was employed immediately before the first material date on a full-time basis, as an officer of —
i
the London Board,
ii
the Executive,
iii
the Railways Board,
iv
the Bus Company,
v
a subsidiary of any of the foregoing bodies,
vi
a person whose business consists of, or includes the provision of, transport services or facilities specified in any proposals submitted under section 20(1) of the Act and to which the Council has thereunder directed the Executive to give effect, or
b
would have been so employed at that time but for any national service on which he was then engaged.
Grounds of entitlement to compensation — Compensating authorities
4
1
Subject to the provisions of these regulations, any person to whom these regulations apply shall be entitled to have his case considered for the payment of compensation under these regulations, and such compensation shall be determined in accordance with these regulations.
2
Compensation for attributable loss suffered by a person to whom these regulations apply shall be payable by the appropriate authority specified in column (3) of Schedule 1 to these regulations opposite to the relevant event which is specified in column (1) of that Schedule and to the happening of which that loss is properly attributable, and the said authority is referred to in these regulations, in relation to the person suffering that loss, as “ the compensating authority ”.
3
Where the same loss of employment or loss or diminution of emoluments or pension rights or worsening of position is properly attributable to the happening of more than one relevant event: —
a
not more than one claim shall be made or satisfied under these regulations in respect of that loss, diminution or worsening, as the case may be, and
b
for the purpose of ascertaining the first material date, the second material date and the compensating authority in relation to the person who suffers that loss, diminution or worsening, regard shall be had only to the last of those relevant events to happen.
National service
5
1
Any person to whom these regulations apply by virtue of regulation 3(b) and who before the expiry of two months after ceasing to be engaged on national service, or if prevented by sickness or other reasonable cause, as soon as practicable thereafter, gives notice to the compensating authority that he is available for employment, shall be entitled —
a
in a case where, in consequence of an event specified in any of paragraphs (a) to (c) of section 37(1) of the Act, he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the same or in a different service), to have his case considered for payment of compensation for loss of employment, and (if appropriate) for loss or diminution of pension rights, and
b
in a case where, in consequence of any such event, he is so re-employed with diminished emoluments, or with loss or diminution of pension rights or worsening of his position as compared with the emoluments, pension rights or position which he would have enjoyed had he continued in his former employment, to have his case considered for payment of compensation for diminution of emoluments, or for loss or diminution of pension rights, or for worsening of his position (as the case may warrant).
2
The loss of employment which is the cause of a claim for compensation under paragraph (1)(a) shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment, and the person shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued in his former employment.
PART III
RESETTLEMENT COMPENSATION
Resettlement compensation for loss of employment
6
The compensating authority shall, subject to the provisions of these regulations, pay resettlement compensation to any person to whom these regulations apply and who satisfies the conditions set out in regulation 7.
Conditions for payment of resettlement compensation
7
1
Without prejudice to any other requirement of these regulations, the conditions for the payment of resettlement compensation to any person are that —
a
he has, before, on, or not later than 10 years after the date of the relevant event, suffered loss of employment which is properly attributable to the happening of the relevant event;
b
he has not at the date of the loss attained normal retiring age;
c
he has, for a period beginning 3 years immediately before the second material date and ending on the date of the loss, been continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) on a full-time basis in relevant employment; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following such employment;
d
he has made a claim for such compensation in accordance with the provisions of Part VII of these regulations not later than —
i
the end of the period in respect of which resettlement compensation can be payable in his case under the provisions of regulation 9, or
ii
13 weeks after the coming into operation of these regulations, whichever is the later;
e
the loss of employment which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform such duties as, immediately before the loss, he was performing or might reasonably have been required to perform; and
f
he has not, subject to paragraph (3), been offered any reasonably comparable employment under the Crown or in the service of a national transport authority, the Executive, a Passenger Transport Executive or a subsidiary of any of the foregoing bodies.
2
In ascertaining for the purpose of this regulation whether a person has been offered employment which is reasonably comparable with the employment which he has lost, the following facts shall be disregarded —
a
the fact that the employment so offered is employment by a body such as is mentioned in paragraph (1)(f) other than the person or body in whose employment he suffered the attributable loss;
b
the fact that the duties of the employment so offered are duties in connection with activities which did not form part of the activities of that section of the undertaking of the person or body in whose employment he suffered the attributable loss;
c
the fact that the duties of the employment so offered involve a transfer of his employment from one place to another in Great Britain.
3
No account shall be taken for the purposes of this regulation of an offer of employment where the compensating authority are satisfied —
a
that acceptance would have involved undue hardship to the person, or
b
that he was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control.
Amount of resettlement compensation
8
1
The amount of resettlement compensation which may be paid to a person shall, for each week for which such compensation is payable, be a sum ascertained by taking two thirds of the weekly rate of the net emoluments which that person has lost and deducting therefrom, in addition to the items mentioned in regulation 32(3) and (4), such of the following items as may be applicable —
a
unemployment, sickness or injury benefit under any Act relating to National Insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of a dependant); and
b
two thirds of the net emoluments received by him in respect of such week from work or employment undertaken as a result of the loss of employment.
2
For the purposes of this regulation the weekly rate of a person's net emoluments shall be deemed to be seven three hundred and sixty-fifths of those emoluments.
Period for payment of resettlement compensation
9
Subject to the provisions of these regulations, resettlement compensation shall be payable to a person only in respect of the period of 13 weeks next succeeding the week in which he lost the employment in connection with which his claim has been made or, in the case of a person who has then attained the age of 45 years, the said 13 weeks and one additional week for every year of his age between the date of his attaining the age of 45 years and the date of the loss of employment, subject to a maximum addition of 13 such weeks.
Additional provisions relating to resettlement compensation
10
1
Resettlement compensation shall be payable to a person at intervals equivalent to those at which the emoluments of his employment were previously paid or at such other intervals as may be agreed between the person and the compensating authority.
2
Resettlement compensation shall be terminated by the compensating authority —
a
if without reasonable cause the recipient fails to comply with any of the provisions of regulation 11, or
b
if on being requested to do so, he fails to satisfy the compensating authority that, so far as he is able, he is seeking suitable employment.
Claimant for resettlement compensation to furnish particulars of employment
11
Every person claiming or in receipt of resettlement compensation shall (after as well as before the compensation begins to be paid) —
a
forthwith supply the compensating authority in writing with particulars of any employment which he obtains or of any change in his earnings from any such employment, and
b
if the compensating authority so require, so long as he is out of employment and is not receiving sickness or injury benefit, register with the Department of Employment and Productivity.
PART IV
LONG-TERM COMPENSATION FOR LOSS OF EMPLOYMENT OR LOSS OR DIMINUTION OF EMOLUMENTS OR WORSENING OF POSITION
Long-term compensation
12
The compensating authority shall, subject to the provisions of these regulations, pay long-term compensation to any person to whom these regulations apply and who satisfies the conditions set out in regulation 13 and this Part of these regulations shall apply to that person.
Conditions for payment of long-term compensation
13
1
Without prejudice to any other requirement of these regulations, the conditions for the payment of long-term compensation to any person are that —
a
he has, before, on, or not later than 10 years after the date of the relevant event, suffered loss of employment or loss or diminution of emoluments or worsening of his position, being loss, diminution or worsening (as the case may be) which is properly attributable to the happening of the relevant event;
b
he has not, save as is provided in regulation 17, at the date of such loss, diminution or worsening attained normal retiring age;
c
he has, for a period beginning 8 years immediately before the second material date and ending on the date of the attributable loss, been continuously engaged (without a break of more than 12 months at any one time) on a full-time basis in relevant employment; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following such employment;
d
he has made a claim for such compensation in accordance with the provisions of Part VII of these regulations not later than —
i
2 years after the date on which the loss, diminution or worsening which is the cause of his claim was suffered, or
ii
2 years after the coming into operation of these regulations, or
iii
in a case where the claimant could not reasonably have known of the existence of the cause of his claim for compensation at the time when it in fact occurred, 2 years after the first date on which he could reasonably have known of its existence,
whichever is the latest; and
e
if the cause of the claim for compensation is loss of employment —
i
the loss has occurred for some reason other than misconduct or incapacity to perform such duties as, immediately before the loss, he was performing or might reasonably have been required to perform; and
ii
he has not been offered any reasonably comparable employment under the Crown or in the service of a national transport authority, the Executive, a Passenger Transport Executive or a subsidiary of any of those bodies.
2
If the cause of the claim for compensation is loss of employment paragraphs (2) and (3) of regulation 7 (which relate to offers of employment) shall apply for the purposes of this regulation as they apply for the purposes of regulation 7.
3
Claims for long-term compensation for loss of employment shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these regulations shall apply to all such claims accordingly.
4
Any person to whom this Part of these regulations applies and who, by reason of his position as an officer being worsened, has suffered any loss or injury attributable to the happening of the relevant event, not being a pecuniary loss in respect of which he is entitled to any other compensation or payments under Part IV or V of these regulations, shall, subject to the provisions of these regulations, be entitled to receive in respect of that loss or injury, long-term compensation for the worsening of his position calculated in the following manner, that is to say —
a
the pecuniary value of the loss or injury shall be expressed in terms of his net emoluments immediately before his position was worsened.
b
such person shall be treated for the purposes of these regulations as a person who has suffered a diminution of emoluments the amount of which is equal to the pecuniary value so expressed, and
c
where that person has been awarded any other long-term compensation, as well as compensation for the worsening of his position, the sums payable in respect of that other compensation shall, for the purposes of adjusting, suspending or withholding any long-term compensation under regulation 31 or 32 or both, be aggregated with any sums payable in respect of the compensation for worsening of his position and the payments of the sums so aggregated shall be regarded for those purposes as combined payments under the award of that other long-term compensation and not as separate payments under each of the awards of long-term compensation.
Factors to be considered in determining payment of long-term compensation
14
1
For the purpose of determining the amount (subject to the limits set out in these regulations) of long-term compensation (if any) payable under these regulations to any person for loss or diminution of emoluments, the compensating authority shall have regard to such of the following factors as may be relevant, that is to say —
a
the conditions upon which the person held the employment which he has lost, or the emoluments of which have been lost or diminished, including in particular its security of tenure, whether by law or practice;
b
the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the person as a result of the loss of employment;
c
the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him;
d
all the other circumstances of his case:
Provided that no account shall be taken of the fact that the claimant entered the employment which he has lost or the emoluments of which have been diminished —
a
after the 27th November 1968 where the loss or diminution is attributable to an event specified in either paragraph 1 or 2 or 3 of column (1) of Schedule 1 to these regulations, or
b
after proceedings had been commenced under the Act so as to result in the happening of any other relevant event specified in the said column (1) where the loss or diminution is attributable to that event.
2
In ascertaining for the purposes of paragraph (1)(c) whether a person has been offered suitable employment in a case where the cause of the claim for compensation is loss of employment, regulation 7(3) shall apply as it applies for the purpose of ascertaining whether employment is reasonably comparable with employment which has been lost.
Amount of long-term compensation payable for loss of emoluments
15
1
Long-term compensation for loss of emoluments shall, subject to the provisions of these regulations, be payable until the normal retiring age or death of a person to whom it is payable, whichever first occurs, and shall not exceed a maximum annual sum calculated in accordance with the provisions of paragraphs (2) to (4).
2
The said maximum annual sum shall, subject as hereinafter provided, be the aggregate of the following sums, namely —
a
for every year of the person's reckonable service, one sixtieth of the net emoluments which he has lost; and
b
in the case of a person who has attained the age of 40 years at the date of the loss, a sum calculated in accordance with the provisions of paragraph (3) appropriate to his age at that date;
but the said maximum annual sum shall in no case exceed two thirds of the net emoluments which the person has lost.
3
The sum referred to in paragraph (2)(b) shall be —
a
in the case of a person who has attained the age of 40 years but has not attained the age of 50 years at the date of the loss, the following fraction of the net emoluments which he has lost —
i
where his reckonable service is less than 10 years, one sixtieth for each year of such service after attaining the age of 40 years; or
ii
where his reckonable service amounts to 10 years but is less than 15 years, one sixtieth for each year of such service after attaining the age of 40 years and one additional sixtieth; or
iii
where his reckonable service amounts to 15 years but is less than 20 years, one sixtieth for each year of such service after attaining the age of 40 years and two additional sixtieths; or
iv
where his reckonable service amounts to 20 years or more, one sixtieth for each year of such service after attaining the age of 40 years and three additional sixtieths;
but the sum so calculated shall not in any case exceed one sixth of the said net emoluments;
b
in the case of a person who has attained the age of 50 years but has not attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of his reckonable service after attaining the age of 40 years, up to a maximum of 15 years; and
c
in the case of a person who has attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of his reckonable service after attaining the age of 45 years.
4
Where a person has become entitled (whether immediately or prospectively on attaining some greater age) to a pension by way of annual amounts under his last relevant pension scheme, the maximum annual sum referred to in paragraph (1) shall be the maximum sum calculated under paragraphs (2) and (3) as if he had not become so entitled.
5
Where long-term compensation is payable in respect of any period and resettlement compensation has also been paid in respect of that period, the long-term compensation for that period shall be limited to the amount (if any) by which it exceeds the resettlement compensation paid as aforesaid.
6
Long-term compensation shall be payable to a person at intervals equivalent to those at which the emoluments of his employment were previously paid or at such other intervals as may be agreed between the person and the compensating authority.
Long-term compensation for diminution of emoluments
16
Long-term compensation for diminution of emoluments in respect of any employment shall, subject to the provisions of these regulations, be awarded and paid in accordance with the following provisions: —
a
the compensation shall consist of an annual sum which shall be payable to a person at intervals equivalent to those at which the emoluments of his employment are or were previously paid or at such other intervals as may be agreed between the person and the compensating authority, and shall, subject to the provisions of these regulations, be payable until normal retiring age or death, whichever first occurs; and
b
the said annual sum shall not exceed the maximum annual sum which could have been awarded under regulation 15 if the person had suffered loss of employment and the loss emoluments occasioned thereby had been equivalent to the amount of the diminution:
Provided that no compensation shall be payable if the emoluments have been diminished by less than 21/2 per cent.
Compensation payable to non-pensionable officer on reaching normal retiring age
17
1
Where a person to whom this Part of these regulations applies and who is not a pensionable officer is receiving long-term compensation for loss or diminution of emoluments or worsening of his position and attains normal retiring age, the compensating authority may, if satisfied that the person would have continued to work as an officer for a substantial period beyond normal retiring age, continue to pay compensation to him for the remainder of his life at half its former rate.
2
Where a person to whom this Part of these regulations applies and who is not a pensionable officer suffers loss or diminution of emoluments, or worsening of his position, on or after attaining normal retiring age, the compensating authority may, if satisfied that the person had he not so suffered would have continued in the normal course of events to work for a substantial period as an officer, pay compensation to him for the remainder of his life at a rate not exceeding one half of that to which he would have been entitled under regulation 15 had he not attained normal retiring age at the date on which he suffered the loss, diminution or worsening, as the case may be.
Date from which long-term compensation is to be payable
18
1
Long-term compensation shall be payable with effect from the date of the claim or from any earlier date permitted by the succeeding provisions of this regulation.
2
Where a claim for long-term compensation is duly made within 13 weeks of the occurrence of the loss or diminution which is the cause of the claim, or within 13 weeks of the coming into operation of these regulations whichever is the later, the award shall be made retrospective to the date on which the loss or diminution occurred.
3
Where a claim for long-term compensation is made after the expiry of the period mentioned in paragraph (2), the award may, at the discretion of the compensating authority, be made retrospective to a date not earlier than 13 weeks prior to the date on which the claim was made:
Provided that if the compensating authority are satisfied that the failure to make the claim within the period mentioned in paragraph (2) was due to ill-health or other circumstances beyond the claimant's control, the award may be made retrospective to a date not earlier than that on which the loss or diminution occurred.
PART V
RETIREMENT COMPENSATION AND PAYMENTS ON DEATH
Entitlement to retirement compensation and other payments
19
1
The compensating authority shall, subject to the provisions of these regulations, pay retirement compensation to any person to whom this Part of these regulations applies, and shall make the other payments for which provision is made in regulations 27 to 29.
2
This Part of these regulations applies to a pensionable officer who, before, on, or not later than 10 years after the date of the relevant event, has suffered loss or diminution of pension rights which is properly attributable to the happening of the relevant event and who —
a
is a person to whom these regulations apply;
b
has not at the date on which the loss or diminution was suffered reached normal retiring age;
c
has been continuously engaged (without a break of more than 12 months at any one time) on a full-time basis in relevant employment during the period beginning 8 years immediately before the second material date and ending on the date of the loss or diminution; and for this purpose the expression “ relevant employment ” includes any period of national service immediately following such employment.
3
a
Any claim for retirement compensation or other compensation under this Part of these regulations shall be made in accordance with the provisions of Part VII of these regulations not later than —
i
2 years after the date on which the loss or diminution of pension rights which is the cause of the claim was suffered, or
ii
2 years after the coming into operation of these regulations, or
iii
in a case where the claimant could not reasonably have known of the existence of the cause of his claim for compensation at the time when it in fact occurred, 2 years after the first date on which he could reasonably have known of its existence,
whichever is the latest, and
b
no such compensation as aforesaid shall be payable to or in respect of any claimant before he has reached normal retiring age unless either he has elected to take retirement compensation earlier in accordance with the following provisions of this Part of these regulations or the compensation is compensation payable under regulation 27 or 28.
4
Retirement compensation and any other such payments as are mentioned in paragraph (1) shall not, however, be paid or made —
a
to or in respect of a person who has suffered loss or diminution of pension rights which has been occasioned by loss of employment in consequence of a relevant event, if his employment could have been terminated by reason of misconduct or incapacity to perform such duties as, immediately before that loss of employment, he was performing or might reasonably have been required to perform; or
b
to or in respect of a person who has been offered reasonably comparable employment under the Crown or in the service of a national transport authority, the Executive, a Passenger Transport Executive or a subsidiary of any of those bodies and who would not have suffered a loss or diminution of pension rights had he accepted that employment; or
c
to or in respect of a person who has suffered a diminution of pension rights which has been occasioned by a diminution in his pensionable emoluments of less than 21/2 per cent.
5
If the claim results from loss of employment, paragraphs (2) and (3) of regulation 7 (which relate to offers of employment) shall apply for the purposes of this regulation as they apply for the purposes of regulation 7.
6
References in this Part of these regulations to the date of loss or diminution of pension rights or to the date on which a loss or diminution of pension rights was suffered shall, subject to regulation 5, be interpreted as references to the date on which the loss of employment or emoluments took place or the diminution of emoluments began or the change in the terms of service occurred which occasioned the loss or diminution of pension rights.
Factors governing payment of retirement compensation
20
1
Where retirement compensation is payable under any one of regulations 21, 22, 23 and 24, such compensation shall not be payable under any other of those regulations.
2
For the purpose of determining the amount of any retirement compensation which may, subject to the limits set out in these regulations, be payable thereunder, regard shall be had to the extent of the loss or the diminution of pension rights suffered and also to such of the factors set out in regulation 14(1) as may be relevant, and in addition the following further factors shall be taken into consideration —
a
the terms of any pension scheme associated with any new employment undertaken; and
b
the extent to which the person in question has sought pensionable employment, and the terms of any pension scheme which would have applied if he had accepted other suitable employment offered to him.
3
If a person has attained the age of 40 years at the date on which he suffered loss or diminution of pension rights, the compensating authority, in calculating the amount of the retirement compensation payable to him, shall credit him with additional years of service or an additional period of contribution on the following basis, namely —
a
2 years, whether or not he has completed any years of service after attaining the age of 40 years, and
b
2 years for each of the first 4 completed years of his reckonable service between the date when he attained the age of 40 years and the date of the loss or diminution, and
c
one year for each such year of service after the fourth;
but the additional years of service or period of contribution so credited shall not exceed the shortest of the following periods, namely —
i
such number of years as, when added to his pensionable service, would amount to the maximum period of such service which would have been reckonable by him had he continued in his employment until attaining normal retiring age, or
ii
the number of years of his reckonable service, or
iii
15 years;
and in calculating the amount of any retirement compensation payable to him any period so added shall be aggregated with any years of service or period of contribution entailing reduction of the relevant pension or retiring allowance because of a retirement pension payable under section 30 of the National Insurance Act 1965.
4
When retirement compensation is awarded, or when an award is reviewed under regulation 34, the additional compensation payable in consequence of any years of service or period of contribution credited to a person under paragraph (3) may be reduced or withheld to such extent as the compensating authority may think reasonable having regard to the pension scheme (if any) associated with any further employment obtained by him.
5
If under his last relevant pension scheme the amount of any benefit to which a person might have become entitled could have been increased at the discretion of the body, trustees or other persons administering the pension scheme or of any other body or person, the compensating authority may increase, to an extent not exceeding that to which his accrued pension, accrued retiring allowance, accrued incapacity pension or accrued incapacity retiring allowance might have been increased or supplemented, the corresponding component of any retirement compensation payable to him; and in this connection the compensating authority shall have regard to the terms of any relevant resolutions of such body, trustees or other persons with regard to the increase of benefits and to the provisions of any enactment protecting the interests of that person.
6
If under his last relevant pension scheme a person would have been entitled to surrender a proportion of any pension which might have become payable to him in favour of his spouse or any dependant, then, if he so desires and informs the compensating authority by notice in writing accordingly within one month after becoming entitled to retirement compensation under these regulations, he may surrender a proportion of so much of the said compensation as is payable by way of an annual sum on the like terms and conditions and in consideration of the like payments by the compensating authority as if the said annual sum were a pension to which he had become entitled under the said pension scheme.
7
In calculating for the purposes of regulation 21, 22, 23 or 24 the amount of the annual sum which is equal to a person's accrued pension, no account shall be taken of any reduction falling to be made in that pension by reason of the provisions of any Act relating to National Insurance until the person reaches the age at which under his last relevant pension scheme the pension would have been so reduced.
8
In paragraph (3) the expression “ reckonable service ” includes any period of employment of which account has been taken or is required to be taken in calculating the amount of any pension to which a person has become entitled under the last relevant pension scheme.
Retirement compensation for loss of a pension payable to pensionable officer on attainment of normal retiring age
21
Subject to the provisions of these regulations, when a person to whom this Part of these regulations applies reaches normal retiring age, the retirement compensation payable to him for loss of pension rights shall be —
a
an annual sum equal to the amount of his accrued pension, and
b
a lump sum equal to the amount of his accrued retiring allowance (if any).
Retirement compensation payable to pensionable officer on his becoming incapacitated or reaching minimum pensionable age
22
1
Where a person to whom this Part of these regulations applies and who has suffered loss of his pension rights before attaining what would have been his normal retiring age —
a
becomes incapacitated in circumstances in which, if he had not suffered such loss as aforesaid, he would have become entitled to a pension under his last relevant pension scheme, or
b
attains the age which, if he had not suffered the said loss, would have been his minimum pensionable age,
he shall be entitled on the happening of either of those events to claim, in lieu of any compensation to which he would otherwise be entitled under these regulations —
i
in a case where sub-paragraph (a) of this paragraph applies, an annual sum equal to the amount of his accrued incapacity pension and a lump sum equal to the amount of his accrued incapacity retiring allowance (if any), and
ii
in a case where sub-paragraph (b) of this paragraph applies, an annual sum equal to the amount of his accrued pension and a lump sum equal to the amount of his accrued retiring allowance (if any),
subject however to the conditions specified in paragraph (5).
2
On receipt of a claim under paragraph (1) the compensating authority shall consider whether the claimant is a person to whom that paragraph applies, and within 13 weeks after the date of the receipt of the claim —
a
if they are satisfied that he is not such a person, they shall notify him in writing accordingly; or
b
if they are satisfied that he is such a person, they shall assess the amount of compensation payable to him and notify him in writing accordingly;
and any such notification shall, for the purposes of these regulations, be deemed to be a notification by the authority of a decision on a claim for compensation.
3
A compensating authority may require any person who makes a claim under paragraph (1)(a) to submit himself to a medical examination by a registered medical practitioner selected by that authority, and if they do so, they shall also afford the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration together with the report of the medical practitioner selected by them.
4
If a person wishes to receive compensation under this regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under paragraph (2) or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim.
5
The calculation of compensation under this regulation shall be subject to the following conditions —
a
where the compensating authority, by virtue of regulation 20, have credited the person with additional years of service or an additional period of contribution, no account shall be taken of any additional years or period beyond the number of years which he could have served, had he not lost his employment (in a case where the loss of pension rights was the result of a loss of employment), before the date on which the claim was received by the compensating authority; and
b
if, by reason of any provision of the last relevant pension scheme for a minimum pension or benefit, the amount of any such pension or retiring allowance is in excess of that attributable to the person's actual service, no account shall be taken of any such additional years or period except to the extent (if any) by which they exceed the number of years represented by the difference between his actual service and the period by reference to which the minimum pension or benefit has been calculated; and
c
if the number of years by reference to which an accrued incapacity pension or accrued incapacity retiring allowance is to be calculated is less than any minimum number of years of qualifying service prescribed by the relevant pension scheme, the amount of such pension or retiring allowance shall, notwithstanding any minimum pension or benefit prescribed by the pension scheme, not exceed such proportion of such minimum pension or benefit as the number of years of pensionable service bears to the minimum number of years of qualifying service.
Option to take retirement compensation prematurely
23
1
If a person to whom this Part of these regulations applies has suffered a loss of pension rights and loss of employment after attaining the age of 50 years both losses being attributable to the happening of the relevant event and so requests the compensating authority by notice in writing, he shall be entitled, as from the date on which the compensating authority receives such notice, to an annual sum equal to the amount of his accrued pension and a lump sum equal to the amount of his accrued retiring allowance (if any), and in that event he shall not be entitled to receive any further payment of long-term compensation after the date on which compensation under this regulation becomes payable:
Provided that —
i
in calculating the amount of the compensation payable to a person who has given such notice as aforesaid no account shall be taken of any additional years of service or period of contribution credited to him under regulation 20; and
ii
where the person has claimed long-term compensation the said notice shall be given not later than 2 years after a decision on the claim has been notified or, where the decision has been reviewed under regulation 34(4), not later than 2 years after the review, or if there has been more than one such review, after the latest.
2
Regulation 22(2) and (4) shall apply in relation to a notice given under the last foregoing paragraph as it applies to a claim made under paragraph (1) of that regulation.
3
Where an annual sum is payable under this regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation payable as aforesaid.
4
If a person to whom this Part of these regulations applies has suffered a diminution of pension rights otherwise than by reason of a diminution of his pensionable emoluments and has also suffered a loss of employment after attaining the age of 50 years, such diminution and loss being both attributable to the happening of the relevant event, the provisions of this regulation shall apply and have effect in relation to him in like manner as if he were such a person as is mentioned in paragraph (1) except that the lump sum (if any) referred to in that paragraph shall be reduced by the amount of any pension paid or payable by way of a lump sum under his last relevant pension scheme and except that the annual sum so referred to shall be such annual sum as is therein provided but reduced, on and after the date on which he is first entitled under the said scheme to be paid any instalment of his pension by way of annual amounts, by the amount of each such instalment and paragraph (2) of regulation 24 shall have the like effect in the application of this paragraph as it does in the application of paragraph (1)(b) of that regulation.
Retirement compensation for diminution of pension rights
24
1
Regulations 21 and 22 shall apply and have effect in relation to a person to whom this Part of these regulations applies and who has suffered a diminution of pension rights as if —
a
where that person has suffered such diminution by reason of a diminution of his pensionable emoluments, the annual sum and the lump sum (if any) payable to him as retirement compensation under those regulations were equal to such an annual sum and such a lump sum (if any) as respectively bear the same ratio to the sums which would be payable under those regulations, had he suffered a loss (instead of a diminution) of pension rights, as the ratio which the amount of the diminution of his pensionable emoluments bears to those emoluments before their diminution, and
b
where that person has suffered diminution of pension rights for any other reason, the annual sum and the lump sum (if any) payable to him as retirement compensation under those regulations were equal to the annual sum and lump sum (if any) which would be payable under those regulations, had he suffered a loss (instead of a diminution) of pension rights, respectively reduced by the amount of any sums payable under his last relevant pension scheme in each year after retirement compensation becomes payable and by the amount of any lump sum paid or payable under that scheme.
2
In the application of paragraph (1)(b) to an officer to or in respect of whom the provisions of any order made under section 74 of the Act of 1962 as read with section 136 of the Act of 1968 have effect so as to secure the payment or payments comprised in his accrued pension rights, the references in that paragraph to his last relevant pension scheme shall include a reference to any arrangements made under that scheme pursuant to such an order and to any arrangements made under that order for the purpose of discharging any liability of a body to make payments prescribed thereby.
Pension contributions
25
1
A person entitled to retirement compensation under these regulations for loss of pension rights shall pay to the compensating authority an amount equal to any sum which was paid to him by way of return of pension contributions, including any interest, after ceasing to be employed, and the compensating authority may at his request repay that amount to him at any time before he becomes entitled as aforesaid, but if that amount is not paid to the compensating authority, or is repaid by them to the person, the compensation shall be reduced by an annual amount the capital value of which is equal to the amount of the said contributions.
2
For the purposes of this regulation the expression “ pension contributions ” shall include payments made to the pension fund by the person in respect of added years and any additional contributory payments so made by him.
Retirement compensation of a person who obtains further pensionable employment
26
Where a person to whom this Part of these regulations applies, after suffering loss or diminution of pension rights, enters new employment in which he is subject to any pension scheme and thereafter becomes entitled to reckon for the purposes of that scheme any service or period of contribution which falls to be taken into account for the purpose of assessing the amount of any retirement compensation payable to him, his entitlement to retirement compensation shall be reviewed and no retirement compensation shall be payable in respect of such service or period unless the annual rate of the pensionable emoluments to which he was entitled immediately before such loss or diminution exceeds the annual rate on entry of the pensionable emoluments of the new employment by more than 2 1/2 per cent. of such first-mentioned emoluments, and any retirement compensation so payable to him shall, in so far as it is calculated by reference to remuneration, be calculated by reference to the difference between the said annual rates:
Provided that this regulation shall not operate to increase the amount of any retirement compensation payable in respect of loss or diminution of pension rights beyond the amount which would have been payable if the person had attained normal retiring age immediately before he suffered the loss or diminution of pension rights.
Compensation payable to widow or dependants of a claimant
27
1
Payments in accordance with this regulation and regulations 28 and 29 shall be made to or for the benefit of the widow, child or other dependant or to the personal representatives of a person to whom this Part of these regulations applies.
2
If the widow, child or other dependant of that person might, but for the loss or diminution of his pension rights have become entitled to a pension or, as the case may be, to a larger pension under his last relevant pension scheme, the widow, child or other dependant concerned shall be entitled to receive an annual sum equal to the prescribed proportion of any retirement compensation by way of annual amounts payable to the person under regulation 21, 22, 23 or 24 immediately before his death or, if he dies before becoming entitled to receive compensation under any of those regulations, the prescribed proportion of the compensation by way of annual amounts which he would have received under regulation 22 or, as the case may be, under that regulation as applied by regulation 24, had he become entitled thereto immediately before his death:
Provided that —
i
where any retirement compensation has been surrendered under regulation 20(6) or compounded under regulation 35, any sum payable under this regulation shall be calculated as if such surrender or compounding had not taken place;
ii
where the pension scheme provides for payment of the pension to any person on behalf of a child or other dependant, any annual sum payable as aforesaid to a child or other dependant shall be paid to that person on behalf of the child or dependant in the like manner and for the like period as is provided in the pension scheme;
iii
in calculating the sum payable as aforesaid, it shall be assumed that the retirement compensation payable, or which would have been payable, to a person under regulation 21, 22, 23 or 24 had been such sum as would have been payable if the accrued pension or accrued incapacity pension had not been reduced by reason of the provisions of any Act relating to National Insurance;
iv
where by virtue of a provision of the pension scheme, the annual pension which would have been paid to the widow, child or other dependant but for the loss or diminution of pension rights would not have exceeded, or would not have been less than, or would have been a specified amount, or an amount ascertainable when calculated in like manner as is provided in paragraph (5)(b), the aggregate of the annual sum payable under this regulation and any annual pension payable under the pension scheme to the widow, child or other dependant shall correspondingly not exceed, not be less than or shall be equal to that specified amount or, as the case may be, the amount ascertained when so calculated as aforesaid.
3
Any annual sum payable to or for the benefit of a widow, child or other dependant under this regulation shall cease to be payable in any circumstances in which a corresponding pension under the pension scheme referred to in paragraph (2) would have ceased to be payable.
4
Except where the compensation has been reduced under regulation 25, compensation payable under this regulation and regulation 28 shall in the aggregate be reduced by an amount the capital value whereof is equal to the amount of any pension contributions as defined in regulation 25(2) returned to the person in respect of whom the compensation is payable and either not paid to the compensating authority or repaid by the compensating authority to him, the compensation under each such regulation being reduced in proportion to the capital value of each amount.
5
In this regulation “ prescribed proportion ” means —
a
where provision is made in any last relevant pension scheme of a person to whom this Part of these regulations applies for the pension payable to his widow, child or other dependant to be of such annual amounts as will bear a certain proportion to that person's pension (whether that person's pension is payable to him under that same pension scheme or under another such scheme dealing exclusively with his pension), that certain proportion, and
b
where no such provision is made, the proportion which the annual amounts of the pension to which the widow, child or other dependant of the person in question would have become entitled, in the circumstances mentioned in paragraph (6), (such amounts being calculated in the manner specified in paragraph (7)), bears to the amount of that person's accrued pension or, as the case may be, accrued incapacity pension as assessed for the purpose of calculating his retirement compensation except that any reduction in the amount of such pension made by reason of the provisions of any Act relating to National Insurance shall, for the purpose of this sub-paragraph, be disregarded.
6
The circumstances referred to in paragraph (5)(b) are that the person to whom this Part of these regulations applies had died immediately before the date on which he suffered the loss or diminution of the pension rights concerned, having then complied with any requirements of the pension scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was then in the course of making.
7
The calculation referred to in paragraph (5)(b) shall be made on the basis of the method prescribed by the last relevant pension scheme of the person in question for the calculation of benefits for a widow, child or other dependant, but in making that calculation in a case where that person has attained the age of 40 years at the date when he suffered the loss or diminution of pension rights he shall be credited, unless he is a person who is entitled to retirement compensation under regulation 23, with such number of additional years of service or such period of contributions as was or may be properly credited to him under regulation 20(3) (subject to the provisions of paragraph (5) of regulation 22 if the person in question is entitled to compensation under that regulation) for the purpose of calculating the amount of his retirement compensation:
Provided always that in so crediting him as aforesaid, any number of years of service or period of contribution prescribed by the scheme to be taken into account as a limit in calculating any pension payable to the widow, child or other dependant shall not as a result be exceeded.
Compensation where death grant would have been payable
28
1
If the widow or the personal representatives of a person to whom this Part of these regulations applies (in this regulation called “ the deceased person ”) might, but for that person having suffered a loss or diminution of pension rights, have become entitled to a death grant under his last relevant pension scheme, she or they, as the case may be, shall be entitled to receive a sum calculated in accordance with the provisions of this regulation and of regulation 27(4) which sum shall hereafter in this regulation be referred to as “ the said sum ”.
2
The amount of the said sum shall be ascertained in accordance with the method of calculation of the death grant prescribed by the deceased person's last relevant pension scheme, as modified for the purpose of this regulation by paragraph (3), but in making this calculation in any particular case such of the following assumptions as may be applicable shall be made —
a
where the deceased person had not been in receipt of retirement compensation, it shall be assumed that he had died immediately before the date on which he suffered the loss or diminution of pension rights;
b
where the deceased person had been in receipt of retirement compensation, it shall be assumed that he had retired on that date; and
c
except where the deceased person had been in receipt of retirement compensation under regulation 23, it shall be assumed that on the date on which he suffered the loss or diminution of pension rights he had served for a further period of pensionable service equivalent to the aggregate of any additional years of service or period of contribution credited to him under regulation 20(3), but so however that —
i
in a case where the deceased person had been in receipt of retirement compensation under regulation 22, such further period shall not exceed the period between the date on which the said loss or diminution was suffered and the date of the claim under that regulation, and
ii
in any other case such further period shall not exceed the period between the date on which the said loss or diminution was suffered and the actual date of the death of the deceased person.
3
For the purpose of applying the method of calculation specified in paragraph (2) in a case where the last relevant pension scheme contains a provision to the effect that payment of death grant is to be related to the period which has elapsed from retirement to death, the reference in that provision to such a period shall be treated as a reference to the period which has elasped from the first accrual of retirement compensation to the actual death of the deceased person.
4
If the number of years of the deceased person's service or period of contribution is less than the minimum number of years of qualifying service or period prescribed by the pension scheme for the receipt of a death grant, the said sum shall not exceed such proportion of the death grant calculated as aforesaid as the number of years of the person's pensionable service or period of contribution bears to the minimum number of years of qualifying service or period prescribed by the pension scheme.
5
There shall be deducted from the said sum the amount of any retirement compensation paid to or in respect of the deceased person or where any part of that compensation has been surrendered under regulation 20(6), the amount which would have been paid but for any such surrender.
6
Where payment of more than one such sum under this regulation is made in relation to one death, the part of the total amount of retirement compensation to be deducted from each such sum under paragraph (5) shall bear the same proportion to such total amount as the said sum in question bears to the aggregate of such sums paid under this regulation in relation to that death.
7
For the purpose of calculating any death grant which might be payable under the last relevant pension scheme, an annual sum payable to, or for the benefit of, a widow, child or other dependant under regulation 27 shall be deemed to be a pension payable to, or for the benefit of, the widow, child or dependant, as the case may be.
8
If the widow or the personal representatives of the deceased person became entitled under his last relevant pension scheme to a smaller death grant than would have been payable had he not suffered a diminution of pension rights attributable to the happening of the relevant event, she or they, as the case may be, shall be entitled to receive a sum calculated in accordance with the foregoing provisions of this regulation modified as follows: —
a
in a case where the reduction of the death grant has occurred because the diminution of pension rights has been occasioned by the diminution of the deceased person's pensionable emoluments, the amount of the pensionable emoluments to be taken into account for ascertaining the said sum in accordance with paragraph (2) shall be the amount of that diminution, and
b
in all other cases, the sum payable to the widow or the personal representatives shall be the said sum calculated in accordance with the foregoing provisions of this regulation but reduced by the amount of the death grant to which the widow or the personal representatives became entitled as aforesaid.
Balances payable to claimant's widow or personal representatives
29
1
If no annual sum is payable to the widow, child or other dependant of any person under regulation 27 and no sum is payable under regulation 28 and the person dies before he has received in the aggregate by way of retirement compensation a sum equivalent to the amount of any contributions repaid by him under regulation 25, together with compound interest thereon calculated at the rate of 3 per cent. per annum with half-yearly rests up to the date of his death as from the 1st April or 1st October following the half year in which the amount was paid, there shall be paid to his personal representatives the difference between the aggregate amount received by way of retirement compensation as aforesaid and the said equivalent sum.
2
If an annual sum becomes payable to a widow under regulation 27 and on her re-marriage or death the sum ceases to be payable, and any sum payable to a child or other dependant under that regulation has ceased to be payable, and if the aggregate amount of the payments which were made as aforesaid to her husband by way of retirement compensation and to the widow or personal representatives under regulation 28 is less than a sum equivalent to the amount which would have been payable to the personal representatives under that regulation if no annual sum had been payable under regulation 27, there shall be paid to her or her personal representatives the difference between such aggregate amount and the said equivalent sum.
3
For the purposes of this regulation a person who has surrendered any part of his retirement compensation under regulation 20(6) shall be deemed to have received during any period the amount of compensation for that period which he would have received but for any such surrender.
Intervals for payment of compensation under Part V
30
Any compensation awarded as an annual sum under this Part of these regulations to or in respect of any person shall be payable at intervals equivalent to those at which the corresponding benefit would have been payable under the person's last relevant pension scheme or at such other intervals as may be agreed between the person entitled to receive the compensation and the compensating authority.
PART VI
ADJUSTMENT, REVIEW AND COMPOUNDING OF COMPENSATION
Adjustment of compensation where pension is also payable
31
1
Where any period of service of which account was taken in calculating the amount of any compensation payable under Part IV or V of these regulations is subsequently taken into account for the purpose of calculating the amount of any pension payable to or in respect of any person in accordance with a pension scheme associated with any employment undertaken subsequent to the date on which the attributable loss was suffered which gave rise to the claim for compensation (in this regulation called “ the said scheme ”), the compensating authority may in accordance with this regulation withhold or reduce the compensation payable in respect of any period for which such pension is being received.
2
If the part of any pension by way of annual amounts which is attributable to a period of service mentioned in paragraph (1) equals or exceeds the part of any compensation by way of annual amounts which is attributable to the same period, that part of the compensation may be withheld, or if such part of the pension is less than such part of the compensation, the compensation may be reduced by an amount not exceeding such part of the pension.
3
Where a death benefit is or becomes payable under the said scheme in respect of any person who is for the purposes of regulation 28 called therein the deceased person, any sum payable under that regulation in respect of such a person may be reduced by an amount not greater than the proportion of the death benefit which the period of service mentioned in paragraph (1) bears to the total period of service of which account was taken in the calculation of the death benefit.
4
In addition to any reduction authorised by paragraph (2) or (3), if, in the circumstances mentioned in paragraph (1), compensation by way of annual amounts is attributable in part to any provision of the said scheme for a minimum benefit or pension, the compensation may be reduced by an amount not exceeding that part.
5
Where any additional years of service or period of contribution have been credited to a person under regulation 20(3), if the number of such years or such period is equal to or less than the period spent in the subsequent employment mentioned in paragraph (1), the compensation by way of annual amounts may be reduced (in addition to any other reduction authorised by this regulation) by an amount not exceeding that attributable to the additional years or period so credited or, if the number of such years or such period is greater than the period spent in the subsequent employment, by such proportion of that amount as the period spent in the subsequent employment bears to the number of additional years or the period so credited.
6
Where compensation has been calculated in accordance with regulation 26, the provisions of this regulation shall apply only in relation to such part (if any) of the pension mentioned in paragraph (1) as is attributable to pensionable emoluments in excess of those to which the person was entitled on entering the new employment referred to in regulation 26.
7
Where long-term compensation is payable to a person in respect of diminution of emoluments or worsening of his position or of both, the provisions of this regulation shall apply only in relation to such part (if any) of the pension as is under the said scheme attributable to his emoluments in the said subsequent employment, being emoluments in excess of those emoluments to which that person was entitled immediately before he suffered the diminution of emoluments or worsening of his position, or if he suffered both, before he suffered whichever was the earlier.
8
Where retirement compensation is payable to a pensionable officer in respect of diminution of pension rights occasioned by a diminution of pensionable emoluments, the provisions of this regulation shall apply only in relation to such part (if any) of the pension as is attributable to pensionable emoluments in excess of those to which that officer was entitled immediately prior to the diminution of his pension rights.
Reduction of compensation in certain cases
32
1
If under a person's last relevant pension scheme any benefit or pension for which the scheme provided would have been subject to reduction or suspension on his taking up other employment specified in that behalf in the scheme, any retirement compensation to which he is entitled for loss or diminution of pension rights shall, where such employment is taken up, be reduced or suspended in the like manner and to the like extent:
Provided that in calculating the amount of the reduction of the compensation in a case where by the provisions of the scheme the amount of the reduction of the benefit or pension is to be related to the emoluments of the employment taken up, the amount of any pension by way of annual amounts payable to the person under his last relevant pension scheme shall be treated as emoluments which shall for the purpose of the calculation be aggregated with the actual emoluments of the said employment.
2
There shall be deducted from the retirement compensation payable to any person any additional contributory payments remaining unpaid at the date when he suffered loss or diminution of pension rights; and any such payments not recovered at the date of his death shall be deducted from any compensation payable in respect of that person under regulation 27, 28 or 29.
3
Where a person is entitled to compensation under these regulations and the circumstances are such that he is also entitled to —
a
a redundancy payment under the Redundancy Payments Act 1965, or
b
any similar payment in consequence of the loss of his employment under any contract or arrangement with the body or person by whom he was employed (other than payments by way of a return of contributions under a pension scheme), or
c
any payment under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown,
the compensation which would, apart from this paragraph, become due to the person, whether by instalments or lump sum or both, shall in the aggregate be reduced by the amount of the payments referred to in this paragraph.
4
Where any resettlement or long-term compensation is payable to or in respect of any person, and that person or his widow, child or other dependent or his personal representatives is or are also entitled (whether immediately or on the person's attaining some greater age) to a pension under that person's last relevant pension scheme, any instalment of such compensation which is payable in respect of any period shall be reduced by the amount of the instalment of such pension which is payable in respect of the same period.
5
For the purposes of paragraph (4) no account shall be taken of any sum payable in consequence of the surrender by any person of part of his pension under any provision in that behalf in his last relevant pension scheme with a view to obtaining or increasing allowances for his widow, child or other dependant; and the person shall be deemed to have received during any period the amount of pension which he would have received but for any such surrender.
6
Where in any week a person is entitled to long-term compensation and is also entitled to unemployment, sickness or injury benefit under any Act relating to National Insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such National Insurance benefit claimable in respect of that week and the weekly rate at which the long-term compensation would be payable but for this regulation exceeds two thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished:
Provided that this paragraph shall not apply in relation to any such sickness or injury benefit in so far as —
i
an equivalent sum is deducted from the emoluments of his current employment, and
ii
such deduction from those emoluments has not occasioned an increase in his long-term compensation.
7
In paragraph (6) the expression “ weekly rate ” means seven three hundred and sixty-fifths of the relevant annual rate.
Notification of change of circumstances
33
Where —
a
a pensionable officer after suffering any attributable loss enters any new employment referred to in regulation 26 or becomes entitled to any pension on ceasing to hold any such employment, or
b
a person entitled to long-term compensation enters employment the remuneration whereof is payable out of public funds or by any national transport authority or subsidiary thereof, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or
c
a person entitled to retirement compensation enters employment in which the compensation is subject to reduction or suspension under regulation 32, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or
d
a person entitled to long-term compensation starts to receive any benefit, any increase in benefit or any further benefit under any Act relating to National Insurance,
he shall forthwith inform the compensating authority in writing of that fact.
Review of awards of long-term or retirement compensation
34
1
The compensating authority shall, within a period of 2 years after the date on which any decision on a claim for long-term or retirement compensation (other than compensation payable under regulation 23) is notified to a claimant under regulation 36 and at intervals of not more than 6 months, review their decision or, where the claim has been the subject of an appeal, the decision of the tribunal, and these regulations shall apply in relation to any such review as they apply in relation to the initial determination of the claim; and on such review, in the light of any material change in the circumstances of the case, compensation may be awarded, or compensation previously awarded may be increased, reduced or discontinued, subject to the limits set out in these regulations:
Provided that where the person to whom the decision relates ceases to hold the employment in which his emoluments were diminished, a review shall be held within 3 months after the date on which he ceases to hold that employment.
2
After the expiration of the period of 2 years mentioned in paragraph (1), the compensating authority may, at their discretion, carry out reviews in accordance with that paragraph at intervals of not less than 12 months.
3
The person to whom the decision relates may at any time require the compensating authority to carry out a review in accordance with paragraph (1) if he considers that there has been a change in the circumstances of his case which is material for the purposes of these regulations.
4
Notwithstanding anything contained in the foregoing provisions of this regulation, the compensating authority shall review a decision (whether of the authority or the tribunal) on a claim for long-term compensation for loss of employment, diminution of emoluments or worsening of a person's position after the expiration of the said period of 2 years if at any time —
a
the person to whom the decision relates becomes engaged in employment (hereinafter referred to as his “ current employment ”) the remuneration whereof is payable out of public funds, or by any national transport authority or subsidiary thereof, and which he has undertaken subsequent to the date on which he suffered the loss, diminution or worsening, and
b
the aggregate of the net emoluments of his current employment, any pension or benefit by way of annual amounts payable to him in respect of the employment which he has lost or in which he suffered the diminution or worsening and the long-term compensation payable to him exceeds the net emoluments of the employment which he has lost or, as the case may be, in which he so suffered.
5
The compensating authority shall further review any decision reviewed under paragraph (4) whenever the net emoluments of the person's current employment are increased.
6
If on any review under paragraph (4) or (5) the compensation is reduced, it shall not be reduced below the amount by which the net emoluments of the person's current employment, together with any pension or benefit by way of annual amounts payable to him in respect of the employment in which he has suffered the attributable loss, falls short of the net emoluments of the employment in which he suffered that loss.
7
The compensating authority shall give to a person to whom a decision relates not less than 14 days' notice of any review of that decision to be carried out under this regulation unless the review is carried out at his request.
8
Nothing in this regulation shall preclude the making of any adjustment of compensation required by regulation 31 or 32.
Compounding of awards
35
1
In a case where an annual sum which has been or might be awarded under these regulations does not exceed £26, the compensating authority may, at their discretion, compound their liability in respect thereof by paying a lump sum equivalent to the capital value of the annual sum and, if any lump sum payment has been or might be awarded in addition to such annual sum under regulation 21, 22, 23 or 24, the compensating authority may likewise discharge their liability in respect thereof by an immediate payment.
2
In any other case, if the person who has been awarded long-term or retirement compensation requests them to do so, the compensating authority may, after having regard to the state of health of that person and the other circumstances of the case, compound up to one quarter of their liability to make payments under the award (other than payments to a widow, child or other dependant under regulation 27) by the payment of an equivalent amount as a lump sum or, where any compensation has been awarded as a lump sum, by increasing that compensation to such equivalent amount; and in calculating for this purpose the liability of the authority to make such payments, account shall be taken of the annual value of lump sum payments of compensation.
3
The making of a composition under paragraph (2) in relation to an award of long-term or retirement compensation shall not prevent the subsequent making of a composition under paragraph (1) in relation to that award, but, subject as aforesaid, not more than one composition may be made in relation to any award.
PART VII
PROCEDURE AND MISCELLANEOUS
Procedure on making claims
36
1
Every claim for compensation under these regulations and every request for a review of an award of long-term or retirement compensation shall be made in accordance with this regulation.
2
Every such claim and request shall be made to the compensating authority in writing, shall set out the grounds on which the claim or request is made and shall state whether any other claim for compensation has been made by the claimant under these regulations.
3
Resettlement compensation shall be claimed separately from any other form of compensation claimable under these regulations.
4
The compensating authority shall consider any such claim or request in accordance with the relevant provisions of these regulations and shall notify the person making the claim or request in writing of their decision —
a
in the case of a claim for resettlement compensation, not later than one month after the receipt of the claim, and
b
in the case of a claim for, or request for the review of an award of, compensation under Part IV or V of these regulations, not later than 13 weeks after the receipt of the claim or request, and
c
in any other case, as soon as possible after the decision;
but the decision of a compensating authority shall not be invalidated by reason of the fact that notice of the decision is given after the expiry of the period mentioned in this paragraph.
5
Every notification of a decision by the compensating authority (whether granting or refusing compensation or reviewing an award, or otherwise affecting any compensation under these regulations) shall contain a statement —
a
giving reasons for the decision;
b
showing how any compensation has been calculated and, in particular, if the amount is less than the maximum which could have been awarded under these regulations, showing the factors taken into account in awarding that amount; and
c
directing the attention of the claimant to his right under regulation 42, if he is aggrieved by the decision, to institute proceedings before a tribunal and giving him the address to which the application instituting such proceedings should be sent.
Claimants to furnish information
37
1
Any person claiming or receiving compensation or whose award of compensation is being reviewed shall furnish all such information as the compensating authority may at any time reasonably require; and he shall verify the same in such manner, including the production of books or original documents in his possession or control, as may be reasonably so required.
2
Any such person shall, on receipt of reasonable notice, present himself for interview at such place as the compensating authority may reasonably require; and any person who attends for interview may, if he so desires, be represented by his adviser.
Procedure on death of claimant
38
1
In the event of the death of a claimant or of a person who, if he had survived, could have been a claimant, a claim for compensation under these regulations may be continued or made, as the case may be, by his personal representatives.
2
Where any such claim is continued or made as aforesaid by personal representatives, the personal representatives shall, as respects any steps to be taken or thing to be done by them in order to continue or make the claim, be deemed for the purposes of these regulations to be the person entitled to claim, but, save as aforesaid, the person in whose right they continue or make the claim shall be deemed for the purposes of these regulations to be such person, and the relevant provisions of these regulations shall be construed accordingly:
Provided that the compensating authority may in any such case extend the period within which a claim is required to be made by regulation 7, 13 or 19.
Calculation of service
39
For the purpose of making any calculation under these regulations in respect of a person's reckonable service, all periods of such service shall be aggregated and, except where reference is made to completed years of service, if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds 6 months, be treated as a year, and shall, in any other case be disregarded.
Temporary variation of emoluments
40
In calculating for the purposes of these regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished, and in determining the net emoluments, the accrued pension or the accrued retiring allowance of any person who has suffered attributable loss, no account shall be taken of any increase in the amount of the person's emoluments which is due to any temporary allowance made in consequence of the happening of the relevant event and otherwise than in the ordinary course of his employment.
Compensation not assignable
41
Subject to any statutory provision in that behalf, any compensation to which a person becomes entitled under these regulations shall be paid by the compensating authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable:
Provided that, without prejudice to any other right of recovery, any compensation paid in error to a person may be recovered by the compensating authority from him by deduction from any compensation payable to him under these regulations.
Right of appeal from decision of compensating authority
42
1
Every person who is aggrieved by any decision of the compensating authority with respect to a compensation question or by any failure on the part of the compensating authority to notify him of any such decision within the appropriate time prescribed by these regulations, may within 13 weeks of the notification to him of the decision or the expiry of the prescribed time, as the case may be, institute proceedings for the determination of the question by a tribunal in accordance with the Industrial Tribunals (Employment and Compensation) Regulations 1967 and these regulations; and the tribunal shall determine the question accordingly.
2
For the purpose of any such proceedings a person or persons may be appointed to sit with the tribunal as assessor or assessors.
3
The compensating authority shall give effect to the decision of the tribunal subject to any modifications that may be required in consequence of any appeal from that decision on a point of law.
Peter Walker
Secretary of State for the Environment
22nd December 1970
SCHEDULE 1
Regulation 4
Table showing the events which can occasion a claim for compensation under these regulations and the first material dates and compensating authorities in connection therewith.
Relevant Event First Material Date Compensating Authority (1) (2) (3)
1. Transfer of property, rights or liabilities under section 16(1) of the Act. The date of the passing of the Act. The Executive. 2. Transfer of property, rights or liabilities under section 16(2) of the Act. The date of the passing of the Act. The Bus Company. 3. Transfer of any rights or liabilities relating to the transfer of any of the London Board's employees pursuant to any arrangements under paragraph 6 of Schedule 2 to the Act. The date of the passing of the Act. Whichever of the two authorities the Executive or the Bus Company is the authority into whose employment or into the employment of whose subsidiary the employee is transferred pursuant to that arrangement or, if there is no such authority, the Executive. 4. Transfer of any property, rights or liabilities under section 21 of the Act. The date on which the Secretary of State approves under section 21(2) of the Act the scheme relating to the transfer in question. Whichever of the three authorities, the Executive the Railways Board or the Bus Company is the authority by whom, or by whose subsidiary the person suffering the attributable loss was employed immediately before the occurrence of that loss. 5. Transfer of any property, rights or liabilities under section 22 of the Act. The date on which the Secretary of State makes the order under section 22 of the Act in accordance with which the property, rights or liabilities in question are transferred. Whichever of the three authorities, the Executive, the Railways Board or the Bus Company is the authority by whom, or by whose subsidiary the person suffering the attributable loss was employed immediately before the occurrence of that loss. 6. Transfer of any property, rights or liabilities in pursuance of a direction given under section 20(1) of the Act. The date on which the Council directs the Executive to give effect to the proposals which include the arrangements for the transfer in question. The Executive. 7. Any change in the manner in which the Executive's undertaking is organised made in accordance with section 11(6) of the Act in pursuance of a direction by, or with the approval of, the Council. The date on which the direction by, or as the case may be approval of, the Council is given. The Executive. 8. The making of any adaptations such as are mentioned in paragraph 5(4) of Schedule 16 to the Act of 1968 as applied by paragraph 7(1) of Schedule 3 to the Act. The date of the making of the order under paragraph 5(4) of the said Schedule 16. Whichever of the three authorities, the Executive, the Railways Board or the Bus Company is the authority by whom or by whose subsidiary the person suffering the attributable loss was employed immediately before the occurrence of that loss.
NOTE: — In determining for the purpose of this Schedule whether a subsidiary is a subsidiary of a particular nationalised transport body, no account shall be taken of the provisions of section 51(5) of the Act of 1968.
SCHEDULE 2
Regulation 2(2)
TABLE 1
Table showing the capital value of an annual amount of £1 payable for life
Capital value of £1 per annum payable for life Age Female Male £ s. d. £ s. d.
Under 35 15 11 0 15 3 0 35 and under 40 15 2 0 14 12 0 40 and under 45 14 11 0 13 19 0 45 and under 50 13 18 0 13 2 0 50 13 9 0 12 11 0 51 13 5 0 12 7 0 52 13 2 0 12 3 0 53 12 18 0 11 18 0 54 12 14 0 11 14 0 55 12 10 0 11 9 0 56 12 6 0 11 5 0 57 12 2 0 11 0 0 58 11 18 0 10 15 0 59 11 13 0 10 10 0 60 11 8 0 10 5 0 61 11 4 0 10 0 0 62 10 19 0 9 14 0 63 10 14 0 9 9 0 64 10 8 0 9 3 0 65 10 3 0 8 18 0 66 9 18 0 8 12 0 67 9 12 0 8 7 0 68 9 7 0 8 1 0 69 9 1 0 7 16 0 70 8 15 0 7 10 0
NOTE: — This table is for use in connection with regulation 35(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 21, 22, 23 or 24. Where the compensation is payable before age 60 (females), 65 (males) but will be reduced on the attainment of that age (in connection with National Insurance pension) the table should be used in conjunction with Table II, i.e. Table II should be used for valuing that part of the compensation which ceases to be payable at age 60 or 65 as the case may be and this table should be used for valuing the remainder.
TABLE II
Table showing the capital value of an amount of £1 per annum ceasing at age 60 (females), 65 (males)
Capital Value Age Female Male £ s. d. £ s. d.
Under 35 13 8 0 14 2 0 35 and under 40 12 5 0 13 3 0 40 and under 45 10 14 0 11 19 0 45 and under 50 8 13 0 10 8 0 50 7 3 0 9 6 0 51 6 12 0 8 18 0 52 6 0 0 8 9 0 53 5 7 0 7 19 0 54 4 13 0 7 10 0 55 3 18 0 6 19 0 56 3 3 0 6 8 0 57 2 6 0 5 17 0 58 1 9 0 5 4 0 59 10 0 4 11 0 60 — 3 17 0 61 — 3 2 0 62 — 2 6 0 63 — 1 8 0 64 — 10 0
NOTE: — This table is for use in connection with regulation 35(1) and (2) for the compounding of any part of annual retirement compensation which will cease to be payable on the attainment of age 60 (females), 65 (males). Table I should be used in relation to the remainder of such compensation, i.e. the part which is payable for life — see note on that table.
TABLE III
Table showing the capital value of an annual amount of £1 payable to a widow until death or remarriage
Age of widow at date of widowhood Capital value of £1 per annum as at date of widowhood £ s. d.
20 6 0 0 21 6 0 0 22 6 0 0 23 6 0 0 24 6 0 0 25 6 5 0 26 6 12 0 27 6 19 0 28 7 6 0 29 7 13 0 30 8 0 0 31 8 8 0 32 8 15 0 33 9 2 0 34 9 8 0 35 9 15 0 36 10 1 0 37 10 6 0 38 10 11 0 39 10 16 0 40 11 1 0 41 11 5 0 42 11 9 0 43 11 12 0 44 11 15 0 45 11 18 0 46 12 1 0 47 12 3 0 48 12 5 0 49 12 6 0 50 12 6 0 51 12 6 0 52 12 5 0 53 12 4 0 54 12 3 0 55 12 1 0 56 11 19 0 57 11 16 0 58 11 13 0 59 11 10 0 60 11 6 0 61 11 3 0 62 10 19 0 63 10 14 0 64 10 8 0 65 10 3 0 66 9 18 0 67 9 12 0 68 9 7 0 69 9 1 0 70 8 15 0
NOTE: — This table is for use in connection with regulation 35(1) for compounding annual compensation payable to a widow under regulation 27. It should also be used, where a reduction of compensation under regulation 27(4) falls to be apportioned between the compensation payable under that regulation and under regulation 28, for ascertaining the capital value of annual compensation to a widow.
TABLE IV
Table showing the annual amount payable for life equivalent in value to a lump sum of £100
Age Annual sum, payable for life, equal in value to a lump sum of £100 Female Male £ s. d. £ s. d.
Under 35 6 8 7 6 12 0 35 and under 40 6 12 5 6 17 0 40 and under 45 6 17 5 7 3 4 45 and under 50 7 3 11 7 12 8 50 7 8 8 7 19 4 51 7 10 11 8 1 11 52 7 12 8 8 4 7 53 7 15 0 8 8 1 54 7 17 6 8 10 11 55 8 0 0 8 14 8 56 8 2 7 8 17 9 57 8 5 3 9 1 10 58 8 8 1 9 6 0 59 8 11 8 9 10 6 60 8 15 5 9 15 1 61 8 18 7 10 0 0 62 9 2 8 10 6 2 63 9 6 11 10 11 8 64 9 12 4 10 18 7 65 9 17 0 11 4 9 66 10 2 0 11 12 7 67 10 8 4 11 19 6 68 10 13 11 12 8 5 69 11 1 0 12 16 5 70 11 8 7 13 6 8
NOTE: — This table is for use in connection with regulation 25(1) for ascertaining the annual amount by which retirement compensation under regulation 21, 22 or 23 is to be reduced where a claimant has not paid to the compensating authority an amount equal to any sum paid to him by a way of pension contributions or that amount has been repaid to him by the compensating authority at his request. It should also be used in connection with regulation 35(2) for calculating for the purposes of that paragraph the annual value of retirement compensation awarded as a lump sum.
TABLE V
Table showing the annual amount payable to a widow until death or remarriage equivalent in value to a lump sum of £100
Age of widow at date of widowhood Annual amount equal in value to a lump sum of £100 £ s. d.
20 16 13 4 21 16 13 4 22 16 13 4 23 16 13 4 24 16 13 4 25 16 0 0 26 15 3 0 27 14 7 9 28 13 14 0 29 13 1 5 30 12 10 0 31 11 18 1 32 11 8 7 33 10 19 9 34 10 12 9 35 10 5 2 36 9 19 0 37 9 14 2 38 9 9 7 39 9 5 2 40 9 1 0 41 8 17 9 42 8 14 8 43 8 12 5 44 8 10 3 45 8 8 1 46 8 6 0 47 8 4 7 48 8 3 3 49 8 2 7 50 8 2 7 51 8 2 7 52 8 3 3 53 8 3 11 54 8 4 7 55 8 6 0 56 8 7 4 57 8 9 6 58 8 11 8 59 8 13 11 60 8 17 0 61 8 19 5 62 9 2 8 63 9 6 11 64 9 12 4 65 9 17 0 66 10 2 0 67 10 8 4 68 10 13 11 69 11 1 0 70 11 8 7
NOTE: — This table is for use in connection with regulation 27(4) for ascertaining the annual amount by which compensation to a widow is to be reduced in the circumstances described in that paragraph. If a reduction is required to be apportioned between compensation payable under regulation 27 and 28, the capital value of annual compensation to a widow should be ascertained by reference to Table III.
TABLE VI
Table showing, according to the outstanding period of long-term compensation, the capital value of each £100 of the total amount of long-term compensation compounded
Outstanding number of complete years of long-term compensation Capital value of each £100 of the total amount of long-term compensation Female Male £ s. d. £ s. d.
0 98 8 0 98 4 0 1 95 4 0 94 16 0 2 92 2 0 91 10 0 3 89 4 0 88 6 0 4 86 8 0 85 8 0 5 83 16 0 82 14 0 6 81 6 0 80 2 0 7 78 18 0 77 14 0 8 76 14 0 75 8 0 9 74 12 0 73 4 0 10 72 12 0 71 4 0 11 70 12 0 69 6 0 12 68 16 0 67 10 0 13 67 0 0 65 14 0 14 65 6 0 64 2 0 15 63 14 0 62 10 0 16 62 2 0 61 0 0 17 60 12 0 59 12 0 18 59 4 0 58 4 0 19 57 16 0 56 18 0 20 56 10 0 55 12 0 21 55 4 0 54 8 0 22 54 0 0 53 4 0 23 52 16 0 52 0 0 24 51 12 0 50 18 0 25 50 10 0 49 18 0 26 49 8 0 48 18 0 27 48 8 0 47 18 0 28 47 8 0 46 18 0 29 46 8 0 45 18 0 30 45 10 0 45 0 0
NOTE: — This table is for use in connection with regulation 35(1) and (2) for compounding awards of long-term compensation under Part IV of these regulations. The total amount of the annual long-term compensation which is to be compounded must first be calculated, i.e., the amount which the person would receive on account of that compensation or the part of it which is to be compounded, if it were paid until “normal retiring age” (as defined in these regulations). For each £100 so calculated, the lump sum payment will be the amount shown in the table according to the number of complete years in the period between the date of compounding and “normal retiring age”. |
The Compensation of Clergy Rules 1970
We, the Church Commissioners for England, in exercise of the powers conferred on us by paragraph 15(1) of Schedule 4 of the Pastoral Measure 1968 do hereby order as follows: —
1
1
These Rules may be cited as the Compensation of Clergy Rules 1970 and shall come into operation on the 1st day of August 1970.
2
The Interpretation Measure 1925 shall apply to the interpretation of these Rules as it applies to the interpretation of a Measure of the Church Assembly.
2
In these Rules unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: —
“ the Committee ” means , in relation to a claim and other proceedings, the Pastoral Committee for the diocese in which the incumbent, vicar in a team ministry or archdeacon concerned in the proceedings, was serving before the date of the coming into operation of the relevant provision of the pastoral scheme or order affecting his benefice or office or, in the case of a claim made before that date, the diocese in which the claimant is serving;
“ the registrar of the diocese ” and “ chancellor of the diocese ” mean the registrar and chancellor of the aforesaid diocese;
“ the Measure ” means the Pastoral Measure 1968;
“ the secretary ” means the secretary of the Committee.
3
1
A claim for compensation under Schedule 4 to the Measure by any incumbent, vicar in a team ministry or archdeacon, shall be in writing and shall be sent or delivered to the secretary.
2
A claim for such compensation may be made before the date on which the relevant provision of the pastoral scheme or order comes into operation and shall be made not later than thirteen weeks after that date; but the Committee may extend the time for making a claim, and the making of a claim shall not preclude the giving of supplementary information in writing or the making of any addition to or amendment of the claim.
4
1
The claim shall give particulars of the loss suffered by way of loss of stipend or otherwise, including any loss arising from the claimant's ceasing to occupy the parsonage house or other official residence and any expenses arising from his change of residence, and shall also give particulars of any ecclesiastical office to which he has been appointed or which has been offered to him, and any other remunerated employment in which he is or is to be engaged.
2
The claim shall state the amount of compensation claimed, whether by way of periodical payments or a lump sum payment, or partly of one and partly the other, and in the latter case shall state the amounts claimed under each head.
3
The secretary may by notice in writing request the claimant to give such further information, and to verify any information in such manner as the Committee may reasonably require.
5
1
The claimant shall have a right to an interview with the Committee before the determination of his claim, and shall inform the secretary in writing, either in his claim or otherwise, whether he wishes to exercise that right; and, if he does not exercise it, the Committee may nevertheless, if they think fit, require him to attend a meeting of the Committee for the purpose of being interviewed.
2
The secretary shall give reasonable notice of the time and place of the meeting of the Committee at which any such interview is to take place.
3
At any such interview the claimant may be represented by a barrister or solicitor or may be assisted by a friend.
6
1
The Committee shall give their decision in writing within twenty-eight days of the making of the claim or, if the claimant is interviewed, within twenty-eight days after the interview, or if there be more than one interview, the last of such interviews, and shall state the reasons for their decision and explain how the amount of compensation is calculated, and they shall not be limited to the amount claimed or be bound to award the compensation in the form claimed, and may, in the case of periodical payments, date them back to such date not earlier than the date of operation of the relevant position of the pastoral scheme or order as they may specify.
2
A copy of the decision shall forthwith be sent to the claimant by the secretary.
7
1
If compensation is awarded in the form of periodical payments, the recipient shall give an undertaking in the form contained in the Appendix to these Rules to furnish information to the secretary as to the matters set out in that form and payments may be suspended until the undertaking is given.
2
The secretary may at any time require a person who is in receipt of such compensation to furnish or verify information as to any of the said matters, but without prejudice to the obligation of the recipient to furnish such information in pursuance of his undertaking without any such requirement.
8
1
Before the Committee exercise, in relation to any person, any of their powers under paragraph 8, paragraph 10 or paragraph 11 of Schedule 4 to the Measure, being powers to suspend or reduce the amount of compensation, to terminate the payment of compensation, or to recover payments of compensation, the secretary shall give notice in writing to the person concerned that the Committee are considering the exercise of the powers in question on grounds specified in the notice.
2
Within fourteen days after the giving of the notice the said person may send representations in writing to the secretary with respect to any matters relevant to the exercise of the powers in question, and rule 4(3) and rule 5 of these Rules shall apply for the purpose of the proceedings as they apply for the purposes of a claim for compensation.
3
The Committee shall give their decision in writing and shall state the reasons therefor.
9
1
An application under paragraph 9 of Schedule 4 to the Measure for a grant or renewal of compensation under that Schedule or for an increase of such compensation on the ground that circumstances have materially altered to the disadvantage of the applicant, shall be in writing and shall be sent or delivered to the secretary.
2
The application shall give particulars of the change of circumstances, and, if it is for the grant of compensation or an increase of compensation, shall state the amount claimed, whether by way of periodical payments or a lump sum payment, or partly of one and partly the other, and in the latter case shall state the amounts claimed under each head.
3
Rules 4(3), 5 and 6 of these Rules shall apply for the purposes of the application as it applies for the purposes of an original claim for compensation.
10
1
The claimant may appeal from any decision of the Committee made on a claim for compensation or in the exercise of the powers referred to in rule 8 of these Rules or on an application referred to in rule 9 thereof to the Appeal Tribunal constituted for the Province comprising the diocese of the Committee.
2
Any such appeal shall be made by sending or delivering a notice of appeal to the secretary of the Appeal Tribunal and a copy thereof to the secretary of the Committee, and shall be made within twenty-eight days after the decision of the Committee was sent to the claimant; but the time may be extended by the secretary, chairman or deputy chairman of the Appeal Tribunal or by the person nominated to preside over the appeal or by the Tribunal.
3
The notice of appeal shall set out the grounds of appeal, and if the relief claimed is a grant of compensation or an increase in the amount thereof and the compensation claimed differs in amount or form from that stated in the claim or application made to the Committee, shall state the compensation claimed.
4
The secretary of the Committee shall, on receipt of a copy of the notice of appeal, send to the secretary of the Appeal Tribunal the appellant's claim in writing and other documents relating to the claim, and a note of what took place at any interview with the Committee; and a copy of the said note shall be sent to the appellant.
11
1
The secretary of the Appeal Tribunal shall give to the appellant not less than fourteen days' notice of the time and place fixed for the hearing of the appeal.
2
The Appeal Tribunal: —
a
may, if they think fit, receive oral or written evidence, and shall not be bound to observe strict rules as to the admissibility of evidence;
b
may require evidence to be given on oath, but need not do so;
c
may confirm the decision of the Committee or substitute such other decision as they think just, or send the case back to the Committee for reconsideration, with such directions as they think fit.
3
At any hearing before the Appeal Tribunal the appellant may be represented by a barrister or solicitor or may be assisted by a friend.
12
1
An application for the refunding in accordance with paragraph 16 of Schedule 4 to the Measure of costs reasonably incurred in proceedings under that Schedule shall —
a
be made in writing to the registrar of the diocese and sent or delivered to him at his office; and
b
give particulars of the costs incurred and be accompanied by vouchers and other documents relating thereto;
and the registrar shall determine whether any such costs have been reasonably so incurred and, if so, the amount thereof.
2
The registrar may by notice in writing request the applicant to give such further information and supply such further documents as he may reasonably require and shall, if the applicant so wishes, arrange for a hearing.
3
The registrar shall give his decision in writing and send it to the applicant and, unless he grants the application in full, shall state the reasons therefor; and the applicant may, by notice sent or delivered to the registrar within fourteen days after the decision was sent to the applicant, appeal from it to the chancellor of the diocese.
4
On receipt of the notice of appeal, the registrar shall —
a
send to the chancellor the application and all other documents relating thereto and a note of what took place at any hearing before him, and send a copy of any such note to the applicant;
b
if the applicant so wishes, arrange for a hearing before the chancellor, and give to the applicant not less than seven days' notice of the time and place thereof.
5
At any hearing before the registrar or chancellor under this rule the applicant may be represented by a barrister or solicitor or may be assisted by a friend; and the costs of proceedings under this rule shall be dealt with in those proceedings.
6
The registrar shall certify to the Central Board of Finance the amount of any costs determined under this rule to have been reasonably incurred as aforesaid.
13
The Committee shall take steps to inform all persons who have or may have a right to compensation under Schedule 4 to the Measure of the name of the secretary and the address to which documents shall be sent or delivered to him, and it shall be the duty of the secretary to give assistance to such persons in connection with claims or other proceedings under these rules, and, if the Committee make a determination or decision from which an appeal lies to the Appeal Tribunal, to inform the person concerned of the name and address of the secretary of the Appeal Tribunal.
The Common Seal of the Church Commissioners was hereunto affixed this 19th day of May 1970.
L.N. King
Assistant Secretary
Approved by the Church Assembly the 8th July 1970.
John Guillum Scott
Secretary |
The Industrial Assurance (Decimal Currency) Regulations 1970
The Industrial Assurance Commissioner pursuant to the powers conferred upon him by subsections (2) to (5) of section 6 of the Decimal Currency Act 1969 and to all other powers enabling him in that behalf hereby makes the following Regulations: —
1
1
These Regulations may be cited as the Industrial Assurance (Decimal Currency) Regulations 1970, and shall come into operation on 1st August 1970.
2
In these Regulations —
“ industrial assurance company ”, “ industrial assurance business ” and “ collecting society ” have the meanings assigned by section 1 of the Industrial Assurance Act 1923 as amended by Schedule 6 to the Companies Act 1967;
“ industrial assurance contract ” means a contract of assurance made by an industrial assurance company in the course of its industrial assurance business in Great Britain or a contract made by a collecting society with a member of the society in the course of its industrial assurance business in Great Britain, whether contained in the rules of the society or not;
“ collecting society contract ” means a contract, other than an industrial assurance contract, made by a collecting society with a member of the society in the course of its business in Great Britain, whether contained in the rules of the society or not;
“ the new currency ” and “ the old currency ” have the meanings assigned by section 16(1) of the Decimal Currency Act 1969;
“ the prescribed scheme ” means the scheme prescribed in Schedule 4 to these Regulations;
“ approved scheme ” means a special scheme approved by the Industrial Assurance Commissioner in the circumstances provided for in regulation 6 of these Regulations;
“ actuary ” means an actuary having such qualifications as may be prescribed by Regulations made under section 16(1) of the Friendly and Industrial and Provident Societies Act 1968.
3
The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
2
1
Subject to regulation 3, this regulation applies to payments payable under any industrial assurance or collecting society contract made before 15th February 1971 that fall due on or after that date.
2
The amount payable in respect of any payment to which this regulation applies and which is payable by an industrial assurance company or collecting society shall be the amount in the new currency provided for in Schedule 1 to these Regulations.
3
The amount payable in respect of any payment to which this regulation applies and which is payable to an industrial assurance company or collecting society shall be —
a
if the payment is payable under a collecting society contract as one of a series of payments payable at intervals greater than two weeks, the amount in the new currency provided for in Schedule 1 to these Regulations,
b
if the payment is payable under an industrial assurance contract as one of a series of payments payable at intervals greater than two weeks, the amount in the new currency provided for in Schedule 2 to these Regulations,
c
if the payment is payable under an industrial assurance or collecting society contract as one of a series of payments payable weekly or fortnightly, the amount in the new currency provided for in Schedule 3 to these Regulations.
3
Regulation 2 shall not apply to any payment payable under an industrial assurance or collecting society contract —
a
which is contained in or by its terms subject to the rules of a collecting society and those rules provide for the amount in the new currency payable in respect of the payment, or
b
to which the prescribed scheme or an approved scheme applies.
4
1
An industrial assurance company or a collecting society may by resolution of its board of directors or, as the case may be, of its committee of management, passed before 15th February 1971 adopt —
a
the prescribed scheme, or
b
an approved scheme, or
c
both the prescribed scheme and an approved scheme
for the purpose of securing that under any industrial assurance or collecting society contract made before 15th February 1971 to which the prescribed scheme or an approved scheme applies no amount other than a new halfpenny or multiple thereof will be payable in respect of any payment that falls due on or after that date.
2
Where an industrial assurance company or collecting society has so adopted any such scheme, the amount payable to or by the company or society in respect of a payment payable under any contract to which the scheme applies that falls due as aforesaid shall be the amount in the new currency provided for in the scheme.
3
Written notice of a resolution adopting the prescribed or an approved scheme shall within fourteen days of the passing thereof be sent by the industrial assurance company or collecting society to the Industrial Assurance Commissioner.
5
1
Where payments payable to an industrial assurance company or collecting society which has adopted the prescribed scheme are increased by virtue of paragraph 3 of the scheme, the company or society shall on being requested so to do by the person by whom the increased payments are payable notify him in writing of the corresponding increase in the benefit payable by virtue of paragraph 8 of the scheme.
2
Any person by whom payments so increased are payable may, within six months of first receiving written notification from the company or society of the increase in the benefit, appeal to the Industrial Assurance Commissioner on the ground that the increase in the benefit is not fair in relation to the increased payments payable by him.
3
If on such appeal, and after giving the appellant and the company or society an opportunity of being heard, the Industrial Assurance Commissioner is satisfied that the increase in benefit is not fair, he may direct the company or society to make such increase as he may consider appropriate in the benefit to which the appeal relates and in like benefits payable under other like contracts.
6
The Industrial Assurance Commissioner may before 15th February 1971 approve a special scheme intended to be adopted by an industrial assurance company or collecting society for the purpose mentioned in regulation 4 if —
a
in his opinion regulation 2 or the prescribed scheme cannot be made to apply to payments under the contracts to which the special scheme applies without difficulty or inconvenience having regard to the times or method of their payment or to any other relevant matter, and
b
where by virtue of the scheme any payments payable to the company or society are increased, an actuary has certified that the scheme provides where actuarially appropriate for suitable adjustments to the benefits for which those payments are payable.
7
Notwithstanding anything contained in the rules of a collecting society which has adopted the prescribed scheme or an approved scheme, the committee of management of the society may by resolution passed before 15th February 1972 make amendments to the rules of the society in connection with the adoption by the society of any such scheme.
S.D. Musson
Industrial Assurance Commissioner
Date 23rd June 1970
SCHEDULE 1
AMOUNT IN THE NEW CURRENCY OF A PAYMENT REFERRED TO IN PARAGRAPHS (2) AND (3)(a) OF REGULATION 2
The amount in the new currency payable in respect of a payment referred to in paragraphs (2) and (3)(a) of regulation 2 shall be the amount corresponding to the amount in the old currency payable under the contract calculated as follows —
for an amount or for so much of an amount as consists of one or more whole pounds the corresponding amount in the new currency is the same number of pounds; and
for any whole two shillings or multiple thereof of an amount or remaining amount of less than one pound the corresponding amount in the new currency is ten new pence or that multiple thereof; and
for an amount or remaining amount of less than two shillings shown in column 1 of the following table, the corresponding amount in the new currency is the amount (if any) in new pence shown opposite that amount in column 2 of that table and accordingly an amount or remaining amount of one penny shall be disregarded.
TABLE
Amount in old currency
Corresponding amount in new pence
1d — 2d 1p 3d 1p 4d 2p 5d 2p 6d 3p 7d 3p 8d 3p 9d 4p 10d 4p 11d 5p 1s 0d 5p 1s 1d 5p 1s 2d 6p 1s 3d 6p 1s 4d 7p 1s 5d 7p 1s 6d 7p 1s 7d 8p 1s 8d 8p 1s 9d 9p 1s 10d 9p 1s 11d 10p
SCHEDULE 2
AMOUNT IN THE NEW CURRENCY OF A PAYMENT REFERRED TO IN PARAGRAPH (3)(b) OF REGULATION 2
The amount in the new currency payable in respect of a payment referred to in paragraph (3)(b) of regulation 2 shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Industrial Assurance (Halfpenny) Regulations 1969 be or include a halfpenny, to the amount in the old currency payable under the contract apart from those Regulations, calculated as follows —
for an amount or for so much of an amount as consists of one or more whole pounds the corresponding amount in the new currency is that number of pounds; and
for any whole shilling or multiple thereof of an amount or remaining amount of less than one pound the corresponding amount in the new currency is five new pence or that multiple thereof; and
for an amount or remaining amount of less than one shilling shown in column 1 of the following table, the corresponding amount in the new currency is the amount (if any) in new pence shown opposite that amount in column 2 of that table and accordingly an amount or remaining amount of one halfpenny shall be disregarded.
TABLE
Amount in old currency
Corresponding amount in new pence
½d — 1d ½p 1½d ½p 2d 1p 2½d 1p 3d 1p 3½d 1½p 4d 1½p 4½d 2p 5d 2p 5½d 2½p 6d 2½p 6½d 2½p 7d 3p 7½d 3p 8d 3½p 8½d 3½p 9d 4p 9½d 4p 10d 4p 10½d 4½p 11d 4½p 11½d 5p
SCHEDULE 3
AMOUNT IN THE NEW CURRENCY OF A PAYMENT REFERRED TO IN PARAGRAPH (3)(c) OF REGULATION 2
Payments payable weekly
1
The amount in the new currency payable in respect of a payment referred to in paragraph (3)(c) of regulation 2 which is payable weekly and which falls due on or after the relevant date shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Industrial Assurance (Halfpenny) Regulations 1969 be or include a halfpenny, to the amount in the old currency payable under the contract apart from those Regulations, calculated as follows —
a
for any whole shilling or multiple thereof the corresponding amount in the new currency is five new pence or that multiple thereof; and
b
for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is, in relation to any one of four successive weekly payments in a series beginning with the payment first falling due on or after the relevant date, the amount (if any) in new pence shown opposite that amount under the appropriate weekly payment in columns 2 to 5 of that table and an amount or remaining amount of one penny or a halfpenny shall be disregarded in relation to the weekly payment under which no amount in new pence is so shown.
TABLE
Amount in old currency
Corresponding amount in new pence
1 st weekly payment
2 nd weekly payment
3 rd weekly payment
4 th weekly payment
½d — ½p — ½p 1d — ½p ½p ½p 1½d ½p ½p ½p 1p 2d ½p 1p 1p 1p 2½d 1p 1p 1p 1p 3d 1p 1½p 1p 1½p 3½d 1½p 1½p 1½p 1½p 4d 1½d 1½p 1½p 2p 4½d 1½p 2p 2p 2p 5d 2p 2p 2p 2½p 5½d 2p 2½p 2p 2½p 6d 2½p 2½p 2½p 2½p 6½d 2½p 3p 2½p 3p 7d 2½p 3p 3p 3p 7½d 3p 3p 3p 3½p 8d 3p 3½p 3½p 3½p 8½d 3½p 3½p 3½p 3½p 9d 3½p 4p 3½p 4p 9½d 4p 4p 4p 4p 10d 4p 4p 4p 4½p 10½d 4p 4½p 4½p 4½p 11d 4½p 4½p 4½p 5p 11½d 4½p 5p 4½p 5p
Payments payable fortnightly
2
The amount in the new currency payable in respect of a payment referred to in paragraph (3)(c) of regulation 2 which is payable fortnightly and which falls due on or after the relevant date shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Industrial Assurance (Halfpenny) Regulations 1969 be or include a halfpenny, to the amount in the old currency payable under the contract apart from those Regulations, calculated as follows —
a
for any whole shilling or multiple thereof the corresponding amount in the new currency is five new pence or that multiple thereof; and
b
for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is, in relation to any one of two successive fortnightly payments in a series beginning with the payment first falling due on or after the relevant date, the amount (if any) in new pence shown opposite that amount under the appropriate fortnightly payment in columns 2 and 3 of that table and an amount or remaining amount of a halfpenny shall be disregarded in relation to the first of every two successive fortnightly payments.
TABLE
Amount in old currency
Corresponding amount in new pence
1 st fortnightly payment
2 nd fortnightly payment
½d — ½p 1d ½p ½p 1½d ½p ½p 2d ½p 1p 2½d 1p 1p 3d 1p 1½p 3½d 1½p 1½p 4d 1½p 2p 4½d 2p 2p 5d 2p 2p 5½d 2p 2½p 6d 2½p 2½p 6½d 2½p 3p 7d 3p 3p 7½d 3p 3p 8d 3p 3½p 8½d 3½p 3½p 9d 3½p 4p 9½d 4p 4p 10d 4p 4½p 10½d 4½p 4½p 11d 4½p 4½p 11½d 4½p 5p
3
“ Relevant date ” in paragraphs 1 and 2 of this Schedule means —
a
15th February 1971, or
b
22nd February 1971 in relation to any payment payable to an industrial assurance company or collecting society which before 15th February 1971 has determined that 22nd February 1971 shall be the relevant date.
4
Where an industrial assurance company or collecting society has determined as mentioned in subparagraph (b) of the preceding paragraph, the amount in the new currency payable in respect of a payment referred to in paragraph (3)(c) of regulation 2 which is payable to the company or society and which falls due before 22nd February 1971 shall be the amount corresponding to the amount in the old currency (being in the case of an amount reduced or increased by one halfpenny by virtue of the Industrial Assurance (Halfpenny) Regulations 1969 the amount so reduced or increased) payable under the contract calculated as follows —
a
for any whole shilling or multiple thereof the corresponding amount in the new currency is five new pence or that multiple thereof; and
b
for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is the amount in new pence shown opposite that amount in column 2 of that table.
TABLE
Amount in old currency
Corresponding amount in new pence
1d ½p 2d 1p 3d 1p 4d 1½p 5d 2p 6d 2½p 7d 3p 8d 3½p 9d 4p 10d 4p 11d 4½p
SCHEDULE 4
PRESCRIBED SCHEME
1
The scheme applies to any industrial assurance or collecting society contract made before 15th February 1971 under which a series of weekly or fortnightly payments are payable to the industrial assurance company or collecting society which has adopted the scheme in accordance with regulation 4 of these Regulations.
2
The amount in the new currency of a payment payable under a contract to which the scheme applies and falling due on or after 15th February 1971 shall be the amount herein provided.
Weekly payment of not more than one shilling and fortnightly payment of not more than two shillings
3
In the case of a payment payable as one of a series to the company or society in respect of which the amount in the old currency payable does not exceed, if a weekly payment, one shilling or, if a fortnightly payment, two shillings, and which falls due on or after the relevant date, the amount in the new currency shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Industrial Assurance (Halfpenny) Regulations 1969 be or include a halfpenny, to the amount in the old currency payable under the contract apart from those Regulations, calculated as follows —
a
for any whole shilling or two shillings the corresponding amount in the new currency is respectively five new pence and ten new pence, and
b
for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is the amount in new pence shown opposite that amount in column 2 of that table.
TABLE
Amount in old currency
Corresponding amount in new pence
½d ½p 1d ½p 1½d 1p 2d 1p 2½d 1½p 3d 1½p 3½d 1½p 4d 2p 4½d 2p 5d 2½p 5½d 2½p 6d 2½p 6½d 3p 7d 3p 7½d 3½p 8d 3½p 8½d 4p 9d 4p 9½d 4p 10d 4½p 10½d 4½p 11d 5p 11½d 5p
4
“ Relevant date ” in paragraph 3 of the scheme means —
a
15th February 1971, or
b
22nd February 1971 if the company or society on adopting the scheme has determined that that date shall be the relevant date.
5
Where the company or society has determined as mentioned in subparagraph (b) of the preceding paragraph, the amount in the new currency of a payment falling due before 22nd February 1971 which would otherwise fall to be determined under paragraph 3 shall be the amount corresponding to the amount in the old currency (being in the case of an amount reduced or increased by one halfpenny by virtue of the Industrial Assurance (Halfpenny) Regulations 1969 the amount so reduced or increased) payable under the contract calculated as follows —
a
for any whole shilling or two shillings the corresponding amount in the new currency is respectively five new pence and ten new pence; and
b
for any amount or remaining amount of less than one shilling shown in column 1 of the following table the corresponding amount in the new currency is the amount in new pence shown opposite that amount in column 2 of that table.
TABLE
Amount in old currency
Corresponding amount in new pence
1d ½p 2d 1p 3d 1p 4d 1½p 5d 2p 6d 2½p 7d 3p 8d 3½p 9d 4p 10d 4p 11d 4½p
Other weekly and fortnightly payments
6
In the case of a weekly or fortnightly payment payable as one of a series to the company or society in respect of which the amount in the old currency payable exceeds the amount referred to in paragraph 3, the amount in the new currency shall be the amount corresponding to the amount in the old currency payable under the contract or, if that amount would apart from the Industrial Assurance (Halfpenny) Regulations 1969 include a halfpenny, to the amount in the old currency payable under the contract apart from those Regulations, calculated in accordance with sub-paragraphs (a) to (c) of Schedule 2 to these Regulations.
Benefits
7
Subject to paragraph 8 the amount in the new currency payable by the company or society in respect of a benefit shall be the amount corresponding to the amount in the old currency payable under the contract calculated in accordance with sub-paragraphs (a) to (c) of Schedule 1 to these Regulations.
8
Where by virtue of paragraph 3 the payments payable under a contract are increased, the benefit payable by the company or society under the contract shall also be increased and shall be of such amount in the new currency as an actuary shall certify to be fair in relation to the increased payments payable. |
Republic of The Gambia Act 1970
Operation of existing law.
1
1
Subject to section 2 below, all law to which this section applies, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, which was in force on the 24th April 1970, or, having been passed or made before that date, comes or has come into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to The Gambia, and persons and things belonging to or connected with The Gambia, as it would have apart from this subsection if The Gambia had not become a republic.
2
This section applies to law of, or of any part of, the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to The Gambia, to law of any other country or territory to which that enactment or order extends.
3
This section shall be deemed to have had effect from the 24th April 1970.
Judicial Committee of Privy Council.
2
1
Section 5 of the Gambia Independence Act 1964 is hereby repealed, but Her Majesty may by Order in Council confer on the Judicial Committee of the Privy Council such jurisdiction and powers as may be appropriate in cases in which provision is made by the law of The Gambia for appeals to the Committee from courts of the republic.
2
Any Order in Council under this section may contain such incidental and supplemental provisions as appear to Her Majesty to be expedient.
3
Except so far as otherwise provided by or in accordance with an Order in Council under this section, and subject to such modifications as may be so provided, the Judicial Committee Act 1833 shall apply in relation to appeals and other proceedings in respect of which any jurisdiction is conferred under this section as it applies in relation to appeals to Her Majesty in Council.
4
An Order in Council under this section may be varied or revoked by a further Order in Council.
5
The repeal by this section of section 5 of the Gambia Independence Act 1964 shall not affect the operation of any Order in Council under that section in relation to any appeal or petition for special leave to appeal to the Judicial Committee which was pending on the 23rd April 1970, if it is —
a
an appeal in which the records have been registered in the Office of the Judicial Committee on or before that date; or
b
a petition that has been filed in that Office on or before that date;
or the power under that section to vary or revoke an Order in Council in relation to appeals from decisions given before the 24th April 1970.
Short title.
3
This Act may be cited as the Republic of The Gambia Act 1970. |
The Agriculture Act 1970 (Commencement No. 2) Order 1970
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by section 65(1) of the Agriculture Act 1970, and of all other powers enabling them in that behalf, hereby make the following order: —
1
This Order may be cited as the Agriculture Act 1970 (Commencement No. 2) Order 1970.
2
Part III of the Agriculture Act 1970 (which relates to smallholdings in England and Wales) shall come into force on 1st August 1970.
In Witness whereof the Official Seal of the Minister is hereunto affixed on 6th July 1970.
J.M.L. Prior
Minister of Agriculture, Fisheries and Food
Given under my hand on 14th July 1970.
Peter Thomas
Secretary of State for Wales |
Agriculture Act 1970
PART I
Eggs
Preliminary
Interpretation of Part I
1
In this Part of this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say —
" accounting period " means —
the period beginning with 28th March 1971 and ending with 1st April 1972;
any subsequent period appointed by the Authority as an accounting period, being a period of such duration not exceeding fifteen months as may be so appointed beginning with 2nd April 1972 or with the date thereafter of the day after that with which the last preceding accounting period ends ;
" authorised officer ", in relation to any function, means an officer of the Authority authorised by the Authority to act in connection with that function and, in relation to Northern Ireland, except when qualified by the words " of the Authority ", includes an officer of the Ministry of Agriculture for Northern Ireland acting in connection with that function with the authority of that Ministry on behalf of the Authority, being in either case an officer with written evidence of his authority which he shall produce on request at any time while acting thereunder;
" the Authority " means the Eggs Authority constituted under section 2 of this Act;
" egg products " means any product which is obtained to any substantial extent, with or without any process of manufacture, from eggs, being, except when qualified by the word " imported ", a product so obtained in the United Kingdom from eggs laid in the United Kingdom;
" eggs " means eggs in shell laid by domestic fowls, being, except when qualified by the word " imported ", eggs so laid in the United Kingdom;
" independent member of the Authority " means a member of the Authority appointed by virtue of section 2(2)(a) of this Act;
" marketing ", in relation to eggs or egg products, does not include the sale by retail of eggs or egg products purchased by the seller for the purpose of such sale;
" the Minister " means the Minister of Agriculture, Fisheries and Food;
" the Ministers ", except in section 25 of this Act, means the Minister, the Secretary of State for Wales, the Secretary of State for Scotland and the Secretary of State concerned with agriculture in Northern Ireland and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly;
" producer " means a person engaged by way of business in the production of eggs.
Constitution and functions of Eggs Authority
Constitution of Eggs Authority
2
1
There shall be established an Authority, to be called the Eggs Authority, who shall have the general duty of improving the marketing of eggs and who shall, for the purposes of any period falling after 27th March 1971, in particular have the functions assigned to them by or under this Part of this Act.
2
The Authority shall consist of not less than twelve and not more than fourteen members appointed by the Ministers; and of those members —
a
not less than three and not more than five shall be appointed as being independent persons, of whom —
i
one shall be appointed as being a person who in the opinion of the Ministers is specially conversant with the interests of consumers of eggs;
ii
two (neither being the member appointed pursuant to sub-paragraph (i) of this paragraph) shall also be appointed by the Ministers to be chairman and deputy chairman respectively of the Authority;
b
five shall be appointed after consultation with such organisations appearing to the Ministers to represent the interests of producers as the Ministers consider appropriate;
c
four shall be appointed after consultation with such organisations as the Ministers consider appropriate, being organisations appearing to the Ministers to represent the interests of persons engaged in activities comprised in the marketing, distribution or sale by retail of eggs, in activities ancillary to the production of eggs, being activities comprised in the hatching or rearing of domestic fowls, or in activities comprised in the production, marketing or distribution of egg products, or the use of egg products as materials for the purposes of manufacturing businesses carried on by the persons in question.
3
The Authority shall —
a
pay to the members of the Authority such remuneration and such travelling or other allowances as the Ministers may, with the approval of the Minister for the Civil Service, determine; and
b
in the case of any member of the Authority to whom the Ministers, with the like approval, determine that this paragraph is to apply, pay such pension, or make such payments towards the provision of a pension, to or in respect of him as the Ministers and the Minister for the Civil Service may determine in his case.
4
The provisions of Schedule 1 to this Act shall have effect with respect to the Authority.
Functions of Authority as to market support
3
If in the case of any accounting period it appears to the Authority to be expedient in the interests of producers and consumers of eggs so to do with a view to reducing fluctuations in the price of eggs —
a
they may at any time during that accounting period purchase eggs at such prices and in such manner as they think fit; and
b
where they have so purchased any eggs, they may deal with those eggs in such manner as they think fit, and, without prejudice to the generality of their discretion as to the manner of dealing with those eggs, may in particular —
i
sell them to any person for any purpose ;
ii
process them, or arrange for their processing by some other person on the Authority's behalf, and sell the resulting egg products ;
iii
make such provision for their storage or transport, whether by the Authority themselves or by some other person on the Authority's behalf, as the Authority consider necessary or expedient.
Functions of Authority as to market intelligence
4
1
The Authority may —
a
collect, collate or prepare information or estimates with respect to —
i
prices, supply, demand and other market conditions (whether actual or prospective) relating to eggs or egg products, including imported eggs and imported egg products; and
ii
activities ancillary to the production of eggs, being activities comprised in the hatching or rearing of domestic fowls or the disposal of domestic fowls at end of lay ; and
b
subject to section 21 of this Act, publish or disseminate any such information or estimates, and any other information compiled, or estimates prepared, in the course of the performance of their functions under this Part of this Act;
and in publishing or disseminating any such information or estimates the Authority may include recommendations as to prices (other than retail prices) which would in their opinion be appropriate in selling eggs otherwise than by retail having regard to any prices specified in the information or estimates.
2
If the Authority consider it desirable for the purpose of their functions under subsection (1) of this section, they may prepare and submit to the Ministers a scheme for requiring persons of such classes as may be specified in the scheme who are engaged by way of business in activities comprised in the production, marketing or distribution of eggs or egg products, or in activities ancillary to the production of eggs and comprised in the hatching or rearing of domestic fowls, to register with the Authority in accordance with the requirements of the scheme and to comply with any requirements in the scheme regarding the supply to the Authority of information as to the quantities and prices of eggs purchased by those persons from producers or sold by those persons otherwise than by retail, as to the numbers of domestic fowls hatched, reared or disposed of at end of lay by those persons in the course of activities ancillary to the production of eggs, and as to the prices at which any such fowls have been sold by those persons, and any such scheme may —
a
vary or revoke any scheme previously brought into force under this subsection; and
b
contain such supplemental, incidental or transitional provisions as appear to the Authority to be expedient, including in particular provision —
i
conferring exemptions from requirements of the scheme;
ii
for persons contravening or failing to comply with the requirements of the scheme to be guilty of an offence against the scheme ; and
iii
for a person guilty of such an offence to be liable on summary conviction to a fine not exceeding a specified amount, being an amount not exceeding £100;
and if the Ministers are satisfied that it is desirable that any such scheme submitted to them should be brought into force, they may bring it into force by order.
3
The Ministers may by order revoke any scheme brought into force under subsection (2) of this section if it appears to them, after consultation with the Authority, that the scheme is not serving the purposes for which it was made or that the continued operation of the scheme would be contrary to the public interest; and any such order may contain such supplemental, incidental or transitional provisions as appear to the Ministers to be expedient.
4
Any order under subsection (2) or (3) of this section may revoke any order previously made under the said subsection (2).
Functions of Authority as to research and development
5
The Authority may engage in the promotion or carrying out of —
a
investigations or research into any matters affecting the marketing, storage or distribution of eggs or egg products or the processing of eggs ;
b
research into the demand for eggs or egg products and into matters connected therewith, including the collection and analysis of information as to that demand and as to the prices paid for eggs or egg products, including imported eggs and imported egg products, and the effect of price changes on the level of supplies;
c
the dissemination or demonstration of "the results of any investigation or research into any such matter as aforesaid, whether or not the Authority have exercised any functions under paragraph (a) or (b) of this section with respect to that investigation or research ;
and the Authority may engage in any form of collaboration or co-operation with other persons in performing any of their functions under this section, and shall enter into such consultations with other authorities and persons as appear to the Authority to be required to ensure that duplication of such research or investigations as aforesaid is avoided so far as practicable.
Functions of Authority as to quality control
6
1
The Authority may prepare and submit to the Ministers schemes with respect to the quality testing or weight grading of eggs for sale by wholesale, and any such scheme may in particular —
a
specify the class or classes of persons to whom the requirements of the scheme are to apply;
b
provide for the registration of such persons with the Authority;
c
specify quality standards or weight grades and assign designations to those standards or grades;
d
provide for eggs for sale otherwise than by retail or any containers in which eggs are packed for such sale to be marked with the appropriate quality or weight designation, with or without an indication of the date on which the eggs were packed after being tested or graded;
e
vary or revoke any scheme previously brought into force under this subsection ;
f
contain such supplemental, incidental or transitional provisions as appear to the Authority to be expedient, including in particular provision —
i
conferring exemptions from requirements of the scheme;
ii
for persons contravening or failing to comply with requirements of the scheme to be guilty of an offence against the scheme ;
iii
as to the circumstances in which warranty or other matters are to be a defence for a person charged with such an offence ;
iv
for a person guilty of such an offence to be liable on summary conviction to a fine not exceeding a specified amount, being an amount not exceeding £100 or, in the case of a second or subsequent offence, £200;
v
conferring powers of entry for the purposes of the scheme on authorised officers;
and if the Ministers are satisfied that it is desirable that any such scheme submitted to them should be brought into force, they may bring it into force by order.
2
The Ministers may by order revoke any scheme brought into force under subsection (1) of this section if it appears to them, after consultation with the Authority, that the scheme is not serving the purposes for which it was made or that the continued operation of the scheme would be contrary to the public interest; and any such order may contain such supplemental, incidental or transitional provisions as appear to the Ministers to be expedient.
3
Any order under subsection (1) or (2) of this section may revoke any order previously made under the said subsection (1).
4
In section 2(4) of the Trade Descriptions Act 1968 (which provides that certain descriptions or marks shall be deemed not to be trade descriptions for the purposes of that Act), the word " and " in the last place where it occurs shall be omitted and at the end there shall be added the words " and any designation, mark or description applied in pursuance of a scheme brought into force under section 6(1) or an order made under section 25(1) of the Agriculture Act 1970 ".
Other functions of Authority as to improvement of marketing of eggs
7
1
The Authority —
a
may devise and disseminate, or otherwise encourage the adoption of, new, improved or standardised arrangements for, or procedures or forms for use in connection with, the production, marketing or preparation for marketing of eggs ;
b
if it appears to them that a scheme with respect to any matter would improve the marketing of eggs, whether by the improvement of quality standards or otherwise, may prepare such a scheme and bring it into operation for any persons prepared to take part in it;
c
may give advice and information to the Central Council for Agricultural and Horticultural Co-operation —
i
on matters relating to the commercial and technical aspects of the marketing of eggs ; and
ii
for the purpose of assisting the Council in deciding whether to make grants in aid of co-operative activities in the marketing of eggs.
2
The Ministers may, after consultation with the Secretary of State for Employment and Productivity, direct that any agreement specified in the direction, being an agreement submitted to them in draft into which the Authority propose to enter in connection with a scheme made by virtue of subsection (1)(b) of this section, shall be an agreement to which Part I of the Restrictive Trade Practices Act 1956 does not apply.
Functions of Authority as to advertising etc.
8
The Authority may —
a
for the purpose of promoting the sale of eggs, engage in advertising or other methods of promoting such sales;
b
assist in co-ordinating any advertising campaigns undertaken by or on behalf of any class of persons engaged in the production, marketing or distribution of eggs or the sale of eggs by retail.
Conferment of additional functions on Authority
9
1
If it appears to the Ministers, after consultation with the Authority, that for the purpose of improving the marketing of eggs it is expedient for the Authority to perform any functions additional to those conferred by the foregoing provisions of this Part of this Act, and that those additional functions neither —
a
consist wholly or in part of the buying or selling of eggs or egg products except in so far as such buying or selling may be requisite for the purposes of research or other experimental work or for purposes of demonstration; nor
b
are similar in character to functions conferred on the Authority by section 8 of this Act,
then, subject to subsection (2) of this section, the Ministers may, if they think fit, confer those additional functions on the Authority for that purpose by order; and any order under this subsection may be varied or revoked by a subsequent order thereunder.
2
An order under subsection (1) of this section, other than an order in the case of which —
a
so far as it confers additional functions on the Authority otherwise than by varying a previous order, the Ministers certify that, in their opinion, all the additional functions so conferred are similar in character to functions conferred on the Authority by sections 4 to 7 of this Act; or
b
so far as it varies a previous order, the Ministers certify that, in their opinion, all the functions conferred by the original order as it will have effect in consequence of the varying order will be functions similar in character as aforesaid; or
c
so far as it revokes any previous order without itself conferring any functions on the Authority, a certificate under this section was given under the previous order,
shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
Functions of Authority to include power to make certain payments to other persons
10
The functions conferred on the Authority by or under any of sections 3 to 9 of this Act shall include power for the Authority —
a
to make payments to any person for the purpose of promoting, procuring or facilitating the attainment of the objects of the functions conferred on the Authority by or under that section; or
b
to make provision for reimbursing any person, whether by making payments to him or by deduction from amounts which would otherwise fall to be paid by him to the Authority, for expenditure incurred by him in assisting the Authority in the performance of any of the functions conferred on the Authority by or under that section;
and any amount so paid or deducted shall be treated for the purpose of this Part of this Act as expenditure incurred by the Authority under, and for the purposes of the functions conferred on them by or under, that section.
Functions of Authority in connection with guaranteed prices
11
1
As respects any period beginning on or after 28th March 1971 and ending not later than 30th March 1974, it shall be the duty of the Authority to carry out such functions as the Ministers may confer on the Authority in connection with any arrangements in force during that period by virtue of an order under section 1 or 5 of the Agriculture Act 1957 with respect to eggs and duck eggs, but not including any functions conferred on the Ministers or any of them by or under an Act of Parliament other than functions which the Ministers may delegate under section 9(4) of the said Act of 1957 or any other enactment.
2
So far as relates to eggs and duck eggs, in subsection (1)(d) of the said section 5 (which relates to powers of entry in connection with such arrangements as aforesaid) references to authorised officers of the Minister shall include references to authorised officers of the Authority.
3
Any information obtained by the Ministers or any of them in the administration of any such order as aforesaid may, for the purpose of assisting the Authority in the performance of their functions under this section, be disclosed to any person who is either an independent member of the Authority or an authorised officer of the Authority, and any such disclosure shall not be treated as a breach of contract, trust or confidence.
Financial provisions as to Eggs Authority
Contributions, etc. by Minister
12
1
The Minister may, with the consent of the Treasury, make to the Authority —
a
contributions towards expenditure incurred or to be incurred by the Authority for the purposes of any functions conferred on them by or under any of the following provisions of this Act, namely, sections 2, 4 to 7 and 9 and Schedule 1 ;
b
payments of such sums as the Minister may, with the approval of the Treasury, determine towards meeting any expenditure (including an appropriate proportion of overheads and other fixed and general expenses) incurred or to be incurred by the Authority in performing any functions in pursuance of section 11 of this Act.
2
Any contributions or other payments made to the Authority under subsection (1) of this section may be made subject to any conditions regulating or restricting the functions of the Authority, imposing requirements as to the inspection of accounts or records, or relating to other matters, which the Minister may specify; and the Minister may recover the whole or any part of any such contribution or other payment which is made subject to a condition if that condition is not complied with.
Provision for levy
13
1
Before the beginning of each accounting period the Authority shall prepare and submit to the Ministers an estimate of the amounts, if any, required to be raised by levy for that accounting period for the purposes of the following functions respectively of the Authority under this Part of this Act, namely, subject to the provisions of section 10 of this Act —
a
functions conferred by or under any provision of this Part of this Act other than section 3, 8 or 11 or paragraph (b) or (c) of section 17(1);
b
functions under the said section 3 or paragraph (b) of the said section 17(1);
c
functions under the said section 8 or paragraph (c) of the said section 17(1).
2
As soon as practicable after the submission to the Ministers of estimates for any accounting period under subsection (1) of this section, the Ministers shall —
a
determine the respective amounts, if any, to be raised by levy for that accounting period for the purposes of the functions referred to in paragraphs (a), (b) and (c) respectively of that subsection; and
b
make an order for that accounting period specifying such rate of levy as appears to the Ministers to be sufficient (but not more than sufficient) to meet the aggregate of the amounts so determined.
3
If at any time during an accounting period for which an order has been made under subsection (2)(b) of this section it appears to the Authority that the amount determined by the Ministers under subsection (2)(a) of this section as the amount to be raised by levy for that accounting period for the purposes of the functions referred to in paragraph (a), (b) or (c), as the case may be, of subsection (1) of this section will fall short of the amount required to be so raised for that accounting period, the Authority may prepare and submit to the Ministers an estimate of the amount of the deficiency, and as soon as practicable after the submission to the Ministers of one or more estimates for any accounting period under this subsection the Ministers shall —
a
determine what additional amount, if any, is to be raised by levy for that accounting period for the purposes of the functions referred to in the said paragraph (a), (b) or (c), as the case may be ; and
b
make an order for that accounting period specifying as respects such part of that accounting period as falls after such date as may be specified in the order such rate of additional levy as appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount or, as the case may be, the aggregate of the amounts determined under paragraph (a) of this subsection;
and where an order is made under this subsection the provisions of sections 15 and 16 of this Act shall have effect in relation to the part of that accounting period falling after the date so specified as if any reference in those provisions to the rate specified in the order for that accounting period made under subsection (2)(b) of this section were a reference to the aggregate of that rate and the rate of additional levy specified in the order under paragraph (b) of this subsection.
4
Before determining any amount under subsection (2)(a) or (3)(a) of this section as one to be raised for an accounting period the levy for which is, by virtue of section 14 of this Act, to be imposed in accordance with section 16(7) of this Act, the Ministers shall consult with such organisations appearing to them to represent the interests of producers as the Ministers consider appropriate, and, if the levy will or may be imposed on persons other than producers, with such other organisations as the Ministers consider appropriate having regard to that fact.
5
Where under subsection (2)(a) or (3)(a) of this section the Ministers determine that an amount is to be raised by levy for the purposes of the functions referred to in two or all of paragraphs (a), (b) and (c) of subsection (1) of this section, any order under subsection (2)(b) or (3)(b) of this section specifying the rate of the levy shall indicate how much of that rate is attributable to functions referred to in each respectively of those paragraphs.
6
The rate of levy specified in any order under this section may be expressed either by reference to numbers of eggs or by reference to numbers of domestic fowl or partly in the one way and partly in the other; and the order shall include provision as to the manner of determining any such numbers for the purposes of the levy which, in the case of a levy to be imposed in accordance with a scheme under section 16 of this Act, may be made by reference to the provisions of that scheme.
7
For the purposes of a levy, any sums paid by the Authority (whether by way of remuneration or otherwise) to or in respect of officers or servants of the Authority employed wholly or mainly in connection with functions referred to in paragraph (b) or (c) of subsection (1) of (this section and an appropriate proportion of overheads and other fixed and general expenses of the Authority (including an appropriate proportion of any sums paid as aforesaid in respect of other officers or servants of the Authority) shall be taken to be expenditure incurred for the purposes of those functions and not for the purposes of functions referred to in paragraph (a) of that subsection.
Method of raising levy
14
1
Any levy imposed for the purposes of this Part of this Act for the accounting period beginning with 28th March 1971. and ending with 1st April 1972 shall be imposed in accordance with section 15 of this Act.
2
Subject to subsection (3) of this section, any levy imposed for the purposes of this Part of this Act for any subsequent accounting period shall be imposed in accordance with section 16(7) of this Act.
3
If any accounting period beginning on or after 2nd April 1972. and ending with a date not later than 30th March 1974 is the same as a guarantee period prescribed by an order under section 1 of the Agriculture Act 1957 with respect to eggs and duck eggs, then, notwithstanding subsection (2) of this section, any levy imposed for the purposes of this Part of this Act for that accounting period shall be imposed in accordance with section 15 of this Act unless before the beginning of that accounting period the Authority by resolution determine that any said levy shall be imposed in accordance with section 16(7) of this Act; and where such a resolution is passed by the Authority they shall publish notice of it in the London, Edinburgh and Belfast Gazettes.
4
Where in the case of any accounting period, any levy for the purposes of this Part of this Act for that accounting period is to be imposed in accordance with section 16(7) of this Act and either —
a
no scheme under the said section 16 is for the time being in force ; or
b
the Authority intend that the scheme for the time being in force under that section shall be varied for the purposes of that accounting period,
the Authority shall submit such a scheme or, as the case may be, a further scheme varying the existing scheme to the Ministers before the beginning of that accounting period and shall publish notice of the submission of that scheme or further scheme in the London, Edinburgh and Belfast Gazettes.
Levy by deduction
15
1
Where for any accounting period a levy is by virtue of section 14 of this Act to be imposed in accordance with this section, that levy —
a
shall be imposed on all persons to or in respect of whom, as being producers of eggs, a payment would apart from this section fall to be made in respect of that accounting period in pursuance of an order under section 1 of the Agriculture Act 1957; and
b
shall be so imposed at the rate specified in the order for that accounting period made under subsection (2)(b), and in accordance with any provisions contained in that order by virtue of subsection (6), of section 13 of this Act.
2
In the case of each such person as aforesaid the amount of the levy which by virtue of this section is imposed on him for any accounting period shall be deducted from the payment, or, if more than one, from the aggregate of the payments, which would apart from this section fall to be made as aforesaid to or in respect of him, and the payment or payments shall be reduced accordingly.
3
The Minister shall pay to the Authority any amounts deducted in pursuance of subsection (2) of this section.
4
The reference in subsection (2) of this section to deducting an amount from a payment shall, when the amount in question is equal to the payment, be construed as including a reference to setting off the amount against the payment so as to extinguish any claim to the payment, and the reference to reducing a payment shall be construed accordingly.
5
References in this section to payments falling to be made as mentioned in subsection (1) thereof include references to a payment in advance on account of any payment so falling to be made; and references to payments in respect of a person as being a producer of eggs are references to payments which, apart from this section, would be paid to a person other than that producer —
a
for transmission to that producer; or
b
as being a person to whom the interest of that producer in the payment has passed.
Levy by scheme
16
1
The Authority may prepare and submit to the Ministers a scheme for imposing in such circumstances and subject to such exemptions, and for recovering in such manner otherwise than in accordance with section 15 of this Act, as may be specified in the scheme a levy for the purposes of this Part of this Act on such persons as may be so specified, being persons engaged in the production, marketing or distribution of eggs, in the hatching or rearing of domestic fowls, in the bringing (otherwise than only as carriers) of live domestic fowls into Great Britain or Northern Ireland from outside those areas, or in the distribution within those areas of live domestic fowls so brought.
2
So far as is necessary for determining the liability of persons to any levy which is to be imposed for an accounting period in accordance with a scheme under this section, such a scheme may confer on the Authority power as from such date as may be specified in the scheme, which may be a date before the beginning of that accounting period, to require persons engaged as aforesaid of such descriptions as may be so specified —
a
to be registered in a register kept for the purpose by the Authority;
b
to furnish returns and other information, and to produce for examination on behalf of the Authority books and other documents in their custody or under their control;
c
to keep records and to produce them for examination on behalf of the Authority;
d
to permit authorised officers to enter at all reasonable times upon any land or premises used by way of business for the production, marketing or distribution of eggs or the hatching or rearing of domestic fowls and to inspect any eggs or domestic fowls found on those premises.
3
A scheme under this section which provides for imposing a levy on a person engaged in the hatching or rearing of domestic fowls for resale, on a person engaged in bringing live domestic fowls as mentioned in subsection (1) of this section for resale or in the distribution for resale of live domestic fowls so brought, or on a person purchasing eggs for resale from a producer, may make provision for enabling any such person —
a
to recover the amount of the levy imposed on him from the person to whom he sells any of the domestic fowls so hatched, reared, brought or distributed by him, or from whom he purchases the eggs, as the case may be;
b
to deduct from the amount otherwise payable by him by way of the levy, or to be otherwise reimbursed by the Authority, a sum calculated in such manner as the Authority may determine in respect of any expenses incurred by him in so recovering that amount.
4
Any scheme under this section may be varied or revoked by a subsequent scheme thereunder.
5
A scheme under this section shall not have effect unless it is approved by the Ministers by order; and any such order may approve the scheme with or without modifications, and may he revoked by a subsequent order whether the subsequent order is made for the purpose of approving another scheme under this section or not; and an order under this subsection shall be of no effect unless it is approved by a resolution of each House of Parliament.
6
Any person who fails to comply with a requirement imposed by or under a scheme by virtue of subsection (2) of this section shall be liable on summary conviction to a fine not exceeding £100 ; and any person who —
a
in furnishing any information for the purposes of a scheme under this section, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular; or
b
wilfully makes a false entry in any document which is required to be produced in pursuance of any such scheme,
shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.
7
Where for any accounting period a levy is, by virtue of section 14 of this Act, to be imposed in accordance with this subsection, a levy for that accounting period shall be imposed at the rate specified in the order for that accounting period made under subsection (2)(b), and in accordance with any provisions contained in that order by virtue of subsection (6), of section 13 of this Act on the persons made liable to that levy by, and in accordance with the provisions of, any scheme for the time being in force under this section.
8
If the Ministry of Agriculture for Northern Ireland discharge on behalf of the Authority any functions of the Authority in connection with a levy under this section, the Ministry may deduct from any amount collected by the Ministry by way of the levy, or shall otherwise be reimbursed by the Authority for, any expenditure incurred by the Ministry in discharging those functions.
9
Where a scheme under this section makes provision for imposing a levy on persons engaged in bringing live domestic fowls as mentioned in subsection (1) of this section, then, if the Authority so request at any time and the Commissioners of Customs and Excise are satisfied that the Authority require the information for the purpose of determining whether or not a person is liable to pay an amount by way of the levy and that the Authority will not use the information for any other purpose, the Commissioners may supply the Authority with such information in relation to any live poultry (that is to say, fowls, ducks, geese, turkeys and guinea fowls) imported into Great Britain or Northern Ireland as may be requested by the Authority.
Reserve funds of Authority
17
1
The Authority may establish and thereafter maintain —
a
a reserve fund for the purposes of any functions conferred on the Authority by or under any provision of this Part of this Act other than section 3, 8 or 11;
b
a reserve fund for the purposes of their functions under the said section 3 ;
c
a reserve fund for the purposes of their functions under the said section 8.
2
Any moneys for the time being comprised in a reserve fund maintained under this section, and any other moneys of the Authority which are not for the time being required for any other purpose, may be invested in accordance with subsection (3) of this section.
3
Sections 1, 2, 5, 6, 12 and 13 of the Trustee Investments Act 1961 (which relate to the investment powers of trustees) shall have effect in relation to any such moneys, and in relation to any investments or other property for the time being representing any such moneys, as if they constituted a trust fund and the Authority were the trustees of that trust fund.
Borrowing powers of Authority
18
1
Subject to the following provisions of this section, the Authority may borrow money and may pledge, mortgage or charge any of their property, including the proceeds of any levy under this Part of this Act.
2
The Ministers may by order made with the consent of the Treasury, direct that the aggregate amount outstanding in respect of the principal of any moneys borrowed by the Authority shall not at any time exceed such a sum as may be specified in the order; and, at any time while such an order is in force, that aggregate amount shall not exceed the sum so specified.
3
Any order under this section may be revoked by a subsequent order thereunder.
4
An order under this section shall not have effect unless it is approved by a resolution of each House of Parliament.
Supplementary provisions as to Eggs Authority
Powers of Ministers with respect to Authority
19
The Ministers, after consultation with the Authority, may give to the Authority such directions of a general character with respect to the performance of any functions of the Authority as appear to the Ministers to be requisite in the public interest; and it shall be the duty of the Authority to comply with any such directions.
Reports and accounts of Authority
20
1
As soon as may be —
a
after the end of the period beginning with the constitution of the Authority and ending with 27th March 1971; and
b
after the end of each accounting period,
the Authority shall prepare and submit to the Ministers a report on the discharge of their functions under this Part of this Act during that period- and the Ministers shall lay a copy of the report before each House of Parliament; and that report shall set out any direction given by the Ministers to the Authority under section 19 of this Act during that period.
2
The Authority shall keep proper accounts and shall prepare in respect of each such period as is referred to in subsection (1) of this section statements of account in such form as the Ministers, with the approval of the Treasury, may direct; and the accounts of the Authority for each such period shall be audited by auditors appointed for the purpose by the Authority ; and no person shall be so appointed who is not either a member, or a firm all the persons wherein are members, of one or more of the following bodies, namely —
The Institute of Chartered Accountants in England and Wales;
The Institute of Chartered Accountants of Scotland ;
The Association of Certified and Corporate Accountants;
The Institute of Chartered Accountants in Ireland ;
Any other body of accountants established in the United Kingdom for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Board of Trade.
3
As soon as may be after the accounts of the Authority for any such period have been audited, the auditors shall transmit to the Ministers copies of the statements of account together with their report thereon, and the Ministers shall lay a copy of the statements and report before each House of Parliament.
4
Copies of reports and statements of account prepared by the Authority under this section shall be made available to the public at a reasonable price.
Disclosure of information
21
1
The furnishing of returns or other information with respect to any particular undertaking, or the production of books or other records of the undertaking, shall not be required in pursuance of any powers conferred by or under the preceding provisions of this Part of this Act except to, or as the case may be, for examination of those books or records by, an independent member of the Authority or an authorised officer.
2
Without prejudice to subsection (1) of this section, returns or other information furnished or obtained by any person in pursuance of a requirement made under a scheme for the time being in force under section 16 of this Act, and any other information with respect to any particular undertaking which has been obtained under or by virtue of this Part of this Act, shall not be disclosed except —
a
with the consent of the person by whom the information was furnished; or
b
to an independent member of the Authority or an authorised officer; or
c
to one or more of the Ministers, or to an officer or servant appointed by, or by one or more of, the Ministers, or to a person exercising functions on behalf of the Ministers or one or more of them ; or
d
in the form of a summary of similar returns or information furnished by or obtained from a number of persons, being a summary so framed as not to enable particulars relating to any one person or undertaking to be ascertained from it; or
e
with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to or arising out of this Part of this Act.
3
Any person who discloses any information in contravention of this section shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.
Prosecution of offences
22
1
No proceedings for an offence under the preceding provisions of this Part of this Act or against any scheme made thereunder shall be instituted in England or Wales except —
a
by the Authority ; or
b
by, or with the consent of, the Director of Public Prosecutions.
2
No proceedings for such an offence as aforesaid shall be instituted in Northern Ireland except —
a
by the Authority; or
b
by, or with the consent of, the Attorney General for Northern Ireland.
Provisions as to guaranteed prices and Egg Marketing Board
Amendments as to guaranteed prices
23
The Agriculture Act 1957 shall have effect —
a
in respect of any period beginning on or after 28th March 1971, as if in Part II of Schedule 1 to that Act the words " Eggs (Hen and Duck in Shell)" were omitted;
b
in respect of any period beginning as aforesaid and ending not later than 30th March 1974, as if the words omitted as aforesaid were inserted at the end of Part I of that Schedule and as if the words " CROPS " and the words " LIVESTOCK AND LIVESTOCK PRODUCTS " were omitted from that Schedule ;
c
in respect of any period beginning on or after 31st March 1974, as if no order under section 1 of that Act with respect to eggs and duck eggs had been in force in respect of any period ending before that date;
but the said Act of 1957 and any instrument made thereunder shall continue to operate in relation to any period in respect of which paragraph (a), (b) or (c) of this section does not apply as if that paragraph had not been enacted.
Revocation of scheme establishing British Egg Marketing Board
24
1
The British Egg Marketing Scheme (Approval) Order 1956 and the scheme approved thereby (being the scheme establishing the British Egg Marketing Board) are hereby revoked as from 31st March 1971.
2
After the passing of this Act, nothing in the said scheme shall have effect so as to require the election of new members to the said Board; and the said Board may, by a resolution passed at any time before 31st March 1971, extend until the making of an order for the winding-up of the Board the term of office of any elected or co-opted member whose term would otherwise expire at the end of that day.
3
The Board aforesaid may at any time before a petition for the winding-up of the Board is presented pass a resolution providing for the disposal on the winding-up of the Board of any assets of the Board remaining after the discharge of the debts and liabilities of the Board and the payment of the costs, charges and expenses incurred in the winding-up, being provision either —
a
for the transferring of those assets to a person or persons specified in the resolution for use by those persons for purposes so specified, being purposes which appear to the Board to be for the general benefit of persons engaged by way of business in the production of eggs ; or
b
for the distribution of those assets among such of the persons registered as producers under the scheme aforesaid as may be specified in the resolution in such proportions as may be so specified,
and any such resolution may make different provision according to the amount of those assets to be disposed of; and where such resolution has been passed as aforesaid by the Board, then, notwithstanding anything in the Companies Act 1948, the assets remaining as aforesaid shall be disposed of in accordance with the resolution.
Consumer protection
Power to regulate retail sales of eggs
25
1
If the Ministers are satisfied, after consultation with the Authority and with such other organisations appearing to the Ministers to be representative of interests substantially affected as they consider appropriate, that it is desirable so to do in the interests of consumers of eggs, they may by order make provision for all or any of the following matters, namely —
a
requiring eggs to be sold by retail in accordance with such designations indicating such weight gradings or such standards of quality as may be prescribed by the order;
b
requiring any description under which eggs are sold, or offered or exposed for sale, by retail which gives an indication of the weight of the eggs to be such description indicating such grade by weight as may be so prescribed;
c
imposing requirements as to, or otherwise regulating, the marking or labelling of eggs sold, or offered or exposed for sale, by retail or any container in which eggs are packed for such sale ;
and any such order may vary or revoke any previous order under this section and may contain such supplemental, incidental or transitional provisions as appear to the Ministers to be expedient, including in particular —
i
provision conferring exemptions from requirements of the order;
ii
provision for persons contravening or failing to com ply with requirements of the order to be guilty of an offence against the order ;
iii
provision as to the circumstances in which warranty or other matters are to be a defence for a person charged with such an offence ;
iv
provision, for the purpose of the enforcement of the order so far as it relates to weight, conferring on officers of, and duly authorised by, local weights and measures authorities powers of entry, of making test purchases and of requiring the production of books and other records;
and an order under this subsection may make in relation to imported eggs any provision which might be made in relation to eggs.
2
Any person guilty of an offence against an order under this section shall be liable on summary conviction to a fine not exceeding £100.
3
It shall be the duty of every local weights and measures authority to enforce within their area the provisions of any order under this section so far as those provisions relate to weight; and section 37 of the Weights and Measures Act 1963 (power of local authorities to combine) shall apply with respect to the functions of such authorities under this section as it applies with respect to their functions under that Act; but nothing in this subsection shall be taken as authorising such an authority in Scotland to institute proceedings for an offence.
4
In relation to indications of quality the reference in subsection (1)(c) of this section to labelling includes a reference to labelling by means of any mark, label, tag or ticket made on, attached to or displayed with eggs for sale by retail, and, without prejudice to the construction of the expression " label" in section 6 of the Food and Drugs Act 1955 or in section 6 of the Food and Drugs (Scotland) Act 1956 or elsewhere, that expression in either of the said sections 6 shall include any such mark, label, tag or ticket.
5
The provisions of any order under this section shall have effect notwithstanding anything in section 63(4) of the Weights and Measures Act 1963 but shall be without prejudice to any provision of the Food and Drugs Act 1955 or the Food and Drugs (Scotland) Act 1956 or any order or regulations for the time being in force under either of those Acts.
6
In this section the expression " the Ministers " means the Minister and the Secretary of State for Scotland acting jointly.
7
This section does not extend to Northern Ireland.
Assistance in sea transport of eggs
Assistance for certain transport of eggs by sea
26
As from 28th March 1971 —
a
the Minister may pay into the Exchequer of Northern Ireland such sums as he may with the agreement of the Treasury determine for the purpose of enabling the Ministry of Agriculture for Northern Ireland to make payments to persons engaged in Northern Ireland in the marketing of eggs in respect of expenditure incurred by them in transporting eggs by sea from Northern Ireland to Great Britain ;
b
the Secretary of State may make such payments to persons engaged in the County of Orkney in the marketing of eggs in respect of expenditure incurred by them in transporting eggs by sea from that County to other parts of Great Britain as he may with the agreement of the Treasury think fit.
General provision
Supplementary provisions as to schemes and orders under Part I
27
1
Any scheme or order made under this Part of this Act may make different provision for different circumstances.
2
Any power to make an order or regulations conferred by this Part of this Act shall be exercisable by statutory instrument.
3
Any order under any of the following provisions of this Act namely, sections 4(2) and (3), 6(1) and (2), 13(2)(b) and (3)(b) and 25, and any order under section 9 of this Act to which subsection (2) of that section does not apply, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
PART II
Capital and other Grants
Interpretation of Part II
28
In this Part of this Act, except where the context otherwise requires, the following expressions have the following meaning respectively, that is to say —
" agricultural business " means a business consisting in, or such part of any business as consists in, the pursuit of agriculture;
" agriculture " and cognate expressions shall be construed, except in relation to Scotland, in accordance with section 109 of the Agriculture Act 1947 and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948;
" the appropriate authority ", in relation to any order, scheme or regulations under this Part of this Act, means the appropriate Minister, or the appropriate Ministers acting jointly, for the part or parts of the United Kingdom for which the order, scheme or regulations is or are made ;
" the appropriate Minister ", except in sections 31 to 33 of this Act, means —
in relation to England, the Minister;
in relation to Wales, the Minister and the Secretary of State acting jointly;
in relation to Scotland, the Secretary of State;
in relation to Northern Ireland, the Minister;
" the Minister ", except in section 35 of this Act, means the Minister of Agriculture, Fisheries and Food ;
" Wales " includes Monmouthshire and references to England shall be construed accordingly.
Farm capital grants
29
1
The appropriate authority may with the approval of the Treasury by scheme provide for the making, subject to such exceptions or restrictions as may be provided for by the scheme, of grants of amounts determined in such manner as may be provided for by or under the scheme towards expenditure incurred or to be incurred for the purposes of, or in connection with, the carrying on or establishment of an agricultural business, being expenditure which —
a
has been or is to be incurred in respect of any such matters as may be specified in the scheme, or in respect of works or facilities certified under section 26(6) of the Agriculture Act 1967 as amended by subsection (2)(e) of section 32 of this Act; and
b
appears to the appropriate Minister to be of a capital nature or incurred in connection with expenditure of a capital nature; and
c
is approved by the appropriate Minister for the purposes of a grant under the scheme.
2
Any scheme under this section shall be made by statutory instrument and —
a
may be made for any one, or jointly for any two or for all three, of the following, namely —
i
England and Wales ;
ii
Scotland;
iii
Northern Ireland;
b
may make different provision for different circum stances ;
c
may vary or revoke any previous scheme under this section if or so far as that previous scheme is made for the same part or parts of the United Kingdom as the revoking or varying scheme ;
d
shall be laid before Parliament after being made and cease to have effect (without prejudice to anything previously done thereunder or to the making of a new scheme) after the expiration of a period of forty days (calculated in accordance with section 7(1) of the Statutory Instruments Act 1946) beginning with the day on which it is made unless within that period it has been approved by resolution of each House of Parliament ;
and the duration of such a scheme (that is to say, the period within which expenditure must qualify in accordance with the provisions of the scheme for consideration for a grant thereunder) shall be a period not exceeding seven years, but that period may from time to time be extended by further schemes under this section for periods not exceeding seven years at a time.
3
Any grant under such a scheme may be made, and any approval under such a scheme may be given, subject to such conditions as the appropriate Minister thinks fit; and any payment by way of such a grant shall be made at such time, or by such instalments at such intervals or times, as the appropriate Minister may determine —
a
where the expenditure in question is incurred for the purposes of activities on land situated in England, Wales or Northern Ireland, by the Minister;
b
where that expenditure is incurred for the purposes of activities on land situated in Scotland, by the Secretary of State.
4
If at any time after the appropriate Minister has approved any expenditure for the purposes of a grant under such a scheme it appears to that Minister —
a
that any condition subject to which the approval was given or the grant has been made has not been complied with; or
b
that any work in respect of expenditure on which the approval was given has been badly done, or has been or is being unreasonably delayed, or is unlikely to be completed; or
c
that the person by whom the application for that approval was made (hereafter in this subsection referred to as " the applicant ") gave information on any matter relevant to the giving of the approval which was false or misleading in a material respect,
the appropriate Minister may revoke the approval in respect of the whole or part of the expenditure and, where in pursuance of subsection (3)(a) or (b) of this section any payment has been made by the Minister or the Secretary of State by way of grant, the Minister or, as the case may be, the Secretary of State may on demand recover an amount equal to that payment or such part thereof as the appropriate Minister may specify; but before revoking an approval in whole or in part under this subsection the appropriate Minister —
i
shall give to the applicant a written notification of the reasons for the revocation ; and
ii
shall accord to the applicant an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister; and
iii
shall consider the report by any person so appointed and supply a copy of that report to the applicant.
5
If any person, for the purpose of obtaining for himself or any other person any grant under such a scheme, knowingly or recklessly makes a false statement, he shall be liable on summary conviction to a fine not exceeding £400.
6
As from such date as the appropriate authority may by order made by statutory instrument appoint, and subject to subsection (7) of this section, the enactments mentioned in Part I of Schedule 5 to this Act and any instrument made thereunder shall to the extent specified in the third column of the said Part I, or, as the case may be, to the extent that the instrument was made by virtue of any provision of those enactments so specified, cease to have effect.
7
Notwithstanding subsection (6) of this section, the appropriate authority may with the approval of the Treasury by order provide for any such enactment or instrument as is referred to in that subsection to continue in force for such period after the date appointed under that subsection as may be specified in the order (and, in the case of the provisions of section 26 of the Agriculture Act 1967 so referred to, as if the further amendments to that section made by section 32 of this Act had not been made) for the purposes of cases of any description so specified ; and any order under this subsection shall be made by statutory instrument and —
a
may make different provision for different circumstances ;
b
may be varied or revoked by a subsequent order under this subsection; and
c
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Supplementary provisions as to farm capital grants
30
1
The provisions of the Settled Land Act 1925 relating to improvements authorised by that Act (including those provisions as extended to trusts for sale by section 28 of the Law of Property Act 1925) shall, if it is so provided by regulations made with the approval of the Treasury by the appropriate authority, have effect as if such as may be specified in the regulations of the matters in respect of which expenditure may be approved for grant under a scheme made under section 29 of this Act were included in Schedule 3 to that Act (which sets out the improvements so authorised, distinguishing in Parts I, II and III of that Schedule between improvements the costs of which are not liable to be replaced, may be required to be replaced, and must be required to be replaced) and were contained in the Part of that Schedule specified in the regulations.
2
In the application of subsection (1) of this section to Northern Ireland —
a
for any reference to the Settled Land Act 1925 or to Schedule 3 to that Act there shall be substituted a reference to the Settled Land Act 1882 or, as the case may be, to section 25 of the said Act of 1882;
b
the words from " (including those provisions " to " Law of Property Act 1925)" and the words from " distinguishing in " onwards shall be omitted.
3
The appropriate authority may with the approval of the Treasury by regulations make provision for subsections (1) to (12) of section 12 of the Hill Farming Act 1946 (which in England and Wales enable the appropriate Minister to carry out improvements to certain land that is subject to rights of common of pasture and to recover a proportion of the expenditure of his so doing from persons claiming to enjoy rights over that land) to apply, with such modifications appearing to the appropriate authority to be necessary or expedient as may be specified in the regulations, to such as may be so specified of the matters in respect of which expenditure may be approved for grant under section 29 of this Act as they apply to improvements within the meaning of that Act.
4
Regulations under subsection (1) of this section may be made for England and Wales and for Northern Ireland respectively either separately or jointly; and any regulations under that subsection or subsection (3) of this section shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament.
5
In section 83(4) of the Capital Allowances Act 1968 (which specifies certain grants the making of which in respect of any expenditure disentitles a grantee to an initial allowance in respect of that expenditure) at the end of the paragraph (d) added by section 3(2) of the Transport (London) Act 1969 there shall be inserted the words
or
e
a grant made under section 29 of the Agriculture Act 1970
.
Amendments as to grants for horticultural improvements
31
1
In section 1(1) of the Horticulture Act 1960 (under which the appropriate Minister for the purposes of that Act may, in accordance with a scheme made with the approval of the Treasury, make grants in respect of horticultural production businesses), after the word " Treasury " there shall be inserted the words " and subject to such exceptions or restrictions as may be provided for by the scheme " ; and in consequence of the foregoing provisions of this subsection the following provisions of that Act, namely, section 1(4) from the word " and " onwards, section 1(5), section 2(1) from the word "and" onwards, in section 2(3) the words from " whether " to " matter ", section 2(4), and in section 3 the words " and (4) " and the words " and subsection (1) of section two ", shall cease to have effect as from the date of commencement of this subsection except in relation to a proposal submitted for approval before that date.
2
In section 7(1) of the Agriculture and Horticulture Act 1964 (which provides that the aggregate amount of grants under sections 1 and 4 of the said Act of 1960 and sections 2 to 5 of the said Act of 1964 shall not exceed £24 million or if so provided by order £27 million) —
a
for the words " twenty-four million pounds" there shall be substituted the words " £42 million ";
b
for the words " twenty-seven million pounds" there shall be substituted the words " £47 million ".
3
Subsection (1) of this section shall come into operation on such date as the appropriate Minister for the purposes of the said Act of 1960 may by order made by statutory instrument appoint.
Amendments as to grants in connection with alterations of farm structure
32
1
Part II of the Agriculture Act 1967 (which relates to grants in connection with alterations in farm structure) shall have effect with the amendments specified in the subsequent provisions of this section.
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 approve, and (subject to section 50 of the Agriculture Act 1970) make grants out of money provided by Parliament towards expenditure incurred in connection with the carrying out of —
; and in paragraphs (a), (b) and (c) the word " of " in the first place where it occurs in each of those paragraphs shall be omitted ;
ii
in paragraph (a) (which relates to the carrying out of transactions for securing that agricultural land which is an uncommercial unit, but which together with some other agricultural land could form an intermediate unit or commercial unit, shall be owned and occupied with that other land), after the word " is " there shall be inserted the words " or forms part of ";
iii
for the words " improvements and works which will be carried out" there shall be substituted the words " works and facilities which will be carried out or provided ";
b
in subsection (3) as amended by subsection (6) of section 29 of this Act (which defines the expenditure towards which a grant may be made under section 26 in connection with an amalgamation or boundary adjustment) for the words from " shall be " onwards there shall be substituted the words " shall be any costs of the amalgamation or boundary adjustment of any description specified in the scheme ";
c
in subsection (4) as amended by subsection (6) of section 29 of this Act (which specifies certain matters for which different provision may be made by a scheme under section 26) for the words from " amalgamations " onwards there shall be substituted the words " different circumstances ";
d
in subsection (5) (which relates to the amount of a grant under that section) for the words from " shall be " onwards there shall be substituted the words " shall be determined in such manner as may be provided for by or under the scheme ";
e
for subsection (6) (which relates to the matters by reference to which grant is to be payable under that section) there shall be substituted the following: —
6
A scheme under this section shall provide for grant in respect of such of any expenditure such as is mentioned in subsection (3) above as is approved for the purposes of grant by the appropriate Minister in connection with an amalgamation or boundary adjustment approved by that Minister in pursuance of the scheme, and any such approval —
a
may be given either before or, in any case where the appropriate Minister thinks fit, after the expenditure has been incurred or the amalgamation or boundary adjustment has been carried out;
b
may be given subject to such conditions as the appropriate Minister may specify, and in particular subject to any condition as to the time within which the amalgamation or boundary adjustment is to be carried out or as to the carrying out or provision within a specified period of specified works or facilities appearing to the appropriate Minister to be necessary as a consequence of the amalgamation or boundary adjustment ;
c
may be varied or withdrawn by the appropriate Minister with the written consent of the person on whose application the approval was given;
and the appropriate Minister may, if he thinks fit, for the purposes of a claim for grant under section 29 of the Agriculture Act 1970 issue a certificate with respect to any work or facility that he considers it to be necessary or desirable as a consequence of an amalgamation, or to be necessary as a consequence of a boundary adjustment, approved by that Minister in pursuance of the scheme
;
f
in subsection (7) (which provides that after certain payments the provisions of Schedule 3 shall apply) for the word " or " in the first place where it occurs there shall be substituted the words " any grant under section 29 of the Agriculture Act 1970 in respect of any work or facility certified under subsection (6) above or any grant under ";
g
in subsection (7)(a) (which provides that the proposals for an amalgamation shall not be approved unless the appropriate Minister is satisfied that certain persons have given their consent to the application of Schedule 3) the words " the proposals for " shall be omitted ;
h
in subsection (7)(b) for the word " proposals" there shall be substituted the word " amalgamation ";
i
for subsection (7)(c)(i) there shall be substituted the following —
i
any such grant as aforesaid in respect of such expenditure as the appropriate Minister may certify as being expenditure related to the relevant unit, and
;
j
in subsection (8), after the word " section ", there shall be inserted the words " or any such grant under section 29 of the Agriculture Act 1970 as is referred to in the last foregoing subsection " and for the word " proposals " there shall be substituted the words " boundary adjustment ";
k
in subsection (11), for the words " in consequence of the carrying out of proposals approved under this section " there shall be substituted the words " as a consequence of an amalgamation or boundary adjustment approved in pursuance of a scheme under this section or in consequence of the carrying out or provision of works or facilities certified under subsection (6) thereof ".
3
In section 27 —
a
in subsection (1)(a) (which relates to certain circumstances in which a grant under section 27 may be made) for the words from " amalgamation " onwards there shall be substituted the words " amalgamation approved in pursuance of a scheme under section 26 of this Act, or ";
b
after subsection (5) there shall be inserted the following subsection —
5A
A scheme under this section may make provision, in a case where a person who has submitted an application for a grant under this section, and who has in prescribed circumstances either relinquished or become under an obligation to relinquish occupation of the uncommercial unit of agricultural land in question, subsequently dies before the application has been dealt with, for the application to be proceeded with after the death and for grants under this section of such respective amounts as may be determined by or under the scheme to be payable either —
a
by way of annuity —
i
in respect of any period after the relinquishment and before the death, for the benefit of the deceased's estate; and
ii
in respect of any period falling after both the relinquishment and the death, to any person who was both at the date of the death and at the time when the application was made the spouse of the deceased ; or
b
by way of a lump sum payment for the benefit of the deceased's estate.
.
4
In section 28(1) (which relates to loans to assist amalgamations and boundary adjustments) —
a
for the words from " incurred " to " applies " there shall be substituted the words " incurred in connection with an amalgamation or boundary adjustment approved by the appropriate Minister in pursuance of a scheme under section 26 of this Act ";
b
in paragraph (a), after the word " section ", there shall be inserted the words " or incurred in the carrying out or provision of works or facilities certified under subsection (6) thereof ".
5
In section 35(b) (which provides that a scheme under section 26 or section 27 may authorise the making of different grants in different circumstances) for the word " may" there shall be substituted the words " without prejudice to the provisions of subsection (4) of the said section 26 as to schemes under that section, may, in the case of a scheme under the said section 27 ";
and in section 35(f) (under which a scheme may contain such incidental and supplemental provisions as appear to the appropriate Minister expedient for the purposes of the scheme) for the words " for the purposes of the scheme " there shall be substituted " including transitional provisions treating as having been done under or in pursuance of the scheme anything done under or in pursuance of a previous scheme ".
6
Section 37 (which relates to recovery of grant) shall apply in relation to the approval of an amalgamation or boundary adjustment in pursuance of a scheme under section 26 as amended by this Act and to that amalgamation or boundary adjustment as it applies in relation to the approval of proposals under that section as originally enacted or, as the case may be, to those proposals.
7
Section 38 (which relates to the recovery of possession of farmhouses made redundant by amalgamation) or, as the case may require, Case 13 in Schedule 3 to the Rent Act 1968 (which replaces the provisions of the said section 38 for England and Wales) shall apply in relation to an amalgamation approved in pursuance of a scheme under section 26 as amended by this Act as it applies in relation to proposals for amalgamation approved for the purposes of a scheme under that section as originally enacted and, as so applied, shall have effect as if for references therein to the time when the proposals were submitted or the date on which the proposals were approved there were substituted a reference to the time when the application for approval of the amalgamation was made or, as the case may be, the date on which the amalgamation was approved.
8
Subject to the provisions of any order under subsection (7) of section 29 of this Act, the provisions of this section shall have effect as respects any period beginning on or after the date appointed under subsection (6) of the said section 29; but the appropriate Minister for the purposes of section 26 may by order made by statutory instrument provide for any provision of this section to come into force from such earlier date as may be specified in the order; and the provisions of section 26, as amended by this section and the said subsection (6), are set out in Schedule 2 thereto.
Miscellaneous amendments relating to amalgamations
33
1
In Schedule 3 to the Agriculture Act 1967 (which relates to the conditions applying to amalgamated agricultural units) —
a
paragraph 1 (which relates to the duration of the application of that Schedule to a unit of land) shall have effect, and be deemed always to have had effect, with the substitution for the words " forty years " of the words " fifteen years " ;
b
for sub-paragraph (4) of paragraph 2 (which relates to registration of conditions in Scotland) there shall be substituted the following sub-paragraph —
4
In the case of a unit of land in Scotland —
a
where the conditions specified in this Schedule first come to apply to the unit, the Secretary of State shall cause to be recorded in the General Register of Sasines a notice of that fact;
b
the said conditions shall not be enforceable against any third party who shall have in good faith and for value acquired right (whether completed by infeftment or not) to his estate or interest in the unit prior to the said notice being recorded as aforesaid, or against any person deriving title from such a third party ;
c
where the conditions or any of them cease to apply to the unit or part of the unit in pursuance of paragraph 6(1) or 7(8) of this Schedule, the Secretary of State shall cause to be recorded in the General Register of Sasines a notice stating that the conditions or condition no longer apply, or applies, to that unit of land or that part
;
c
in paragraph 5 (which requires the owner of a unit of land in certain circumstances to furnish certain information) after the word " land " in the first place where it occurs there shall be inserted the words " or any such other person having an estate or interest in the unit of land as may be agreed between the appropriate Minister, the owner and that other person " and for the words " furnish to him " there shall be substituted the words " or, if the tenant has been informed of such an agreement as aforesaid, by the other person in question, furnish to the owner or, as the case may be, to that other person ";
d
in paragraph 7(2) (which relates to the maximum additional amount to be payable under paragraph 7(1)(b) where certain conditions are breached) for the words from " not exceed" onwards there shall be substituted the words " not exceed £1500 ".
2
In section 29(3) and in section 48(2) of the Agriculture Act 1967 (which require certain persons to be parties to certain deeds) for the words " are parties to " there shall in each case be substituted the words " have executed " ; but —
a
in the case of any land in England, Wales or Northern Ireland which is comprised in a settlement or is held under a trust for sale, or
b
in the case of any land in Scotland in which an estate or interest is held by a liferenter or an heir of entail,
the person having the powers of a tenant for life, the trustees for sale, the liferenter or the heir of entail, as the case may be, may execute the deed referred to in the said section 29(3) or 48(2), or give the consent referred to in section 26(7)(a) or 28(6)(a) of that Act, or make the application for ministerial consent referred to in paragraph 6(1) of Schedule 3 to that Act, on behalf of all other persons who are or may become entitled to benefit under the settlement or trust in question or, as the case may be, to a right in that estate or interest as well as on his own behalf, and in that case the deed, consent or application shall not be required to be executed, given or made by any of those other persons.
3
The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general powers of trustees) there were included a power to execute such a deed, give such a consent or make such an application as is referred to in subsection (2) of this section relating to the trust estate or any part thereof.
4
Where an application is made to the court by any person for a direction as to whether or not that person should exercise a power conferred on him by virtue of subsection (2) or (3) of this section in any particular case, other than the power to execute such a deed as is referred to in section 29(3) or 48(2) of the Agriculture Act 1967 relating to land which constitutes or forms part of a commercial unit within the meaning of Part II of that Act, the costs or expenses of that application shall, whatever the direction given by the court, be treated as expenditure towards which a grant may be made under section 26 of that Act.
5
In the application to Scotland of sections 26(7)(a), 28(6)(a), 29(3) and 48(2) of, and Schedule 3 to, the Agriculture Act 1967 and of subsection (2) of this section, references to an estate or interest in land shall not include and shall be deemed never to have included a reference to an estate of superiority within the meaning of section 3 of the Conveyancing (Scotland) Act 1874.
New provision as to standard costs, etc. for certain grants
34
1
In such cases, and subject to such conditions, as may from time to time be determined by the Minister or Ministers concerned with the making in any part of the United Kingdom' of any description of grants to which this section applies, the cost of any works, or the amount of any other cost or expenditure, shall, if the applicant for grant so elects, be taken for the purpose of determining the amount of the grant as such standard cost or amount as the Minister or Ministers in question may from time to time fix with the approval of the Treasury.
2
The grants to which this section applies are as follows —
a
grants under section 16 of the Agriculture Act 1937 or section 15 of the Agriculture (Miscellaneous War Provisions) Act 1940 (drainage and water supply);
b
improvement grants under the Hill Farming and Live stock Rearing Acts 1946 to 1956;
c
grants under section 1 of the Horticulture Act 1960 (horticultural improvements) or section 3 of the Agriculture and Horticulture Act 1964 (orchard clearing); and
d
grants under section 30 (farm improvements), section 41 (hill land improvements) or section 61 (co-operative activities) of the Agriculture Act 1967.
3
Section 1(4)(c) of the Agricultural Improvement Grants Act 1959 (which authorises standard cost regulations for the purposes of section 3 of the Pests Act 1954) shall cease to have effect.
Termination of grants under Hill Farming Act 1946 s. 1
35
1
The Minister may by order specify a date (hereafter in this section referred to as " the terminal date "), not being earlier than 5th November 1973, after which no payment shall be made under section 1(1) of the Hill Farming Act 1946 except in pursuance of a claim made on or before the terminal date in respect of work done before the making of the claim, being a claim made in such form and manner and containing such particulars as the Minister may from time to time direct.
2
Without prejudice to section 2(3) of the said Act of 1946 or subsection (3)(b) of this section, a grant under section 1(1) of that Act may be paid in pursuance of a claim made as aforesaid in respect of any work done not later than the terminal date which is required for making an improvement proposed by a scheme approved under the said section 1(1) whether or not the improvement is completed on or before the terminal date.
3
Where a scheme approved under the said section 1(1) is not completed on or before the terminal date —
a
the scheme is hereby revoked as from immediately after the terminal date ; and
b
section 6 of the said Act of 1946 (which relates to the power of the Minister in certain circumstances to revoke a scheme approved, or to recover the whole or part of any payments made by way of grant, under the said section 1(1)) shall cease to apply to that scheme, but, subject to paragraph (c) of this subsection, the Minister may on demand recover an amount equal to any payment made by way of grant under the said section 1(1) —
i
if or so far as the payment was in respect of any work done under the scheme which has been badly done; or
ii
if, otherwise than in such circumstances as may be prescribed, the total cost of all work done under the scheme on or before the terminal date is excessive in relation to the agricultural benefit which is likely to be derived from that work ; or
iii
except in such circumstances as may be prescribed, if or so far as the payment was in respect of work required for making an improvement under the scheme and that improvement is not completed on or before the terminal date ;
c
before making a demand under paragraph (b) of this subsection on the recipient of any payment by way of grant under the said section 1(1), the Minister —
i
shall give to that recipient a written notification that he proposes to make the demand and of the reason therefor; and
ii
shall accord to that recipient an opportunity of appearing before and being heard by a person appointed for the purpose by the Minister; and
iii
shall consider the report by any person so appointed and supply a copy of that report to that recipient.
4
In this section —
a
the expression " the Minister " means the appropriate Minister for the purposes of the Hill Farming Act 1946;
b
the expression " prescribed " means prescribed by the Minister by order, whether or not the same order as one made for the purposes of subsection (1) of this section.
5
Any order under this section shall be made by statutory instrument and —
a
may include such incidental, supplemental or transitional provision as appears to the Minister to be necessary or expedient;
b
may be varied or revoked by a subsequent order under this section; and
c
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Amendment of Agriculture (Ploughing Grants) Act 1952
36
In section 3 of the Agriculture (Ploughing Grants) Act 1952, for subsection (4) (which provides that no scheme shall be made under that Act unless a draft has been approved by resolution of each House of Parliament) there shall be substituted the following: —
4
Any statutory instrument making, varying or revoking a scheme under this Act shall be laid before Parliament after being made and cease to have effect (without prejudice to anything previously done thereunder or to the making of a new scheme) after the expiration of a period of forty days (calculated in accordance with section 7(1) of the Statutory Instruments Act 1946) beginning with the day on which it is made unless within that period it has been approved by resolution of each House of Parliament.
PART III
Smallholdings in England and Wales
Preliminary
Interpretation of Part III
37
1
In this Part of this Act, except in so far as the context otherwise requires, the following expressions have the following meanings respectively, that is to say —
" existing smallholding " means a unit of land which, being held by a smallholdings authority or (as the case may be) by the Minister for the purposes of smallholdings, is for the time being let as a smallholding (whether under this Act or under the previous enactments relating to smallholdings) or, if it is not for the time being in use, was so let when it was last in use;
" the Minister " (subject to section 62 of this Act) means the Minister of Agriculture, Fisheries and Food ;
" the Ministers " means the Minister and the Secretary of State for Wales and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly;
" smallholdings estate ", in relation to anything falling to be done by a smallholdings authority, means the aggregate of the land which is for the time being held by the authority for the purposes of smallholdings ;
" the previous enactments relating to smallholdings " means any of the following, that is to say, the Small Holdings and Allotments Acts 1908 to 1931 and Part IV of the Agriculture Act 1947 ;
" working capital ", in relation to a smallholding, includes any sum paid or payable by an incoming tenant (whether to the landlord or to the outgoing tenant) in respect of compensation paid or payable to an outgoing tenant.
2
In this Part of this Act —
a
any reference to land held by a smallholdings authority for the purposes of smallholdings shall be construed as including a reference to any land in which an interest is so held by the authority, other than a right to take possession arising under the provisions of the Small Holdings and Allotments Acts 1908 to 1931 ;
b
any reference to smallholdings provided by a small holdings authority is a reference to any land which is for the time being held by the authority for the purposes of smallholdings and let as a smallholding, whether under this Part of this Act or under the previous enactments relating to smallholdings ;
c
any reference to the purposes of smallholdings, in relation to any time before the commencement of this Part of this Act, shall be construed as a reference to the purposes which were the purposes of smallholdings in accordance with Part IV of the Agriculture Act 1947.
3
Any reference in this Part of this Act to the creation of a new smallholding shall be construed as a reference to any letting of land by a smallholdings authority or by the Minister where —
a
the land is for the time being held by the authority or the Minister for the purposes of smallholdings and the letting is a letting of the land as a smallholding ;
b
immediately before it is so let, the land or part of it is being used (or, if it is not then in use, is land which was last used) otherwise than as land held and let as mentioned in the preceding paragraph ; and,
c
the land so let is not a holding resulting from such an enlargement or amalgamation as is mentioned in section 40(2)(a) of this Act or resulting from a similar enlargement or amalgamation effected by the Minister.
4
Subsections (1), (3) and (5) of section 109 of the Agriculture Act 1947 (interpretation) shall have effect for the purposes of this Part of this Act as they have effect for the purposes of that Act.
5
It is hereby declared that the provisions of sections 46 and 47 of this Act with respect to the powers of smallholdings authorities relate only to their capacity as corporations; and nothing in those provisions shall be construed as authorising, on the part of any smallholdings authority, any act or omission which apart from those provisions would be actionable at the suit of any person on any grounds other than a limitation imposed by law on the capacity of the authority as a corporation.
Reorganisation of smallholdings
Smallholdings authorities
38
The following councils shall be smallholdings authorities, that is to say —
a
the Greater London Council;
b
the council of every county in England and Wales;
c
every county borough council who immediately before the commencement of this Part of this Act hold any land for the purposes of smallholdings, except any such council in respect of whom a direction is given under section 57(2) of this Act; and
d
any county borough council in respect of whom a direction under section 57(1) of this Act is for the time being in force.
General aim of statutory smallholdings
39
1
In the performance of their functions under this Part of this Act smallholdings authorities, having regard to the general interests of agriculture and of good estate management, shall make it their general aim to provide opportunities for persons to be farmers on their own account by letting holdings to them being persons who satisfy the requirements of subsection (2) and of any regulations made under subsection (6) of section 44 of this Act and holdings which, unless let in accordance with proposals approved by virtue of section 41(4) of this Act, fall within the upper limit for a smallholding.
2
For the purposes of the foregoing subsection and section 41(3) and (4) of this Act, a holding shall be treated as falling within the upper limit for a smallholding if in the opinion of the Minister it is capable, when farmed under reasonably skilled management, of providing full-time employment for not more than two men (including the person to whom it is let) with or without additional part-time employment for another man, and in any other case shall be treated as exceeding that upper limit, the number of men for whom it is capable of providing full-time employment being estimated in such manner as the Ministers may by regulations prescribe.
Reorganisation of smallholdings estates
40
1
Every smallholdings authority who immediately before the commencement of this Part of this Act hold any land for the purposes of smallholdings shall review the authority's smallholdings estate and (subject to any direction given under subsection (4) of this section) shall, before the end of the period of eighteen months beginning with the commencement of this Part of this Act or such extended period as in any particular case the Minister may allow, submit to the Minister proposals with respect to the future management of that estate.
2
For the purposes of this section each smallholdings authority shall in particular consider to what extent (if any), with a view to giving effect to the general aim specified in section 39(1) of this Act and having regard to the general interests of agriculture and of good estate management, the authority's smallholdings estate should be reorganised —
a
by enlarging one or more existing smallholdings or amalgamating the whole or part of one or more existing smallholdings with other land (whether that other land is or forms part of an existing smallholding, or is otherwise comprised in the authority's smallholdings estate, or not) with or without the carrying out of improvements in connection with any such enlargement or amalgamation, or
b
by improving one or more existing smallholdings with out any enlargement or amalgamation, or
c
by creating one or more new smallholdings, with or without the carrying out of improvements in connection therewith.
3
Any proposals of a smallholdings authority under this section shall be formulated so as to comply with any general directions given by the Ministers, or with any special directions given to the authority by the Minister, as to the form of the proposals or as to the particulars to be contained in them.
4
If, on the application of a smallholdings authority, the Minister is satisfied that the authority's smallholdings estate is not suitable to be reorganised as mentioned in subsection (2) of this section, he may give a direction exempting the authority from the duty to submit proposals under this section.
Approval by Minister of proposals for reorganisation
41
1
Where any proposals have been submitted to the Minister by a smallholdings authority under section 40 of this Act, the Minister, subject to the following provisions of this section, may approve the proposals, or may reject them and direct the authority to submit to him new proposals under that section within such time as may be specified in the direction.
2
Where the Minister approves any such proposals, he may approve them either as submitted or with such modifications as he considers appropriate, and may approve them (with or without such modifications) either unconditionally or subject to conditions; and in the following provisions of this Part of this Act any reference to the approval of any such proposals by the Minister is a reference to his approving them in any way authorised by the preceding provisions of this subsection.
3
Subject to subsection (4) of this section, the Minister shall not approve amy proposals of a smallholdings authority under section 40 of this Act in so far as it appears to him that an existing smallholding as enlarged or improved in accordance with the proposals, or a holding resulting from a proposed amalgamation, or a new smallholding proposed to be created, would exceed the upper limit for a smallholding.
4
The Minister may approve any such proposals of a smallholdings authority notwithstanding that it appears to him that, in the case of one or more holdings, the upper limit for a smallholding would be exceeded, if it is represented to him by the authority, and he is satisfied —
a
that the holdings are to be let as smallholdings in accordance with section 44 of this Act, and
b
that, by reason of the nature or extent of fixed equipment on the holding or holdings, or of the special qualities of the soil, or of other exceptional circumstances, it is necessary or expedient for them to exceed that limit.
5
Subject to subsections (3) and (4) of this section, in determining whether to approve any proposals of a smallholdings authority submitted under section 40 of this Act the Minister shall have regard to the considerations specified in subsection (2) of that section.
6
Where any proposals of a smallholdings authority under section 40 of this Act have been approved by the Minister, then, until those proposals are amended or superseded by subsequent proposals so approved, it shall be the duty of the smallholdings authority —
a
to perform their functions under the following provisions of this Part of this Act in such a way as to give effect to those proposals as so approved, and
b
if the approval of the Minister is given subject to conditions, to comply with those conditions.
Subsequent reviews and proposals for further reorganisation
42
1
Where proposals have been submitted to the Minister by a smallholdings authority under section 40 of this Act, and the Minister has approved those proposals, the Minister, at any time after the end of the period of five years beginning with the date of approval, may direct the smallholdings authority to carry out a further review of their smallholdings estate and to submit to him further proposals with respect to the future management of that estate.
2
A smallholdings authority to whom the Minister has given a direction under subsection (1) of this section shall comply with that direction within such period as may be specified in the direction or such extended period as the Minister may allow; and any proposals submitted in compliance with such a direction shall indicate how far the authority's previous proposals, as approved by the Minister, are intended to remain unaltered and how far they are to be amended or superseded by the new proposals.
3
Subsections (2) and (3) of section 40 and subsections (1) to (5) of section 41 of this Act shall have effect (subject to the necessary modifications) in relation to proposals submitted to the Minister under this section as they have effect in relation to proposals submitted to him under the said section 40.
4
The power of the Minister under subsection (1) of this section to direct a further review shall include power to direct subsequent reviews where proposals have been approved by him by virtue of this section, but with intervals of not less than five years between the date of approval and any direction requiring a further review ; and accordingly —
a
in subsection (1) of this section the reference to proposals submitted to the Minister under section 40 of this Act shall be construed as including a reference to proposals submitted to him in accordance with subsections (1) and (2) of this section, and
b
in subsection (2) of this section the reference to a direction given by the Minister under subsection (1) of this section shall be construed accordingly.
5
Where by virtue of this section the Minister has approved proposals amending or superseding proposals previously approved by him, then, until further proposals amending or superseding the proposals for the time being in force are approved by the Minister, it shall be the duty of the smallholdings authority —
a
to perform their functions under the subsequent provisions of this Part of this Act in such a way as to give effect to the proposals as approved by the Minister and for the time being in force, and
b
if the approval of the Minister to the proposals for the time being in force has been given subject to conditions, to comply with those conditions.
6
Where under subsection (4) of section 40 of this Act the Minister has given a direction exempting a smallholdings authority from the duty to submit proposals under that section, the Minister may revoke that direction at any time after the end of the period of five years beginning with the date on which it was given; and where such a direction is revoked the provisions of sections 40 and 41 of this Act shall have effect in relation to that authority as if, in subsection (1) of the said section 40, the reference to the commencement of this Part of this Act were a reference to the date of the revocation, and any reference in this Part of this Act to proposals submitted under the said section 40 or approved under the said section 41 shall be construed accordingly.
7
In relation to proposals of which different parts are approved by the Minister on different dates, any reference in this section to the date of approval shall be construed as a reference to the latest of those dates.
Submission and approval of proposals otherwise than in connection with reviews
43
1
Where a smallholdings authority, other than an exempt smallholdings authority, propose to carry out any such transaction as is mentioned in paragraph (a), paragraph (b) or paragraph (c) of section 40(2) of this Act, and the transaction —
a
would be inconsistent with any previous proposals of the authority as approved by the Minister and for the time being in force under the preceding provisions of this Part of this Act, and has not been provided for by any proposals previously approved under this section, and
b
is intended to be carried out at a time when no review of the authority's smallholdings estate is required to be carried out by a direction given by the Minister under those provisions,
the authority shall submit to the Minister proposals under this section for carrying out that transaction.
2
Any proposals submitted by a smallholdings authority under subsection (1) of this section shall be by way of amending the previous proposals of the authority approved by the Minister under the preceding provisions of this Part of this Act, in the form in which (whether as originally approved or as subsequently amended) those proposals are for the time being in force.
3
Where an exempt smallholdings authority propose to carry out any such transaction as is mentioned in paragraph (a) or paragraph (c) of section 40(2) of this Act, and the transaction has not been provided for by any proposals of the authority previously approved by the Minister under this section, the authority shall submit to the Minister proposals under this section for carrying out that transaction.
4
An exempt smallholdings authority proposing to carry out any such transaction as is mentioned in paragraph (b) of section 40(2) of this Act may, if (having regard to the provisions of section 51 of this Act) it appears to the authority to be expedient to do so, submit to the Minister proposals under this section for carrying out that transaction.
5
Subsection (3) of section 40 and subsections (1) to (5) of section 41 of this Act shall have effect (subject to the necessary modifications) in relation to proposals submitted to the Minister under this section as they have effect in relation to proposals submitted to him under the said section 40.
6
Subject to subsection (7) of this section, where the Minister has approved any proposals under this section, subsection (5) of section 42 of this Act shall have effect as if those proposals had been approved under that section.
7
In the case of proposals submitted by an exempt smallholdings authority and approved by the Minister under this section, subsection (6) of section 41 of this Act shall have effect as if those proposals had been approved under that section.
8
In this section " exempt smallholdings authority " means a smallholdings authority in respect of which a direction given under section 40(4) of this Act is for the time being in force.
Management of smallholdings
Letting of smallholdings
44
1
Any land held by a smallholdings authority for the purposes of smallholdings may be let by them as a smallholding in accordance with the following provisions of this section.
2
Subject to subsection (3) of this section, no land shall be so let except to a person who is to farm the holding and either —
a
is regarded by the authority as being qualified by reason of his agricultural experience to farm the holding on his own account, or
b
is a person in respect of whom the authority are satisfied that within a reasonably short time he will become eligible to be so regarded.
3
Notwithstanding anything in subsection (2) of this section, a smallholdings authority may let land under this section as a smallholding, or as part of a group of two or more smallholdings, to two or more persons proposing to farm the land together on a co-operative system if, having regard to the aggregate agricultural experience of those persons, the authority are satisfied that they are, or will within a reasonably short time become, qualified to farm the land together on such a system on their own account.
4
Subject to subsection (5) of this section, a smallholdings authority shall not under this section —
a
let any holding resulting from such an enlargement or amalgamation as is mentioned in section 40(2)(a) of this Act, or
b
create any new smallholding,
unless the enlargement or amalgamation, or the creation of a new smallholding, as the case may be, is in accordance with proposals which have been approved by the Minister and are for the time being in force under the preceding provisions of this Part of this Act.
5
Subsection (4) of this section shall not apply to the letting of any holding, or the creation of a new smallholding, if —
a
the letting or creation is effected by the smallholdings authority with the consent in writing of the Minister, and
b
that consent is given before any proposals have been submitted by the authority under section 40 of this Act or before any proposals so submitted by the authority have been approved by the Minister.
6
Regulations made by the Ministers may make provision as to the selection of tenants to whom land may be let under this section, and in particular —
a
may specify requirements (whether as to agricultural experience or otherwise) to be fulfilled by persons to whom land is to be let under this section, and
b
may require smallholdings authorities, before letting land under this section, to take such preparatory steps as may be prescribed by the regulations.
Rent to be charged for smallholdings
45
1
A smallholdings authority in determining the rent at which any land is to be let by them under section 44 of this Act, shall have regard to the rent which, in their opinion, might reasonably be expected to be determined to be the rent properly payable if —
a
the land were already let as an agricultural holding;
b
the terms of that letting (other than terms relating to rent) were those on which the smallholdings authority propose to let the land in question; and
c
the question what rent should be payable in respect of that agricultural holding had been referred to arbitration under the enactments relating to agricultural holdings which are for the time being in force.
2
For the purposes of the foregoing subsection it shall be assumed that, on any such arbitration as is mentioned in paragraph (c) of that subsection, there would be no improvements, or matters treated as equivalent to improvements, and no dilapidation, deterioration or damage, of which, in accordance with the enactments referred to in that paragraph, special account (whether by way of reducing or increasing the rent determined) would fall to be taken in determining what rent should be payable.
3
Subsection (1) of this section (but without the assumptions specified in subsection (2) thereof) shall have effect in relation to any revision by agreement of the rent at which any land has been let by a smallholdings authority as a smallholding (whether under section 44 of this Act or under the previous enactments relating to smallholdings) as it has effect in relation to determining the rent at which any land is to be let under the said section 44.
Equipment of smallholdings
46
1
A smallholdings authority shall have power to provide, improve, maintain and repair fixed equipment on land held by the authority for the purposes of smallholdings, and to carry out any other improvements on or for the benefit of any such land.
2
The power conferred by the foregoing subsection shall include power to enter into an agreement with a tenant of any such land for —
a
the provision, improvement, maintenance or repair by the tenant of fixed equipment on the land, or
b
the carrying out by the tenant of other improvements on or for the benefit of the land,
on such terms as may be specified in the agreement.
General powers of management
47
1
Subject to the provisions of this Part of this Act, a smallholdings authority shall have all such powers as are required by the authority for the management of land held by them for the purposes of smallholdings.
2
A smallholdings authority shall have power, for the benefit of the occupiers of smallholdings provided by the authority, to further the formation of bodies of persons, whether corporate or unincorporate, having for their object or one of their objects the promotion of efficiency in the conduct of smallholdings through co-operative methods, and in particular through co-operative purchase and hiring of requisites for the smallholdings or the co-operative sale, marketing or preparation for marketing of the produce of the smallholdings, and to assist the carrying on and extension of the activities of such bodies.
3
To such extent as appears to a smallholdings authority to be expedient for the purpose of assisting the conduct of smallholdings provided by the authority, or of promoting co-operative schemes for the conduct of such smallholdings, the authority shall have power —
a
to acquire by purchase or hiring machinery and other equipment, live or dead stock, seeds, fertilisers and any other requisites and to sell or let them on such terms as may be decided by the authority, and
b
to provide services on such terms as may be so decided.
4
A smallholdings authority shall have power to carry out arrangements made by the authority for the disposal by the authority of the produce of smallholdings provided by them.
Acquisition of land for purposes of smallholdings
48
1
Where in the exercise of their powers under section 157 of the Local Government Act 1933 (power of local authorities to acquire land by agreement) a smallholdings authority propose to acquire for the purposes of smallholdings any land outside their area, they shall consult the council of the county or county borough in whose area the land is situated.
2
Notwithstanding anything in that Act or in any other enactment, a smallholdings authority shall not be authorised to acquire any land compulsorily for the purposes of smallholdings.
Surplus land held for purposes of smallholdings
49
1
Where any land held by a smallholdings authority for the purposes of smallholdings is not for the time being required for use for those purposes, the authority may let it for such period and for such purpose as they think fit, at the best rent which appears to them to be obtainable for it for that purpose and on such other terms as they may determine.
2
In subsection (1) of this section the reference to letting land shall be construed as including references —
a
to the grant, with the approval of the Minister, of a licence to a person to occupy the land for use as agricultural land, and
b
to the grant of a licence to a person to occupy the land, where the land is to be used only for grazing or mowing during a specified period of the year.
3
Section 164 of the Local Government Act 1933 (power to let land) shall not have effect so as to enable a smallholdings authority by virtue of that section to let, otherwise than in accordance with section 44 of this Act or subsection (1) of this section, any land which is for the time being held by the authority for the purposes of smallholdings.
4
The preceding provisions of this section shall have effect without prejudice to any power exercisable by a smallholdings authority under section 163 (power to appropriate land) or section 165 (power to sell or exchange land) of the Local Government Act 1933.
Financial aid for smallholdings
Grants in respect of certain amalgamations, etc.
50
Any scheme under section 26 of the Agriculture Act 1967 as amended by Part II of this Act which makes provision for grants to smallholdings authorities in respect of expenditure incurred in connection with the carrying out of transactions to give effect to proposals approved and for the time being in force under sections 40 to 43 of this Act and which provides that this section is to have effect in relation to the scheme shall provide for such grants to be payable only in such cases as the Minister may, with the approval of the Treasury, determine; and no such grant shall be made under that scheme to a smallholdings authority in respect of expenditure incurred in connection with any particular transaction unless an application for the making of the grant has been made by the authority in accordance with the scheme within five years from the date when the scheme comes into operation ; but —
a
the application may be made at any time after the authority have submitted to the Minister proposals under the said section 40 which include proposals relating to that transaction or have submitted to the Minister proposals relating to that transaction under the said section 43 ; and
b
where the transaction is comprised in proposals sub mitted under the said section 40, the grant may be made at any time after the Minister has approved so much of those proposals as relates to that transaction whether any other part of the proposals submitted by the authority has then been approved or not.
Increase of certain capital grants
51
1
Where a grant is made to a smallholdings authority under a scheme made under any provision of this Act in respect of expenditure which —
a
was or is to be incurred in the carrying out or provision of works or facilities of such description as the Minister may specify for the purposes of this section in that scheme which are, in the opinion of the Minister, required for giving effect to proposals approved by him under section 41 or 43 of this Act; and
b
qualified in accordance with the provisions of the scheme for consideration for the grant before the expiration of the period of five years beginning with the date when the first scheme under the provision of this Act in question providing for grants to smallholdings authorities came into operation,
the Minister may increase the amount of that grant by an amount equal to one-tenth of the expenditure in respect of which the grant was made; but no such increase shall be granted if the land on which the works or facilities were or are to be carried out or provided constitutes or forms part of a holding which, in the opinion of the Minister, would without those works or facilities be a commercial unit within the meaning of Part II of the Agriculture Act 1967.
2
An application to the Minister for an increase of grant by virtue of subsection (1) of this section in respect of any works or facilities may be made by a smallholdings authority at any time after the authority —
a
have submitted to the Minister proposals under section 40 of this Act which include the proposals in connection with which the authority claim that the works or facilities are required (hereafter in this subsection referred to as " the relevant proposals "); or
b
have submitted the relevant proposals to the Minister under section 43 of this Act;
and, where the relevant proposals are comprised in proposals submitted under the said section 40, the increase may be granted at any time after the Minister has approved so much of the proposals submitted under that section as consists of the relevant proposals, whether any other part of the proposals so submitted by the authority has been so approved or not.
Contributions under previous enactments
52
1
The Minister shall not approve any proposals and estimates under section 58 of the Agriculture Act 1947 (contributions by Minister to losses incurred by smallholdings authorities) if the estimates are submitted to him under subsection (1) of that section after the passing of this Act.
2
Regulations made by the Ministers with the approval of the Treasury —
a
may require any smallholdings authority to furnish the Minister with such particulars as may be determined in accordance with the regulations of any sale or exchange of land which immediately before the commencement of this Part of this Act is held by the authority for the purposes of smallholdings, of any appropriation of such land for other purposes, and of any letting of such land otherwise than under section 44 of this Act;
b
may empower the Minister to adjust, in such manner as he thinks fit having regard to any such particulars furnished by a smallholdings authority, the amount or aggregate amount of any contributions payable to that authority under section 2 of the Small Holdings and Allotments Act 1926 or section 58 of the Agriculture Act 1947, in a case where the land sold, exchanged, appropriated or let is land which has been or formed part of —
i
land in respect of which payments have been made under section 27 of the Land Settlement (Facilities) Act 1919 ; or
ii
land in the case of which contributions have been made or undertaken to be made under the said section 2 or the said section 58 in connection with proposals and estimates relating to that land;
c
may provide for withholding or reducing any such contributions where any requirement imposed on a smallholdings authority by or under this Part of this Act or section 58 of the Agriculture Act 1947 is not complied with;
d
may make provision as to the making of applications for the payment of any such contributions which have been agreed to be made, and as to the time at which payments of any such contributions may be made, and for enabling the Minister to require a smallholdings authority to whom any such contributions have been paid to furnish the Minister with any particulars required by the Minister before payment of contributions is continued ; and
e
may make provision for empowering persons authorised by the Minister to inspect books and other documents of a smallholdings authority relating to transactions in connection with which any such contributions are payable to the authority.
3
Any regulations made under this section may revoke —
a
so much of any regulations for the time being in force under section 58 of the Agriculture Act 1947 as was made in pursuance of any provisions of that section which are repealed by this Act, and
b
any regulations made under section 2 of the Small Holdings and Allotments Act 1926 in their application to holdings other than cottage holdings;
but nothing in this subsection shall be construed as affecting the exercise of any power to revoke or vary so much of any regulations made under the said section 58 as was made in pursuance of any provisions not repealed by this Act.
4
Where any regulations exercise a power of revocation conferred by subsection (3) of this section, the regulations may contain such transitional provisions with respect to matters in progress under the regulations so revoked as the Ministers may consider appropriate having regard to the provisions of subsection (2) of this section and of section 62 of this Act.
5
In this section " contributions " includes any payments; and in subsection (2) (b) of this section the reference to adjusting the amount or aggregate amount of any contributions payable to a smallholdings authority shall be construed as including a reference to terminating all or any contributions so payable.
Loans and guarantees by smallholdings authorities
53
1
A smallholdings authority may make loans for the purpose of providing working capital for a tenant of a smallholding provided by the authority, or for a person intending to become such a tenant, or may guarantee the repayment of, and the payment of interest on, any loan made for that purpose by another person.
2
A loan made or guaranteed by a smallholdings authority under this section in respect of a smallholding (or, if two or more loans are so made or guaranteed, the aggregate amount of those loans) shall not exceed three-quarters of the aggregate working capital which in the opinion of the authority is required for the proper working of the smallholding.
3
Subject to subsection (4) of this section, every loan made by a smallholdings authority under this section shall bear interest at a rate of one-half of one per cent, above the rate which, on the date of the agreement to make the loan, is the rate for the time being determined by the Treasury in accordance with section 5 of the National Loans Act 1968 in respect of local loans made on the security of local rates on that date and for the same period as that loan.
4
Where, on the date of the agreement for a loan under this section, there are two or more rates of interest for the time being determined by the Treasury as mentioned in subsection (3) of this section, the reference in that section to the rate so determined shall be construed as a reference to such one of those rates as may be specified in a direction given by the Treasury for the purposes of this section.
5
The Treasury shall cause any direction given under subsection (4) of this section to be published in the London Gazette as soon as may be after giving it.
6
A smallholdings authority shall not guarantee a loan under this section which bears a rate of interest in excess of the rate which would be chargeable if the loan were made by the authority under this section.
7
No loan shall be made or guaranteed under this section except in pursuance of an agreement in writing specifying the maximum period of the loan or guarantee and the rate of interest on the loan.
8
In this section " local loans " and " made on the security of local rates " have the same meanings as in section 6(2) of the National Loans Act 1968.
Additional powers of Minister in relation to smallholdings
Land held by Minister for purposes of smallholdings
54
1
This section applies to any land which is for the time being held by the Minister for the purposes of smallholdings.
2
Subject to the following provisions of this section, in relation to land to which this section applies the Minister shall have the like duties and powers as smallholdings authorities have under the provisions of sections 44 to 47 and 49(1) and (2) of this Act in relation to land held by them for the purposes of smallholdings, as if in those provisions any reference to smallholdings provided by a smallholdings authority were a reference to smallholdings on land to which this section applies.
3
Where for the purpose of assisting the conduct of smallholdings on land to which this section applies the Minister has (whether before or after the commencement of this Part of this Act) acquired by purchase or hiring machinery or other equipment, live or dead stock, seeds, fertilisers or other requisites, or provides any services, the powers of the Minister under section 47(3) of this Act, as applied by subsection (2) of this section, shall include power to sell or let them to, or (as the case may be) to provide the services for, any persons, whether they are tenants of smallholdings or not.
4
Where any arrangements are made by the Minister under section 47(4) of this Act, as applied by subsection (2) of this section, and it appears to the Minister that any facilities provided in accordance with the arrangements are not required to be reserved exclusively for disposing of the produce of smallholdings on land to which this section applies, the arrangements may include provision for the use of those facilities for disposing of the produce of other agricultural holdings.
5
Subject to subsection (6) of this section, the Minister may, in accordance with arrangements made by him with the approval of the Treasury, make loans for the purpose of providing working capital for a tenant of a smallholding on land to which this section applies, or for a person intending to become such a tenant.
6
A loan made by the Minister under subsection (5) of this section in respect of a smallholding (or, if two or more loans are so made, the aggregate amount of those loans) shall not exceed three-quarters of the aggregate working capital which in the opinion of the Minister is required for the proper working of the smallholding.
7
The Minister may designate any land for the time being vested in him as being land held by him for the purposes of smallholdings, and may at any time revoke any such designation ; and —
a
any land comprised in such a designation which is for the time being in force shall for the purposes of this section be taken to be land held by the Minister for the purposes of smallholdings, whether apart from the designation it would be taken to be so held or not, and
b
any land in respect of which such a designation has been revoked under this subsection shall be conclusively presumed to be land not held by the Minister for those purposes.
Acquisition of land by Minister for purposes of smallholdings
55
The power of the Minister to acquire land under section 82 of the Agriculture Act 1947 shall include power to acquire by agreement any land which in his opinion is required by him for the purposes of smallholdings.
Default powers of Minister
56
1
If the Minister is satisfied that the functions of a smallholdings authority under this Part of this Act are not being satisfactorily performed by the authority, the Minister, subject to the following provisions of this section, may —
a
direct the authority to perform those functions in such manner as may be specified in the direction, or
b
by order transfer such of the functions of the authority under this Part of this Act (including the expenditure of money whether on revenue or capital account) as may be specified in the order.
2
Any functions transferred by an order in accordance with subsection (1)(b) of this section shall be so transferred to the Minister.
3
Before the Minister —
a
makes an order under subsection (1)(b) of this section, or
b
comes to a decision on an application made by the smallholdings authority for the revocation of such an order relating to the authority, where the application is made not earlier than twelve months after the making of the order and (if one or more previous applications for the revocation of the order have been made) not earlier than twelve months after the last such application was made,
he shall give to the smallholdings authority an opportunity of making representations to him, and shall take into consideration any representations made by the authority, and, if the authority so require, shall afford to them an opportunity of being heard by a person appointed by the Minister for the purpose.
4
The performance by the Minister of any functions transferred to him by an order in accordance with subsection (1)(b) of this section shall have effect as if he were an agent of the smallholdings authority duly authorised to perform them ; but —
a
any expenses incurred by the Minister in the performance of those functions shall be defrayed in the first instance by the Minister, and
b
the Minister shall certify, in respect of such successive periods as he may determine, the amount of the expenses so incurred in each such period and the amount of any receipts of the Minister in each such period from the performance of those functions, and the difference between those amounts, as certified by the Minister, shall be recoverable by him from the smallholdings authority or payable by him to the authority, as the case may require.
5
Where any functions of a smallholdings authority have been transferred by an order in accordance with subsection (1)(b) of this section, and any property has been acquired or any liabilities have been incurred in the performance of those functions while so transferred, any order varying or revoking that order may contain such provisions with respect to the transfer, vesting or discharge of any such property or liabilities as appear to the Minister to be expedient in the circumstances.
6
The power conferred on the Minister by subsection (1)(a) of this section shall have effect without prejudice to the exercise of any other power of the Minister to give directions under this Part of this Act.
7
Section 104 of the Agriculture Act 1947 (provisions as to representations), any regulations for the time being in force under that section, and section 107 of that Act (service of notices) in its application to notices under that section, shall (with the necessary modifications) have effect in relation to subsection (3) of this section as they have effect in relation to enactments contained in that Act.
General and supplementary provisions
County borough councils
57
1
On the application of any county borough council who are not for the time being a smallholdings authority, the Minister may direct that the council shall be a smallholdings authority.
2
Where a county borough council are a smallholdings authority, whether by virtue of a direction under subsection (1) of this section or otherwise, then, if at any time no land is held by that council for the purposes of smallholdings, the Minister may direct that the council shall cease to be a smallholdings authority.
Accounts and records of smallholdings authorities
58
1
A smallholdings authority shall keep a separate account of their receipts and expenses (including capital receipts and expenses) with respect to smallholdings.
2
Every smallholdings authority shall compile and keep, and, if so required at any time by a person authorised by the Minister in that behalf, shall produce to him —
a
a record of all land which is or has at any time been held by the authority for the purposes of smallholdings, of the persons in occupation of such of that land as is for the time being let by the authority as smallholdings and of the rents at which it is let to them, and of the purchasers of so much of that land as has been sold by the authority, and
b
a map or plan showing the size, boundaries and situation of each smallholding provided by the authority.
Annual reports
59
1
Every smallholdings authority shall, before such date in each year as the Minister may direct, send to the Minister a report, relating to such matters as the Minister may direct, of the proceedings of the authority during the preceding financial year.
2
The Ministers shall lay before Parliament a report in respect of each financial year, summarising for that year the proceedings of smallholdings authorities and the proceedings of the Minister, and of the Ministers acting jointly, in relation to smallholdings.
Cottage holdings
60
1
No land shall after the commencement of this Part of this Act —
a
be sold by a county council, a county borough council or the Greater London Council as a cottage holding, or
b
be let by such a council as a cottage holding by a letting effected after the commencement of this Part of this Act, whether the land was previously so let or not, or
c
be acquired (whether by way of purchase or lease) by such a council for the purpose of being sold or let as a cottage holding.
2
The provisions of section 52(2) of this Act shall have effect in relation to land which immediately before the commencement of this Part of this Act is held by any such council for the purposes of cottage holdings as they have effect in relation to land then held by a smallholdings authority for the purposes of smallholdings, as if in those provisions —
a
any reference to a smallholdings authority were a reference to such a council, and
b
the reference to section 2 of the Small Holdings and Allotments Act 1926 included a reference to that section as applied to cottage holdings by section 12 of that Act or by section 12 of the Agricultural Land (Utilisation) Act 1931.
3
Any regulations made by the Ministers in the exercise of the powers conferred by section 52(2) of this Act as applied by subsection (2) of this section may revoke any regulations for the time being in force under section 2 of the Small Holdings and Allotments Act 1926 in their application to cottage holdings.
4
Where any regulations exercise the power of revocation conferred by subsection (3) of this section, the regulations may contain such transitional provisions with respect to matters in progress under the regulations so revoked as the Ministers may consider appropriate having regard to the provisions of sections 52(2) and 62 of this Act.
Special classes of land
61
1
Land forming part of the possessions of the Duchy of Lancaster or of the Duchy of Cornwall may be leased to a smallholdings authority or to the Minister for the purposes of smallholdings for a term not exceeding 35 years, with or without a right of renewal for a further term not exceeding 35 years.
2
The powers of leasing conferred by subsection (1) of this section shall be exercisable —
a
in the case of land forming part of the possessions of the Duchy of Lancaster, by the Chancellor and Council of the Duchy by deed under the seal of the Duchy in the name of Her Majesty, Her heirs and successors, and
b
in the case of land forming part of the possessions of the Duchy of Cornwall, by the Duke of Cornwall or such other persons as for the time being have power to dispose of land belonging to the Duchy.
3
In the case of glebe land —
a
the like powers of leasing may be exercised by the incumbent of the ecclesiastical benefice to which the land belongs, but shall not be so exercised except with the consent of the Church Commissioners;
b
the consent of any person, other than the Church Com missioners, shall not be required to enable the land to be sold to a smallholdings authority or to the Minister for the purposes of smallholdings.
4
Where any glebe land has, whether before or after the commencement of this Part of this Act, been leased to a smallholdings authority or to the Minister for the purposes of smallholdings —
a
the provisions of the Ecclesiastical Dilapidations Measures 1923 to 1951, or of any other enactment or Measure relating to dilapidations of ecclesiastical property which is for the time being in force, shall not have effect in relation to buildings on that land during the tenancy of the smallholdings authority or of the Minister, and
b
at any time within twelve months from the date on which possession of the land is delivered up by the smallholdings authority or the Minister at the end of the tenancy the incumbent of the ecclesiastical benefice to which the land belongs may apply to the Church Commissioners for their consent to the removal of any buildings which have been erected on the land for the purpose of adapting it to the purposes of smallholdings.
5
Where an application is made to the Church Commissioners under subsection (4)(b) of this section, and it is proved to the satisfaction of the Commissioners that any buildings to which the application relates are useless, and that it is to the interest of the benefice that they should be removed, the incumbent may, with the consent of the Commissioners, and subject to such directions as they may give, pull down those buildings and dispose of the materials from them, and any proceeds shall be paid to the Commissioners to be applied by them to the improvement of the benefice in such manner as the Commissioners may direct.
6
Where, in any case not falling within any of the preceding subsections, a person, by virtue of the Settled Land Act 1925, the Universities and College Estates Act 1925 or any other enactment, has power, whether subject to any consent or conditions or not, to lease any land for agricultural purposes for a term not exceeding that specified in the enactment, he shall (without prejudice to that power) have power by virtue of this subsection, subject to the like consent and conditions (if any), to lease the land to a smallholdings authority or to the Minister for the purposes of smallholdings for a term not exceeding 35 years, with or without a right of renewal for a further term not exceeding 35 years.
Provisions as to Wales (including Monmouthshire)
62
1
Where by or under any provision to which this section applies (including any enactment as applied by such a provision) anything is authorised or required to be done —
a
by the Minister in relation to the council of a county or county borough in Wales, or
b
by such a council in relation to the Minister,
whether (in either case) the council fall within that provision in their capacity as a smallholdings authority or otherwise, any reference in that provision to the Minister shall, for the purposes of the application of that provision in relation to that council, be construed as a reference to the Ministers.
2
This section applies to the following provisions, that is to say —
a
all the provisions of this Part of this Act except sections 37, 52(1), 54, 55, 56(2) and (4), 59(2) and 61 and Schedule 3 ;
b
section 2(7) and the proviso to section 6(1) of the Small Holdings and Allotments Act 1926, as those provisions have effect (in relation to certain matters in existence before 1st October 1949) by virtue of paragraph (a) of the proviso to section 67(2) of the Agriculture Act 1947; and
c
the provisions of the Small Holdings and Allotments Acts 1908 to 1926, as applied to cottage holdings by section 12 of the Agricultural Land (Utilisation) Act 1931, with the exception of section 2(2) of the Small Holdings and Allotments Act 1926 as so applied.
3
In this section any reference to Wales includes Monmouthshire.
Provisions as to regulations
63
1
The Ministers shall have power to make regulations for any purpose for which regulations are authorised or required to be made under this Part of this Act; and any such regulations may make different provision for different ciroumstances.
2
Any power to make regulations under this Part of this Act shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Transitional provisions and amendments
64
1
The transitional provisions contained in Schedule 3 to this Act shall have effect.
2
Subject to those provisions, the enactments specified in Schedule 4 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential upon the preceding provisions of this Part of this Act.
Commencement and extent of Part III
65
1
This Part of this Act shall come into operation on such day as the Ministers may by order made by statutory instrument appoint, and different days may be so appointed for different provisions of this Part of this Act or for different purposes ; and any reference in any provision of this Part of this Act to the commencement of this Part of this Act shall be construed as a reference to the day so appointed for the coming into operation of that provision; and for the purposes of this subsection Part III of Schedule 5 to this Act shall be deemed to be included in this Part of this Act.
2
This Part of this Act extends to England and Wales only.
PART IV
Fertilisers and Feeding Stuffs
Preliminary
Interpretation of Part IV
66
1
In this Part of this Act —
" agricultural analyst " means an agricultural analyst appointed under section 67 of this Act and, unless the context otherwise requires, includes a deputy agricultural analyst so appointed for the same area;
" analysis " includes any process for determining any fact as to the nature, substance or quality of any material;
" animal " includes any bird, insect or fish;
" enforcement authority " has the meaning assigned by section 67(3) of this Act;
" feeding stuff " means feeding stuff for such descriptions of animals as may be prescribed, being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land ;
" fertiliser " means a fertiliser used for the cultivation of crops or plants of any description, including trees ;
" fish " includes shellfish ;
" inspector " means an inspector appointed under section 67 of this Act;
" the Minister " means, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State;
" the Ministers " means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
" prescribed " means prescribed by regulations;
" prescribed metric substitution ", in relation to a quantity specified in any provision of this Part of this Act in terms of tons, pounds, or gallons, means any quantity expressed in terms of metric units of measurement which regulations may direct to be substituted in that provision, either generally or in prescribed circumstances, for the quantity so specified, being a quantity so expressed appearing to the Ministers appropriate to be so substituted having regard to the convenience of persons likely to be affected and with a view to the effective execution of this Part of this Act;
" regulations " means regulations made as provided in section 84 of this Act;
" sampled portion ", in relation to any material, means a prescribed amount of that material from which a sample has been taken by an inspector in the prescribed manner, being an amount —
consisting either —
entirely of material packed in one or more containers; or
entirely of material not so packed ; and
not exceeding, in the case of an amount consisting of material so packed, the requisite quantity, that is to say, five tons or 1,000 gallons or the prescribed metric substitution, except where —
it consists of material packed in a single container; or
it consists of material packed in two or more containers each of which holds less than the requisite quantity, in which case the prescribed amount may be the contents of the lowest number of those containers which together hold the requisite quantity ;
" statutory statement " has the meaning assigned by section 68(1) of this Act.
2
For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.
3
Any material consigned to a purchaser shall not for the purposes of this Part of this Act be deemed to be delivered to him until it arrives at the place to which it is consigned whether the consignment is by direction of the seller or the purchaser.
4
Where any material is delivered to a purchaser in two or more consignments this Part of this Act shall apply separately to each consignment.
5
Tor the purposes of this Part of this Act, the appropriation of any material by one person for use —
a
in the performance for hire or reward of services to another person in pursuance of a contract in that behalf, or
b
under arrangements with another person not constituting a sale of the material to that other person, being arrangements which are intended to benefit both the person appropriating the material and that other person but under which the probability or extent of any benefit to that other person may be affected by the quality of the material,
shall be treated as a sale of that material to that other person by the person so appropriating it, and references to sale or purchase and cognate expressions shall be construed accordingly.
Enforcement authorities and appointment of inspectors and analysts
67
1
In England and Wales it shall be the duty of the council of a county, county borough or London borough and of the Common Council of the City of London to enforce this Part of this Act within their respective areas; and the health authority of the Port of London shall have the like duty as respects the district of the Port of London, which shall accordingly be treated for the purposes of this subsection as not forming part of the area of any of those councils.
2
In Scotland it shall be the duty of the town council as respects a large burgh within the meaning of the Local Government (Scotland) Act 1947, and the county council as respects a county inclusive of any burgh other than as aforesaid, to enforce this Part of this Act within their respective areas.
3
For the purpose of performing their duty under the foregoing provisions of this section each of the bodies there mentioned (in this Part of this Act referred to as an enforcement authority) shall appoint —
a
such inspectors as may be necessary; and
b
an agricultural analyst and, if they think fit, one or more deputy agricultural analysts.
4
An inspector shall not exercise his powers under this Part of this Act in respect of any premises outside the area for which he is appointed except with the consent of the enforcement authority for the area in which those premises are situated.
5
A person shall not be appointed as agricultural analyst or deputy agricultural analyst unless he has the prescribed qualifications.
6
A person may be appointed as an inspector or as agricultural analyst or deputy agricultural analyst for the areas of two or more enforcement authorities by those authorities acting jointly.
7
Each enforcement authority shall, whenever the Minister so directs, make to him a report on the exercise of their functions under this Part of this Act in such form and containing such particulars as he may direct, and the agricultural analyst for the area of the authority shall furnish to the authority such information as may be necessary for the report.
8
If the Minister is of opinion that this Part of this Act has been insufficiently enforced in the area of any enforcement authority he may himself appoint one or more inspectors to exercise in that area the powers exercisable by inspectors appointed by the authority; and any expenses certified by him as having been incurred by him under this subsection in respect of that area shall be repaid to him, on demand, by the authority in question.
9
Nothing in this section shall be taken as authorising an enforcement authority in Scotland to institute proceedings for an offence.
Obligations relating to material sold and prepared for sale
Duty of seller to give statutory statement
68
1
Subject to the provisions of this section, a person who sells material of a prescribed description for use as a fertiliser or feeding stuff shall give to the purchaser a statement in writing (in this Part of this Act referred to as a statutory statement) in such form, if any, as may be prescribed containing —
a
such particulars as may be prescribed of the nature, substance or quality of the material; and
b
such information or instructions as to the storage, handling or use of the material as may be prescribed.
2
Subsection (1) of this section shall not apply —
a
to sales of two or more materials which are mixed at the request of the purchaser before delivery to him; or
b
to sales of small quantities (that is to say, sales in quantities of not more than fifty-six pounds or the prescribed metric substitution) if the material sold is taken in the presence of the purchaser from a parcel bearing a conspicuous label on which are marked in the prescribed manner the matters which would, apart from this subsection, be required to be contained in a statutory statement on the sale of the material.
3
Any statutory statement required to be given on the sale of any material shall be given not later than the time when the material is delivered to the purchaser and, if given before that time, shall be deemed to have been given at that time; but regulations may permit the statutory statement to be given later in such cases and subject to compliance with such conditions, if any, as may be specified in the regulations.
4
Any person who —
a
fails to give a statutory statement within the time or in the form required by or under this section, or gives a statutory statement which does not contain all or any of the information or instructions required to be contained in it by virtue of subsection (1)(b) of this section; or
b
gives a statutory statement which, as respects a sampled portion of the material —
i
does not contain all or any of the particulars required to be contained in the statement by virtue of subsection (1)(a) of this section; or
ii
contains any such particulars which are false to the prejudice of a purchaser; or
c
sells or exposes for sale material from a parcel purporting to be labelled as mentioned in subsection (2)(b) of this section in a case where the label does not contain all or any of the said particulars or contains any such particulars which are false as aforesaid,
shall be liable on summary conviction to a fine not exceeding £400 or, on a second or subsequent conviction under this subsection, to a fine not exceeding £400 or imprisonment for a term not exceeding three months or both.
5
In proceedings for an offence under paragraph (b) of subsection (4) of this section the fact that any particulars ought to have been included or are false shall be proved by evidence of the result of an analysis of the sample taken from the portion in question ; and in proceedings for an offence under paragraph (c) of that subsection the fact that any particulars ought to have been included or are false shall be proved by evidence of the result of an analysis of a sample taken by an inspector in the prescribed manner from the material sold or, where the alleged offence is exposing for sale, from the parcel bearing the label.
6
Failure to comply with this section shall not invalidate a contract of sale ; and a statutory statement shall, notwithstanding any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of that warranty.
Marking of material prepared for sale
69
1
Subject to the provisions of this section, a person who has material of a prescribed description on his premises for the purpose of selling it in the course of trade for use as a fertiliser or feeding stuff shall —
a
as soon as practicable after it is made ready for sale, or
b
if it is ready for sale when it comes on to the premises and is not then already marked as required by this section, as soon as practicable after it comes on to the premises,
and in either case before it is removed from the premises, mark it in such manner, if any, as may be prescribed with the matters required to be contained in a statutory statement relating to that material, and shall secure that the material continues to be so marked until it leaves the premises.
2
For the purposes of the foregoing subsection material which is normally packed before being delivered to a purchaser shall not be treated as ready for sale until it is so packed if the packing takes place on the premises where the material is manufactured but, if the packing takes place elsewhere, shall be treated as ready for sale when it is ready for packing.
3
In the case of material which has been imported, subsections (1) and (2) of this section shall have effect subject to such modifications as may be prescribed.
4
Where, at a time when subsection (1) of this section applies to any person, that person has on his premises for the purpose of selling it as mentioned in that subsection any material to which that subsection applies which is ready for sale and which —
a
is not marked in the manner required by or under this section; or
b
is not marked with all the information or instructions referred to in section 68(1)(b) of this Act with which it is required by this section to be marked; or
c
is marked with a mark which, as respects a sampled portion of the material —
i
does not contain all the particulars referred to in section 68(1)(a) of this Act with which the material is required by this section to be marked; or
ii
contains any such particulars which are false to the prejudice of a purchaser,
that person shall be liable on summary conviction to a fine not exceeding £400, or, on a second or subsequent conviction under this subsection, to a fine not exceeding £400 or imprisonment for a term not exceeding three months or both ; but, except where the time in question is the time of the removal of the material from the premises, it shall be a defence for a person charged with an offence under this subsection to show that it was not practicable for the material to be marked in accordance with the requirements of this section by the time in question.
5
In proceedings for an offence under subsection (4)(c) of this section the fact that any particulars ought to have been included or are false shall be proved by evidence of the result of an analysis of the sample taken from the portion in question.
6
Regulations may provide for enabling the matters required by this section to be marked on any material to be denoted by a mark whose meaning can be ascertained by reference to a register kept in such manner and form as may be specified in the regulations ; and any material marked in accordance with the regulations shall be treated for the purposes of this Part of this Act as marked with the matters which the mark denotes.
7
A person keeping a register pursuant to regulations under subsection (6) of this section shall preserve the register for such period as may be prescribed and a person who has such a register in his possession or under his control shall on demand by an inspector produce it for his inspection and allow him to take copies of it; and any person who fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding £50.
Use of names or expressions with prescribed meanings
70
1
Subject to the provisions of this section, where a person sells for use as a fertiliser or feeding stuff any material —
a
which he describes, in a statutory statement or any document given by him to the purchaser in connection with the sale, by a name or expression to which a meaning has been assigned by regulations made for the purposes of this section; or
b
which is marked with such a name or expression as aforesaid,
there shall, notwithstanding any contract or notice to the contrary, be implied a warranty by the seller that the material accords with that meaning; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of that warranty.
2
Subject to the provisions of this section, where a person —
a
sells for use as a fertiliser or feeding stuff any material —
i
which he describes, in such a statement or document as is mentioned in subsection (1) of this section, by such a name or expression as is there mentioned ; or
ii
which is marked with such a name or expression as aforesaid; or
b
has on his premises for the purpose of selling it in the course of trade for such use any material which is ready for sale and marked as aforesaid,
then, if a sampled portion of the material fails, to the prejudice of a purchaser, to accord with the meaning which has been assigned to that name or expression, he shall be liable on summary conviction to a fine not exceeding £400 or, on a second or subsequent conviction under this subsection, to a fine not exceeding £400 or imprisonment for a term not exceeding three months or both.
3
In the case of any material which has been imported subsections (1) and (2) of this section shall have effect subject to such modifications as may be prescribed.
4
In proceedings for an offence under subsection (2) of this section the fact that a sampled portion of any material fails to accord with the meaning in question shall be proved by evidence of the result of an analysis of the sample taken from that portion.
5
For the purposes of this section material shall be treated as marked whether the mark is on the material itself, on a label attached to the material, on a package or container enclosing the material or, in a case within subsection (2)(b) of this section, in such a place on the premises in question that it is likely to be taken as referring to the material.
Particulars to be given of certain attributes if claimed to be present
71
1
A person shall not —
a
sell for use as a fertiliser or feeding stuff any material —
i
which he describes, in a statutory statement or any document given by him to the purchaser in connection with the sale, as having any attribute prescribed for the purposes of this section (not being an attribute of which particulars are required to be contained in the statutory statement); or
ii
which is marked with a statement that it has any such attribute ; or
b
have on his premises for the purpose of selling it in the course of trade for such use any material which is ready for sale and marked as aforesaid,
unless the statement, document or mark, as the case may be, also states such particulars of that attribute as may be prescribed.
2
Any person who —
a
fails to comply with subsection (1) of this section; or
b
in purported compliance with that subsection describes or marks any material with particulars which, as respects a sampled portion of that material, are false to the prejudice of a purchaser,
shall be liable on summary conviction to a fine not exceeding £400 or, on a second or subsequent conviction under this subsection, to a fine not exceeding £400 or imprisonment for a term not exceeding three months or both.
3
In proceedings for an offence under subsection (2)(b) of this section the fact that any particulars are false as respects a sampled portion of any material shall be proved by evidence of the result of an analysis of the sample taken from that portion.
4
Failure to comply with subsection (1) of this section shall not invalidate a contract of sale ; and on the sale of any material in relation to which particulars are or purport to be stated as required by that subsection there shall, notwithstanding any contract or notice to the contrary, be implied a warranty by the seller that the particulars are correct; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of that warranty.
5
For the purposes of this section material shall be treated as marked whether the mark is on the material itself, on a label attached to the material, on a package or container enclosing the material or, in a case within subsection (1)(b) of this section, in such a place on the premises in question that it is likely to be taken as referring to the material.
Warranty of fitness of feeding stuff
72
1
On the sale of any material for use as a feeding stuff there shall be implied a warranty by the seller that the material is suitable to be used as such ; but —
a
if the material is sold as suitable only for animals of a particular description, no warranty shall be implied by virtue of this subsection that the material is suitable for other animals; and
b
if the material is sold to be used as a feeding stuff only after being mixed with something else, no warranty shall be implied as aforesaid that the material is suitable to be so used without being so mixed.
2
On the sale of any material of a prescribed description for use as a feeding stuff there shall be implied a warranty by the seller that the material does not, except as stated in the statutory statement, contain any ingredient prescribed for the purposes of this subsection.
3
This section shall have effect notwithstanding any contract or notice to the contrary ; but in Scotland a contract of sale may not be treated as repudiated by reason only of a breach of such a warranty as is referred to in subsection (1) or (2) of this section.
Deleterious ingredients in feeding stuff
73
1
Subject to the provisions of this section, any person who —
a
sells any material for use as a feeding stuff; or
b
has on his premises for the purpose of selling it in the course of trade for such use any material which is ready for sale,
shall be guilty of an offence if a sampled portion of the material is shown by an analysis of the sample taken from it to contain any ingredient which is deleterious to animals of any description prescribed for the purpose of the definition of " feeding stuff " in section 66(1) of this Act.
2
If in proceedings for an offence under subsection (1) of this section, the person charged proves that he sold the material in question, or, in a case under paragraph (b) of that subsection, that he intended to sell it —
a
as suitable only for animals of a particular description ; or
b
for use in accordance with written instructions given by him to the purchaser,
he shall not be convicted by reason of the fact that the sampled portion of the material contains an ingredient which is deleterious only to other animals or, as the case may be, only if used otherwise than in accordance with those instructions.
3
For the purposes of this section it shall be presumed, until the contrary is proved —
a
that any substance prescribed for the purposes of this subsection, or
b
in such cases as may be so prescribed, that any substance so prescribed if present in a sampled portion of any material to an amount exceeding such quantity as may be so prescribed,
is an ingredient which is deleterious to animals of any such description as aforesaid in relation to which that substance is so prescribed.
4
A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding £400 or, on a second or subsequent conviction under that subsection, to a fine not exceeding £400 or imprisonment for a term not exceeding three months or both.
Limits of variation
74
1
No action shall lie on any warranty arising under the foregoing provisions of this Part of this Act for any misstatement as to the nature, substance or quality of any material if the misstatement does not exceed any limits of variation prescribed in relation thereto for the purposes of this section; but if the misstatement exceeds any such limits the purchaser's rights under the warranty shall not be affected by the limits.
2
Particulars with respect to any material which are contained in a statutory statement or in any document, or which are marked on, or denoted by a mark on, the material, shall not for the purposes of this Part of this Act be treated as false by reason of any misstatement therein as to the nature, substance or quality of the material if the misstatement does not exceed the said limits of variation.
Sampling and analysis
Purchaser's right to have sample taken and analysed
75
1
Subject to the provisions of this section, the purchaser of any material which was sold to him for use as a fertiliser or feeding stuff and in respect of which a warranty was given, or is treated by virtue of this Part of this Act as having been given, by the seller shall be entitled to have a sample of the material taken in the prescribed manner by an inspector and analysed by the agricultural analyst for the inspector's area.
2
A purchaser of any material who requests a sample of it to be taken under this section shall, if so required by the inspector —
a
tell him the name and address of the seller ; and
b
furnish him with, or with a copy of, any statutory statement or document containing or giving rise to the warranty relating to the material and, in the case of a warranty which by virtue of section 70(1) or 71(4) of this Act is implied by reason of the material being marked as mentioned in paragraph (b) of the said section 70(1) or subsection (1)(a)(ii) of the said section 71, of the matters stated by the mark in question.
3
No sample of any material shall be taken under this section —
a
where the warranty is contained in or arises from a statutory statement or document, after the expiration of six months from the delivery of the material to the purchaser or the receipt by him of the statutory statement or document, whichever is the later;
b
in any other case, after the expiration of six months from the delivery of the material to the purchaser.
4
Any request for a sample to be taken and analysed under this section shall be accompanied by such fee as may be fixed by the enforcement authority whose inspector is to take the sample; and different fees may be fixed for different materials and for different analyses of the same material.
Inspector's power to enter premises and take samples
76
1
An inspector may at all reasonable times enter —
a
any premises on which he has reasonable cause to believe that there is any fertiliser or feeding stuff which is kept there for the purpose of being sold in the course of trade and is ready for sale ;
b
any premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that there is any fertiliser or feeding stuff which the occupier of the premises has purchased;
and the inspector may take a sample in the prescribed manner on those premises of any material on the premises (including any material in a vehicle) which he has reasonable cause to believe to be such a fertiliser or feeding stuff as aforesaid.
2
An inspector may require a person who has purchased any fertiliser or feeding stuff —
a
to tell him the name and address of the seller; and
b
to produce, and allow him to take copies of —
i
any statutory statement received from the seller;
ii
where the fertiliser or feeding stuff was described or marked as mentioned in section 70(1) or 71(1) of this Act, the document or mark in question ;
and any person who without reasonable excuse fails to comply with such a requirement shall be liable on summary conviction to a fine not exceeding £50.
3
An inspector entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him to be necessary.
4
Without prejudice to his powers and duties as to the taking of samples in the prescribed manner, an inspector may for the purposes of this Part of this Act take a sample in a manner other than that prescribed of any material which has been sold for use as a fertiliser or feeding stuff or which he has reasonable cause to believe to be intended for sale as such.
5
Where for the purpose of taking a sample of any material an inspector takes some of it from each of one or more parcels of the material which are exposed for sale by retail and none of which weighs more than fourteen pounds or the prescribed metric substitution the owner of the parcel or parcels may require the inspector to purchase the parcel or parcels on behalf of the authority for whom he acts.
Division of samples and analysis by agricultural analyst
77
1
Where a sample has been taken by an inspector in the prescribed manner, then, subject to subsection (2) of this section, he shall divide it into three parts of as near as may be equal size and cause each part to be marked, sealed and fastened up in the prescribed manner ; and the inspector —
a
shall send one part to the agricultural analyst for the inspector's area;
b
shall send another part —
i
where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;
ii
in any other case, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent and otherwise to the person on whose premises the sample was taken; and
c
subject to section 78 of this Act, shall retain the remaining part for nine months.
2
If the person who manufactured any material of which an inspector has taken a sample in the prescribed manner is not a person to whom a part of the sample is required to be sent under subsection (1) of this section, that subsection shall have effect as if for the reference to three parts there were substituted a reference to four parts, and the inspector shall send the fourth part to the manufacturer unless he does not know the manufacturer's name, or any address of the manufacturer in the United Kingdom, and is unable after making reasonable inquiries to ascertain that name, or, as the case may be, any such address before the expiration of fourteen days from the date when the sample was taken.
3
There shall be sent with the part of a sample sent to the agricultural analyst —
a
a statement signed by the inspector that the sample was taken in the prescribed manner;
b
a copy of any statutory statement relating to the material sampled, a copy of any matters with which that material had been marked pursuant to this Part of this Act and, where the material sampled was described or marked as mentioned in section 70(1) or 71(1) of this Act, a copy of the document or the matters stated by the mark in question.
4
The agricultural analyst shall analyse the part of a sample which is sent to him under subsection (1)(a) of this section in such manner, if any, as may be prescribed and send a certificate of analysis in the prescribed form to the inspector who shall send a copy of it —
a
where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the purchaser and to the seller or his agent;
b
in any other case, to the person to whom a part of the sample has been sent under subsection (1)(b)(ii) of this section;
and, in either case, to any person to whom he has sent a part of the sample under subsection (2) of this section.
5
If the agricultural analyst to whom a sample is sent for analysis determines that for any reason an effective analysis of the sample cannot be made by him or under his direction he shall send it to the agricultural analyst for another area together with any documents received by him with the sample; and thereupon the foregoing provisions of this section shall apply as if that other analyst were the agricultural analyst for the inspector's area and the sample had originally been sent to him.
Further analysis by Government Chemist
78
1
Where a sample of any material has been taken pursuant to the request of a purchaser under section 75 of this Act, any of the following persons, that is to say, the purchaser, the person who sold the material to him and any other person against whom a cause of action may lie in respect of the sale of that material, shall be entitled to require the inspector —
a
to send the part retained by the inspector under section 77(1)(c) of this Act (hereafter in this section referred to as " the remaining part") for analysis to the Government Chemist;
b
to supply the person making the request with a copy of the Government Chemist's certificate of analysis of that remaining part, whether that part was sent to the Government Chemist for analysis in pursuance of the request of that person or otherwise.
2
Where a sample of any material has been taken by an inspector in the prescribed manner and it is intended to institute proceedings against any person for an offence under this Part of this Act and to adduce on behalf of the prosecution evidence of the result of an analysis of the sample —
a
the prosecutor, if a person other than the inspector, shall be entitled to require the inspector —
i
to send the remaining part of the sample for analysis to the Government Chemist;
ii
to supply the prosecutor with a copy of the Government Chemist's certificate of analysis of that remaining part, whether that part was sent to the Government Chemist for analysis in pursuance of the request of the prosecutor or otherwise ;
b
the inspector, if he is the prosecutor, shall be entitled himself so to send that remaining part.
3
Where a prosecutor avails himself of his rights under subsection (2) of this section he shall cause to be served with the summons a copy of the agricultural analyst's certificate of analysis and a copy of the Government Chemist's certificate of analysis; and where a prosecutor does not avail himself of his rights under that subsection he shall, not less than fourteen days before the service of the summons, cause to be served on the person charged a copy of the agricultural analyst's certificate of analysis and a notice of intended prosecution, and if, within the period of fourteen days beginning with the service of the notice, that person sends the prosecutor a written request to that effect accompanied by the amount of the fee payable by the prosecutor for the purpose under subsection (8) of this section (which shall be refunded to that person by the prosecutor if the prosecution is not brought) the prosecutor shall exercise his rights under subsection (2) of this section and the proceedings shall not be instituted until he has sent that person a copy of the Government Chemist's certificate of analysis.
4
Where proceedings are brought against any person for an offence under this Part of this Act and evidence is given or sought to be given of the result of an analysis of a sample of any material taken by an inspector in the prescribed manner but it appears that the sample has not been analysed by the Government Chemist, the court may, of its own motion or on the application of either party, order the remaining part of the sample to be sent for analysis to the Government Chemist.
5
Where under this section a part of a sample is sent for analysis to the Government Chemist there shall be sent with it —
a
a copy of any document which was sent with the part of the sample sent to the agricultural analyst; and
b
if the part is sent to the Government Chemist under subsection (2) or (4) of this section, a statement of the particulars on which the proceedings or intended proceedings are based.
6
The Government Chemist shall analyse in such manner, if any, as may be prescribed any part of a sample sent to him under this section but, where the part is accompanied by a statement such as is mentioned in subsection (5)(b) of this section, the analysis shall be made only with respect to the particulars in the statement unless the person or court requesting or ordering the analysis requires it to extend also to other matters.
7
A certificate of any analysis under this section shall be sent by the Government Chemist —
a
if the material analysed was sent to him in pursuance of subsection (1) or (2) of this section, to the inspector
b
if it was sent to him in pursuance of an order of the court under subsection (4) of this section, to the court.
8
A request for an analysis under subsection (1) or (2) of this section shall be of no effect unless accompanied by the appropriate fee ; and the appropriate fee for any analysis ordered by the court under subsection (4) of this section shall be paid by such party to the proceedings as the court may direct.
9
In the application of this section to Scotland —
a
for any reference to the court there shall be substituted a reference to the sheriff;
b
in subsection (2), in paragraph (a) the words "if a person other than the inspector" and paragraph (b) shall be omitted;
c
in subsection (3), for any reference to the summons there shall be substituted a reference to the complaint;
d
for subsection (8) there shall be substituted the following subsection —
8
A request for an analysis —
a
under subsection (1) of this section; or
b
under subsection (2) thereof where the request is made at the instance of a person charged with an offence who has received a notice of intended prosecution,
shall be of no effect unless accompanied by the appropriate fee; and the appropriate fee for any analysis ordered by the sheriff under subsection (4) of this section shall be paid by such party to the proceedings as the sheriff may direct.
10
In subsection (8) of this section " the appropriate fee " means such fee as may be fixed by the Minister of Technology with the approval of the Treasury, and different fees may be fixed for different materials and for different analyses of the same material.
Supplementary provisions relating to samples and analysis
79
1
The regulations with respect to the taking of samples ; under this Part of this Act may include provision requiring an inspector who proposes to take such a sample, in such circum-; stances as may be specified in the regulations, to satisfy himself as to such matters affecting the state of the material to be sampled as may be so specified.
2
Regulations may make provision with respect to the handling and storage of the parts into which samples are divided and with respect to the period within which analyses are to be carried out.
3
Where the method of analysis for determining any fact as to the nature, substance or quality of any material is prescribed, any statement of that fact —
a
in a statutory statement or in, or denoted by, a mark applied to any material in pursuance of this Part of this Act; or
b
in any document or in, or denoted by, any mark, being a document or mark which is not a statutory statement but which gives rise to a warranty by virtue of this Part of this Act,
shall be taken to be a statement of that fact as determined by analysis in accordance with the method prescribed.
4
Any analysis required to be made by an agricultural analyst or the Government Chemist may be made by any person acting under his directions.
5
A certificate of analysis by an analyst appointed under section 67(3)(b) of this Act shall be signed by that analyst or another analyst so appointed for the same area, and a certificate of analysis by the Government Chemist shall be signed by him or a person authorised by him to sign the certificate.
6
A certificate of analysis by an agricultural analyst or the Government Chemist shall, in any legal proceedings, be received as evidence of the facts stated therein if the party against whom it is to be given in evidence has been served with a copy of it not less than twenty-one days before the hearing and has not, before the seventh day preceding the hearing, served on the other party a notice requiring the attendance of the person who made the analysis.
7
In any legal proceedings in Scotland, a certificate of analysis received in evidence by virtue of subsection (6) of this section, or, where the attendance of the person who made the analysis is required under that subsection, the evidence of that person, shall be sufficient evidence of the facts stated in the certificate.
8
Any document purporting to be a certificate of the kind mentioned in the foregoing provisions of this section shall be deemed to be such a certificate unless the contrary is proved.
9
Any part of a sample, notice, certificate or other document required to be sent to or served on any person under this section or section 77 or 78 of this Act shall be sent or served in such manner, if any, as may be prescribed.
10
Any person who —
a
tampers with any material so as to procure that any sample of it taken or submitted for analysis under this Part of this Act does not correctly represent the material; or
b
tampers or interferes with any sample taken or sub mitted for analysis under this Part of this Act,
shall be liable on summary conviction to a fine not exceeding £400 or, on a second or subsequent conviction under this subsection, to a fine not exceeding £400 or imprisonment for a term not exceeding three months or both.
Prosecutions under Part IV
Institution of prosecutions
80
1
Without prejudice to any other enactment relating to the place where proceedings may be taken, proceedings for an offence under this Part of this Act may be taken in the place where the person charged resides or carries on business.
2
No proceedings for an offence under any of the following provisions of this Act, namely, sections 68(4)(b) and (c), 69(4)(c), 70(2), 71(2)(b) and 73, shall be instituted by any person other than the Minister unless the prosecutor has given to the Minister a notice of his intention to institute the proceedings, together with a summary of the facts on which the charges are founded, and either a period of twenty-eight days has elapsed since the giving of the notice or the Minister has signified that the proceedings may be instituted before the expiration of that period.
3
A certificate of the Minister that the requirements of subsection (2) of this section have been complied with in relation to any proceedings shall be conclusive evidence that those requirements have been so complied with; and any document purporting to be such a certificate and to be signed on behalf of the Minister shall be deemed to be such a certificate unless the contrary is proved.
4
Subsections (2) and (3) of this section shall not apply to Scotland.
Offences due to fault of other person
81
Where the commission by any person of an offence under this Part of this Act is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.
Defence of mistake, accident, etc.
82
1
In any proceedings for an offence under any of the following provisions of this Act, namely, sections 68(4)(b) and (c), 69(4)(c), 70(2), 71(2)(b) and 73, it shall, subject to subsection (2) of this section, be a defence for the person charged to prove —
a
that the commission of the offence was due to a mistake, or to reliance on information supplied to him, or to the act or default of another person, or to an accident or some other cause beyond his control; and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.
2
If in any case the defence provided by the foregoing subsection involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Supplementary provisions
Exercise of powers by inspectors
83
1
An inspector exercising his powers under this Part of this Act shall, if so required, produce written evidence of his authority.
2
Any person who wilfully obstructs an inspector in the exercise of his powers under this Part of this Act shall be liable on summary conviction to a fine not exceeding £50.
3
Any person who, not being an inspector, purports to act as such under this Part of this Act shall be liable on summary conviction to a fine not exceeding £200 or, on a second or subsequent conviction under this subsection, to a fine not exceeding £200 or imprisonment for a term not exceeding three months or both.
4
Subject to subsection (5) of this section, if any person discloses to any other person —
a
any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of this Part of this Act; or
b
any information obtained by him in pursuance of this Part of this Act,
then, unless the disclosure was made in and for the purpose of the performance by him or any other person of functions under this Part of this Act, he shall be liable on summary conviction to a fine not exceeding £400.
5
Subsection (4) of this section shall not prevent an inspector who has taken a sample of any material under section 76(4) of this Act from disclosing to the manufacturer or to the last seller of the material information as to the place where and the person from whom the sample was taken or from disclosing to that manufacturer or last seller or to any person who had the material on his premises for the purpose of sale information as to the results of any analysis of that sample.
Regulations
84
1
Any regulations authorised to be made under this Part of this Act shall be made by the Ministers after consultation with such persons or organisations as appear to them to represent the interests concerned, and anything which under this Part of this Act is authorised to be prescribed shall be prescribed by regulations made as aforesaid.
2
Any regulations under this Part of this Act shall be made by statutory instrument, and —
a
may make different provision for different circumstances ; and
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Exemption for certain sales
85
This Part of this Act shall not apply —
a
to the sale of any material in the case of which, at the time when apart from section 66(3) of this Act the material would fall to be treated as delivered to the purchaser in pursuance of the contract of sale, the material is not in the United Kingdom or, having been imported, has not been released from customs control;
b
to the sale of any material which is to be delivered to the purchaser outside the United Kingdom;
c
to the sale of any material in the exercise of a statutory power to enforce a right or to satisfy a claim or lien; or
d
where the sale is made by a sheriff, bailiff or other officer to satisfy a writ of execution or warrant or decree of any court, or a distress for rent or warrant of distress.
Modifications of Part IV in application to Northern Ireland
86
1
In its application to Northern Ireland, this Part of this Act shall have effect subject to the modifications specified in the following provisions of this section.
2
In section 66(1) —
a
there shall be inserted the following definition, namely —
' chief agricultural analyst ' means the chief agricultural analyst for Northern Ireland
;
b
the definitions of " enforcement authority", " the Minister " and " the Ministers " shall be omitted.
3
For section 67 there shall be substituted the following —
67
1
The Ministry of Agriculture for Northern Ireland (in this Part of this Act referred to as " the Ministry ") shall enforce the provisions of this Part of this Act.
2
For the purpose of enforcing this Part of this Act the Ministry may appoint such agricultural analysts, deputy agricultural analysts and inspectors as appear to the Ministry to be necessary.
4
In section 76(5), for the words " the authority for whom he acts " there shall be substituted the words " the Ministry ".
5
In sections 75 and 77, for any reference to the agricultural analyst for an inspector's area there shall be substituted a reference to an agricultural analyst in Northern Ireland, and the expression " agricultural analyst " shall not include the chief agricultural analyst.
6
In section 78, for any reference to the Government Chemist there shall be substituted a reference to the chief agricultural analyst; and in subsection (10) of that section for the words " the Minister of Technology with the approval of the Treasury " there shall be substituted the words " the Ministry with the approval of the Ministry of Finance for Northern Ireland ".
7
In section 79, for any reference to the Government Chemist there shall be substituted a reference to the chief agricultural analyst, and in subsection (5) the words " (3)(b) " shall be omitted.
8
In section 80, subsections (2) to (4) shall be omitted.
9
In section 84, for any reference to the Ministers there shall be substituted a reference to the Ministry, and in subsection (2) thereof the words " shall be made by statutory instrument, and " shall be omitted and for paragraph (b) there shall be substituted the following: —
b
shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
10
Section 87(1) shall have effect with the substitution for the word " Ministers " of the word " Ministry " and with the omission of the words " made by statutory instrument ".
Commencement of Part IV, savings and amendments
87
1
This Part of this Act shall come into force on such date as the Ministers may appoint by order made by statutory instrument, and different dates may be appointed for different provisions; and, for the purposes of this subsection, Part V of Schedule 5 to this Act, so far as it relates to the Fertilisers and Feeding Stuffs Act 1926, shall be deemed to be included in this Part of this Act.
2
The appointment of any person under the said Act of 1926 as an inspector, agricultural analyst or deputy agricultural analyst shall continue to have effect as if made under the corresponding provision of this Part of this Act.
3
In section 2(4) of the Trade Descriptions Act 1968 (which contains an exemption for descriptions applied to certain articles in pursuance of the said Act of 1926) for the words " any description applied in pursuance of the Fertilisers and Feeding Stuffs Act 1926 to an article included in the first column of Schedule 1 to that Act" there shall be substituted the words " any statement made in respect of, or mark applied to, any material in pursuance of Part IV of the Agriculture Act 1970, any name or expression to which a meaning has been assigned under section 70 of that Act when applied to any material in the circumstances specified in that section ".
4
In section 90(3) of the Medicines Act 1968 (which contains an exemption for marks and statements made in pursuance of the said Act of 1926) for paragraphs (a) and (b) there shall be substituted the following —
a
of any mark which is made on a container or package in pursuance of Part IV of the Agriculture Act 1970 ; or
b
of any statement which, in pursuance of that Part, is made in any leaflet supplied, or intended to be supplied, with any material.
PART V
Flood Warning Systems in England and Wales
Provision of flood warning systems
88
1
The functions transferred to river authorities by section 5 of the Water Resources Act 1963 (in this Part of this Act referred to as " the Act of 1963 ") shall be deemed always to have included powers for any such authority —
a
to provide and operate a flood warning system for their area;
b
both within and outside their area, to provide, install and maintain apparatus required for the purposes of such a system;
c
to carry out within their area any other engineering or building operations so required; and
d
to adapt for the purposes of such a system any apparatus or works to which a hydrometric scheme made by the authority under section 15 of that Act relates;
and any reference in that Act to the transferred functions of river authorities shall be construed accordingly.
2
Subsection (1) of this section shall have effect in relation to the Isle of Wight River and Water Authority (in this Part of this Act referred to as " the Isle of Wight Authority ") as if in that subsection any reference to a river authority were a reference to the Isle of Wight Authority and any reference to section 5 or section 15 of the Act of 1963 were a reference to that section as applied by section 7 of the Isle of Wight River and Water Authority Act 1964.
3
Subsection (1) of this section shall have effect in relation to the Conservators of the River Thames (in this Part of this Act referred to as " the Conservators ") and to the Lee Conservancy Catchment Board (in this Part of this Act referred to as " the Catchment Board ") as if in that subsection —
a
any reference to the functions transferred to river authorities by section 5 of the Act of 1963 were a reference to the functions exercisable by the Conservators or the Catchment Board, as the case may be, immediately before the second appointed day, and
b
any reference to section 15 of the Act of 1963 were a reference to that section as applied to the Thames catchment area or the Lee catchment area, as the case may be, by an order made under section 125 of that Act.
4
The Greater London Council shall have power —
a
to provide and operate a flood warning system for the London excluded area as defined by paragraph 15(3) of Schedule 14 to the London Government Act 1963 ;
b
both within and outside that area, to provide, install and maintain apparatus required for the purposes of such a system; and
c
to carry out within that area any other engineering or building operations so required;
and section 51 of the Land Drainage Act 1930 and section 40 of the Land Drainage Act 1961 (which relate to powers of entry) and paragraphs 11 to 14 of the said Schedule 14 (which relate to the expenses incurred by the Greater London Council in the discharge of the functions as to land drainage and flood prevention conferred on them by virtue of that Schedule) shall apply —
i
in the case of the said section 51 or 40, in relation to, and to the functions under this subsection of, the Greater London Council as they apply in relation to, and to such functions of, such a council or board as is mentioned in that section, or
ii
in the case of the said paragraphs 11 to 14, in relation to the functions of the Greater London Council under this subsection as they apply in relation to the functions mentioned in those paragraphs.
5
In this Part of this Act "flood warning system" means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to —
a
rainfall, as measured at a particular place within a particular period, or
b
the level or flow of any inland water at a particular time, or
c
other matters appearing to the authority providing the system to be relevant for that purpose,
is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on any such information and for transmitting the results of those calculations.
Grants towards cost of flood warning system
89
1
The Minister of Agriculture, Fisheries and Food (in this Part of this Act referred to as " the Minister") may make grants, of such amounts as the Treasury may from time to time sanction, towards expenditure incurred by relevant authorities at any time on or after 1st January 1969 in —
a
providing or installing apparatus, or carrying out other engineering or building operations, for the purposes of a flood warning system, or
b
adapting for those purposes any apparatus or works to which a hydrometric scheme relates, being a scheme made by the authority in question under section 15 of the Act of 1963, or under that section as applied to any relevant authority as mentioned in subsection (2) or subsection (3) of section 88 of this Act.
2
No grant shall be payable under this section towards expenditure incurred in connection with any work unless the work has been approved by the Minister and the Minister is satisfied that the work is being or has been properly carried out; and grants under this section shall be made subject to such conditions as may be imposed by the Minister with the approval of the Treasury.
3
Where any such expenditure as is mentioned in subsection (1) of this section is about to be incurred by a relevant authority, the Minister may, with the approval of the Treasury, make advances to the authority on account of the expenditure.
4
In this section " relevant authority " means any of the following, that is to say, any river authority, the Isle of Wight Authority, the Conservators, the Catchment Board and the Greater London Council.
Contributions by internal drainage boards
90
1
In subsections (1) and (2) of section 21 of the Land Drainage Act 1930 (which relates to contributions by internal drainage boards), references to the expenses of a river authority shall be deemed always to have included references to expenses in connection with the provision and operation of a flood warning system.
2
Subsection (1) of this section shall have effect for the purposes of the application of those subsections in relation to the expenses of the Isle of Wight Authority, the Conservators and the Catchment Board as it has effect for the purposes of their application in relation to the expenses of a river authority.
Supplementary provision and interpretation and extent of Part V
91
1
Section 71(1) of the Act of 1963 (which limits the operation of powers conferred on river authorities by that Act) shall apply as if section 88 of this Act were a provision of that Act and as if all the bodies on whom powers are conferred by virtue of the said section 88 were river authorities; and nothing in the said section 88 shall authorise any infringement of the exclusive privilege conferred on the Post Office by section 24(1) of the Post Office Act 1969 (telecommunication systems).
2
Before a relevant authority within the meaning of section 89(4) of this Act exercise within the area of another such authority any power conferred on them by section 88(1)(b) or (4)(b) thereof other than the power to maintain apparatus, they shall consult with that other authority; and for the purposes of this subsection the area of the Greater London Council shall be taken to be the London excluded area referred to in section 88(4)(a) of this Act.
3
Section 135(1) of the Act of 1963 (interpretation), except in so far as it defines the expression " the Minister ", shall have effect for the purposes of this Part of this Act as it has effect for the purposes of that Act, but as if in the definition of " inland water " for the words " within any of the river authority areas " wherever they occur there were substituted the words " within Great Britain ".
4
Section 135(2)(b) of the Act of 1963 (whereby, for the purpose of construing references in that Act to the appropriate Minister or Ministers, the Minister of Agriculture, Fisheries and Food is to be taken to be concerned with functions relating to land drainage) shall have effect as if the reference to land drainage included a reference to flood warning systems.
5
Any river authority whose area adjoins Scotland may exercise the powers conferred by section 88(1)(b) or (c) of this Act in an area in Scotland as if that area in Scotland formed part of the authority's area subject (except in the case of the power to maintain apparatus) to prior consultation with the local authority for that area in Scotland within the meaning of section 92 (2)(b) of this Act; but save as aforesaid this Part of this Act extends to England and Wales only.
PART VI
Flood Warning Systems in Scotland
Provision of flood warning systems
92
1
A local authority shall be deemed to have had power on or after 1st January 1969 —
a
to provide and operate a flood warning system for their area; and
b
both within and outwith their area, to provide, install and maintain apparatus and to carry out any engineering or building operations required for the purposes of any such system:
Provided that —
i
before a local authority exercise any of the powers conferred on them by paragraph (b) of this subsection (other than the power to maintain apparatus) in the area of another local authority, they shall consult with that authority;
ii
nothing in this subsection shall authorise any infringement of the exclusive privilege conferred on the Post Office by section 24(1) of the Post Office Act 1969 (telecommunication systems).
2
In this Part of this Act —
a
" flood warning system " means any system whereby, for the purpose of providing warning of any danger of flooding, information with respect to —
i
rainfall, as measured at a particular place within a particular period, or
ii
the level or flow at a particular time of any inland water (whether natural or artificial) or any tidal waters as defined in the Rivers (Prevention of Pollution) (Scotland) Act 1951, or
iii
other matters appearing to the authority providing the system to be relevant for that purpose,
is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on any such information and for transmitting the results of those calculations;
b
" local authority ", and " area " in relation to a local authority, have (subject to section 93(3) of this Act) the meanings assigned to them by section 1 of the Flood Prevention (Scotland) Act 1961.
Combinations of local authorities
93
1
In exercising their powers under this Part of this Act to provide and operate a flood warning system, a local authority may combine with any other local authority, or with two or more other local authorities, so as to benefit both their area and the other area or areas concerned, on such terms and conditions as may be agreed between the local authorities.
2
Subsections (2) to (4) of section 119 of the Local Government (Scotland) Act 1947 (which relates to voluntary combinations of local authorities) shall apply in relation to any such combination as is mentioned in the foregoing subsection as they apply in relation to the combinations mentioned in subsection (1) of the said section 119, and in the said subsections (2) to (4) as so applying any reference to a function of a local authority shall be construed as including a reference to any power or duty of the local authority so far as relating to the flood warning system with which the combination is concerned.
3
In relation to a case where local authorities have combined under this section, any reference in this Part of this Act to a local authority shall (unless the context otherwise requires) be construed as including a reference to the combination of local authorities, and " area " shall be construed accordingly.
Arrangements with other bodies
94
1
In exercising their powers under this Part of this Act to provide a flood warning system, a local authority may enter into an arrangement with any other person to the effect that apparatus belonging to any such person may be incorporated with apparatus belonging to the local authority for the purposes of a flood warning system.
2
A local authority may make a contribution towards any expenses reasonably incurred by any person under the foregoing subsection in the incorporation of their apparatus with the apparatus of the local authority.
Acquisition of land
95
A local authority may be authorised by the Secretary of State to acquire by compulsory purchase any land (whether in their area or not) which they require for the exercise of their powers under this Part of this Act, and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Part of this Act had been in force immediately before the commencement of that Act.
Powers of entry on land
96
1
Subject to the provisions of this section, any person authorised by a local authority shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter on any land (whether in the area of the local authority or not) for the purpose of determining whether, and if so in what manner, any power conferred on the local authority by this Part of this Act is to be exercised.
2
Admission to any land shall not be demanded as of right under this section unless fourteen days notice of the intended entry has been given to the occupier of the land.
3
If on application made to him the sheriff is satisfied —
a
that admission to any land on which any person is entitled to enter under this section has been refused to that person or that refusal is apprehended, or that the land is unoccupied, or that the case is one of urgency,
b
that there is reasonable ground for entry on the land for the purpose for which entry is required, and
c
either that notice of the intention to make the application has been given to the occupier or that it is equitable in the circumstances to dispense with such notice,
the sheriff may by warrant under his hand authorise that person to enter on the land; and any warrant so issued shall be expressed to remain in force for such period only as the sheriff, having regard to all the circumstances of the case, shall fix.
4
If any person wilfully obstructs any other person exercising a right conferred by this section to enter, or do anything, on any land he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £5 in the case of a first conviction or £20 in the case of a second or any subsequent conviction.
Grants towards cost of flood warning system
97
1
The Secretary of State may make grants, of such amounts as the Treasury may from time to time sanction, towards expenditure incurred by a local authority at any time on or after 1st January 1969 —
a
in providing or installing apparatus or carrying out engineering or building operations for the purposes of a flood warning system; or
b
in making an approved contribution under section 94(2) of this Act.
2
No grant shall be payable under this section towards expenditure incurred in connection with any work unless the work has been approved by the Secretary of State and the Secretary of State is satisfied that the work is being or has been properly carried out; and grants under this section shall be made subject to such conditions as may be imposed by the Secretary of State with the approval of the Treasury.
3
In subsection (1) of this section " approved ", in relation to any contribution, means approved for the purposes of this section by the Secretary of State.
Extent of Part VI
98
Any local authority whose area adjoins England may exercise the powers conferred by section 92(1) (b) of this Act in an area in England subject (except in the case of the power to maintain apparatus) to prior consultation with the river authority for that area within the meaning of section 3 of the Water Resources Act 1963 ; but save as aforesaid this Part of this Act extends to Scotland only.
PART VII
Miscellaneous provisions
Agricultural tied cottages
99
1
Section 33 of the Rent Act 1965 (which enables the court to suspend an order for possession of premises occupied by the tenant under a former tenancy within the meaning of Part III of that Act under the terms of his employment as a person employed in agriculture) shall have effect with the amendments specified in the subsequent provisions of this section; but section 36 of that Act (under which the said section 33 binds the Crown) shall not apply to the subsection added to the said section 33 by subsection (4) of this section.
2
After subsection (3) of the said section 33 there shall be inserted the following subsection: —
3A
Where the order for possession is made within the period of six months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the court under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the court shall suspend the execution of the order (on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable) for the remainder of the period of six months aforesaid unless the court —
a
is satisfied either —
i
that other suitable accommodation is, or will within that period be made, available to the occupier ; or
ii
that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or
iii
that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period ; or
iv
that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises ; and
b
considers that it would be reasonable not to suspend the execution of the order for the remainder of that period;
but a decision of the court not to suspend the execution of the order under this subsection shall not prejudice any other power of the court to postpone the operation or suspend the execution of the order for the whole or part of the period of six months aforesaid.
3
In subsection (5) of the said section 33 (which sets out the matters to which the court is to have regard in considering whether or how to exercise its powers under that section) for the words " powers under this section " there shall be substituted the words " powers under subsection (3) of this section ".
4
After subsection (6) of the said section 33 there shall be inserted the following subsection: —
6A
Where, in the case of an order for possession of the premises to which subsection (3A) of this section applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the court that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was —
a
attributable to the provisions of paragraph (a)(ii) of that subsection, and
b
due to misrepresentation or concealment of material facts by the owner of the premises,
the court may order the owner to pay to the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.
Further provisions as to recovery of possession of redundant farmhouses in England and Wales
100
Part II of Schedule 3 to the Rent Act 1968 (cases in which a court in England or Wales must order possession of a dwelling-house subject to a regulated tenancy) shall be amended by adding at the end —
Case 14
Where —
a
the last occupier of the dwelling-house before the relevant date was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the Agriculture Act 1947, and
b
the tenant is neither —
i
a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor
ii
a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture, and
c
the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the Agriculture Act 1967, and
d
not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and
e
the court is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture, and
f
the proceedings for possession are commenced by the landlord before the expiry of five years from the date on which the occupier referred to in paragraph (a) above went out of occupation;
and for the purposes of this Case " employed " and " agriculture " have the same meanings as in the Agricultural Wages Act 1948 and " amalgamation " has the same meaning as in Part II of the Agriculture Act 1967.
Further provisions as to recovery of possession of redundant farmhouses in Scotland
101
1
This section shall have effect where a dwelling-house in Scotland is let on a regulated tenancy and the last occupier of the dwelling-house before the commencement of the regulated tenancy was a person, or the widow of a person, who was at some time during his occupation responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of land which formed, together with the dwelling-house, an agricultural unit within the meaning of the Agriculture (Scotland) Act 1948.
2
If —
a
the conditions mentioned in subsection (3) of this section are satisfied, and
b
apart from the Rent Acts the landlord would be entitled to recover possession of the dwelling-house, and
c
the sheriff is satisfied that the dwelling-house is required for occupation either by a person responsible or to be responsible (whether as owner, tenant, or servant or agent of another) for the control of the farming of any part of the said land or by a person employed or to be employed by the landlord in agriculture,
the sheriff shall make an order for the possession of the dwelling-house whether or not he would have power to do so under section 3 of the Act of 1933, and section 5(2) of the Act of 1920 shall not apply in relation to the order.
3
The said conditions are —
a
that the tenant of the dwelling-house is neither —
i
a person, or the widow of a person, who is or has at any time been responsible for the control of the farming of any part of the said land, nor
ii
a person, or the widow of a person, who is or at any time was employed by the landlord in agriculture ; and
b
that the creation of the tenancy was not preceded by the carrying out in connection with any of the said land of an amalgamation approved for the purposes of a scheme under section 26 of the Agriculture Act 1967; and
c
that not later than the date of commencement of the regulated tenancy, the tenant was given notice in writing that possession might be recovered under this section; and
d
that the proceedings for possession are commenced by the landlord before the expiry of five years from the date on which the occupier referred to in subsection (1) of this section ceased to occupy the dwelling-house.
4
In this section —
" the Rent Acts " means the Rent and Mortgage Interest Restrictions Acts 1920 to 1939, or any of those Acts ;
" the Act of 1920 " and " the Act of 1933 " mean respectively the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 and the Rent and Mortgage Interest Restrictions (Amendment) Act 1933 ;
" employed " and " agriculture " have the same meanings as in the Agricultural Wages (Scotland) Act 1949;
" landlord ", " tenant " and " tenancy " have the same meanings as in the Act of 1920 ;
" regulated tenancy " has the same meaning as in section 1(4) of the Rent Act 1965 ; and
" order for possession " means decree of removing or warrant of ejection or other like order.
Registration of notices relating to conditions applied to Scottish cottages under Hill Farming Act 1946 s. 10
102
1
Where conditions, applicable to a cottage in Scotland by virtue of regulations made under section 10 of the Hill Farming Act 1946, and specified in a notice recorded in the Register of Sasines under section 2(3) of the Hill Farming Act 1954, are amended by subsequent regulations made under the said section 10, the notice shall have effect as if for the conditions specified therein there were substituted the conditions as so amended.
2
The Secretary of State shall record a notice in the Register of Sasines under the said section 2(3) stating that conditions no longer apply to a cottage only where the conditions have ceased to apply to the cottage by virtue of such a payment to the Secretary of State as is referred to in section 10(2) of the said Act of 1946; and accordingly the said section 2(3) shall have effect as if after the words " cease to apply to a cottage " there were inserted the words " by virtue of such a payment to the appropriate Minister as is referred to in section 10(2) of the Hill Farming Act 1946 ".
National Agricultural Advisory Service
103
The Minister of Agriculture, Fisheries and Food may, instead of maintaining the National Agricultural Advisory Service provided for by section 1(1) of the Agriculture (Miscellaneous Provisions) Act 1944, give effect to the purposes for which that Service was established (which relate to the provision of advice and instruction on agricultural matters) through such other organisation as he may consider appropriate; and accordingly, the said section 1(1) shall be amended by substituting, for the words " shall, as from the appointed day, establish and maintain a National Agricultural Advisory Service " , the words " shall make provision through such organisation as he considers appropriate ".
Financing of agricultural training
104
1
Subsections (2) and (3) of this section shall have effect as respects expenses incurred by the Agricultural, Horticultural and Forestry Industry Training Board established under section 1 of the Industrial Training Act 1964 so far as (those expenses are attributable to the exercise of that Board's functions in relation to activities in agriculture within the meaning of section 109(3) of the Agriculture Act 1947 or, as the case may be, section 86(3) of the Agriculture (Scotland) Act 1948 ; and those expenses so far as so attributable are hereafter in this section referred to as " relevant expenses ".
2
Notwithstanding anything in section 4(1) of the said Act of 1964, any money towards meeting any relevant expenses incurred in respect of any period beginning on or after 1st September 1969 which, but for this section, would have fallen to be raised by a levy under that Act shall not be so raised, but —
a
subject to subsection (5) of this section, the Secretary of State for Employment and Productivity shall from time to time certify an amount as being one required by the Board for meeting such expenses other than expenses by way of payment of interest on, or repayment of, any loan, and shall pay the amount so certified to the Board;
b
the said Secretary of State shall also from time to time pay to the Board any amounts paid or payable by them by way of interest on, or repayment of, any loan made to them by a third party so far as so made for the purpose of defraying relevant expenses ; and
c
the Minister of Agriculture, Fisheries and Food shall pay to the said Secretary of State —
i
any amount certified by that Secretary of State under paragraph (a) of this subsection, and
ii
any amounts certified by that Secretary of State either as payable by him by virtue of paragraph (b) of this subsection or as payable to him by way of interest on, or repayment of, any loan made by him so far as so made for the purpose of defraying relevant expenses.
3
In consequence of the provisions of subsection (2) of this section, any proposal by the Board aforesaid under paragraph (b) of section 7(1) of the said Act of 1964 for the raising and collection of a levy shall not be made in relation to any relevant expenses, but the proposals submitted by that Board under paragraph (a) of the said section 7(1) for the exercise of the Board's functions referred to in that paragraph shall include an estimate of any relevant expenses which will be incurred in connection with those proposals.
4
If —
a
the Ministry of Agriculture for Northern Ireland submits to the Ministry of Finance for Northern Ireland proposals for the provision by the said Ministry of Agriculture of training in relation to activities in agriculture within the meaning of section 43(1) of the Agriculture Act (Northern Ireland) 1949 as being training which (after consultation with any organisation or association of organisations appearing to the said Ministry of Agriculture to be representative of substantial numbers of employers engaged in such activities in Northern Ireland and with any organisation or association of organisations so appearing to be representative of substantial numbers of persons employed in such activities in Northern Ireland) the said Ministry of Agriculture considers to be required ; and
b
those proposals include an estimate of the expenditure which will be incurred in giving effect to them; and
c
the said Ministry of Finance approves those proposals with the concurrence of the Ministers,
then, subject to subsection (5) of this section, the Minister of Agriculture, Fisheries and Food shall pay into the Exchequer of Northern Ireland any amount from time to time certified by the said Ministry of Finance with the approval of the Ministers as being required for meeting expenses incurred on or after 1st April 1970 in giving effect to those proposals.
In this subsection " the Ministers " means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales, the Secretary of State for Scotland and the Secretary of State concerned with agriculture in Northern Ireland.
5
In the case of expenses to be incurred after 31st March 1971, any certificate of the Secretary of State under subsection (2)(a) of this section, and any approval of the Ministers under subsection (4) of this section to the certifying of any amount by the Ministry of Finance for Northern Ireland, shall be given before the expenses are incurred, and shall be so given by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Amendments of Diseases of Animals Act 1950
105
1
Subsection (1) of section 24 of the Diseases of Animals Act 1950 (which enables a prohibition to be imposed on the landing of animals and things from any specified country whenever it is deemed expedient for the purpose of preventing the introduction of disease into Great Britain) shall be amended as follows: —
a
the words " whenever he deems it expedient so to do " shall be omitted;
b
for the words " from any specified country out of Great Britain " there shall be substituted the words " from any, or any specified, country out of Great Britain "; and
c
at the end there shall be added the words " and any such order may provide for exemptions from any such prohibition by means of licences, whether general or specific and whether conditional or unconditional, issued in accordance with the order ";
and any order expressed to be made before the date of commencement of this subsection under the said section 24 or any enactment replaced thereby, so far as that order has not been revoked before that date, shall have effect as from that date as if made under the said section 24 as amended by this subsection.
2
Section 9 of the Diseases of Animals Act 1950 (which contains powers for the treatment with serum or vaccine of any animal or bird which has been in contact with a diseased animal or bird or which has been in any way exposed to infection) shall be amended by the addition at the end of the words " or which is in an infected area ".
3
The said section 9 as in force apart from this subsection shall be numbered as section 9(1), and at the end thereof there shall be added the following subsection: —
2
The powers conferred by this section shall be construed as extending to the taking of any action which is requisite for enabling the appropriate treatment to be administered or which is otherwise required in connection with that treatment; and for the purpose of exercising those powers any officer of the Minister may, subject to production of his authority on demand, enter any land or premises taking with him such other persons, if any, as he considers requisite.
4
Section 19(6) of the Diseases of Animals Act 1950 shall cease to have effect so far as it authorises the Minister of Agriculture, Fisheries and Food to withhold compensation or other payment in respect of an animal slaughtered at his direction where the owner or person having charge of the animal has, in the judgment of the Minister, been guilty of an offence against the Act in relation to that animal.
5
Section 79 of the Diseases of Animals Act 1950 (penalties for offences against that Act) shall be amended as follows: —
a
in subsection (1), as amended by Part I of Schedule 3 to the Criminal Justice Act 1967, for the references in paragraphs (a) and (c) to £200 (the normal maximum fine) there shall be substituted references to £400, and for the reference in paragraph (b) to £20 (the maximum fine per animal where the offence is committed with respect to more than ten) there shall be substituted a reference to £50 ; and
b
in subsection (2) (imprisonment in lieu of fine on repetition of certain offences within twelve months), the words " within a period of twelve months " shall be omitted.
Eradication of brucellosis
106
1
The appropriate Minister may, in accordance with a scheme made by the appropriate authority with the consent of the Treasury, pay to the owner of any herd of cattle kept in the United Kingdom, or to any person concerned with the management of such a herd, such sums as that Minister thinks fit to expend in connection with the eradication of brucellosis, and may in particular, if the scheme so provides, pay any such sum by way of supplement to, and subject to any terms or conditions governing the payment of, any grant or subsidy payable under or by virtue of any enactment other than this section.
2
A board constituted by any scheme relating to the marketing of milk and made under the Agricultural Marketing Act 1958 or any enactment of the Parliament of Northern Ireland shall, in accordance with any scheme in that behalf made by the appropriate authority with the consent of the Treasury, make to producers registered under the scheme constituting the board payments in connection with the eradication of brucellosis, being payments in respect of milk sold, or deemed for the purpose of any payments under the scheme constituting the board to have been produced, on or after 1st April 1970; and the sums from time to time required by such a board for the making of payments under this subsection shall be paid to the board by the appropriate Minister.
3
Paragraph (c) of section 5 of the Diseases of Animals Act 1950 (under which the Minister may make orders prohibiting or regulating the movement of cattle into, out of or within any area which is for the time being an eradication area or an attested area) shall be amended by adding at the end of that paragraph the words " or, if the area is an eradication area or an attested area for purposes connected with the control of brucellosis, imposing with respect to cattle in that area such other prohibitions or requirements as he may consider necessary or desirable for the purpose of eradicating that disease ".
4
Any person who offers for sale, otherwise than for slaughter, any animal known to him to be a reactor to brucella abortus shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400, or, if the offence is committed with respect to more than ten animals, to a fine not exceeding £50 for each animal.
5
Payments made by any Minister under subsection (1) or subsection (2) of this section shall be treated as production grants for the purposes of section 3 of the Agriculture Act 1957.
6
Section 13(5) of the Agriculture Act 1967 (under which a levy scheme relating to the expenses of the Meat and Livestock Commission may not impose charges in respect of livestock slaughtered under the Diseases of Animals Act 1950 or any order or arrangements made thereunder) shall be amended by inserting at the end " or in accordance with any scheme under section 106 of the Agriculture Act 1970 ".
7
Any person who knowingly or recklessly makes any false statement for the purpose of obtaining for himself or any other person any payment under a scheme under subsection (1) or (2) of this section shall be liable on summary conviction to a fine not exceeding £100 or imprisonment for a term not exceeding three months or both.
8
Any of the following officers —
a
in England and Wales, any officer of the Minister of Agriculture, Fisheries and Food authorised in writing by that Minister to exercise the powers conferred by this subsection;
b
in Scotland, any officer of the Secretary of State or of the said Minister having the like authority of that Secretary of State, and
c
in Northern Ireland, any officer within paragraph (a) above, and any officer of the Ministry of Agriculture for Northern Ireland having the like authority of that Ministry;
may, for the purpose of obtaining any information which he may consider necessary in connection with a scheme under subsection (1) or (2) of this section, enter upon any land or premises and there inspect any animal, apply any test or take any sample, and examine and take copies of or extracts from any document.
The right of entry under this subsection may be exercised at any reasonable time, but only after production of the officer's authority if so required; and any person who obstructs or impedes an officer acting in the exercise of his powers under this subsection shall be liable on summary conviction to a fine not exceeding £20 in the case of a first offence, and, in the case of a second or subsequent offence, to a fine not exceeding £50 or imprisonment for a term not exceeding one month or both.
9
In subsections (1) and (2) of this section —
" the appropriate Minister " means the Minister of Agriculture, Fisheries and Food or, in relation to herds kept in Scotland or sums required for making payments to producers in Scotland, the Secretary of State ; and
" the appropriate authority " means the Minister of Agriculture, Fisheries and Food or, for the purposes of a scheme relating to herds or producers in Wales (including Monmouthshire), that Minister and the Secretary of State acting jointly or, for the purposes of a scheme relating to herds or producers in Scotland, the Secretary of State.
10
A scheme under subsection (1) or (2) of this section —
a
may relate to herds or producers in one part only of the United Kingdom or (the appropriate authorities acting jointly for the purpose, if different) in two or more such parts;
b
may be varied or revoked by a subsequent scheme under that subsection;
c
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Provision for improving marketing of home-grown maize
107
1
Subsection (2) of this section shall have effect for the purpose of improving the marketing of maize grown in the United Kingdom.
2
The Cereals Marketing Act 1965 shall have effect —
a
as if —
i
in section 6 of that Act (which for the purpose specified in section 1(1) of that Act, that is to say, for the purpose of improving the marketing of homegrown cereals within the meaning of that Act, confers on the Home-Grown Cereals Authority certain non-trading functions with respect to the compilation and dissemination of information, the conducting of research or other experimental work and other matters); and
ii
in section 7 of that Act (which for the purpose specified as aforesaid enables orders to confer additional non-trading functions on the said Authority),
the reference in subsection (1) of the said section 6 or 7 to the purpose specified in section 1(1) of that Act included a reference to the purpose specified in subsection (1) of this section ; and
b
as if, notwithstanding the provisions as to interpretation contained in section 24(2) and (3) of that Act, any reference in the said section 6 to cereals or to homegrown cereals included a reference to maize or, as the case may be, to maize grown in the United Kingdom;
but no order under the said section 7 shall confer on the Authority aforesaid for the purpose specified in subsection (1) of this section any functions which could not have been conferred on the Authority by such an order if every reference in Part I of that Act to cereals or to home-grown cereals had included a reference to maize or, as the case may be, to maize grown in the United Kingdom.
Corn returns
108
1
The Minister may with the approval of the Treasury, and after consultation with the Home-Grown Cereals Authority, by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament and which may be varied or revoked by a subsequent order under this subsection, authorise and require the discharge by that Authority instead of by the Minister of such functions of the Minister under the Corn Returns Act 1882 (other than his functions under section 14 of that Act with respect to the making of regulations) as may be specified in the order, subject to such restrictions or directions with respect to the discharge by the Authority of those functions as may be so specified; and while that order remains in force —
a
the Cereals Marketing Act 1965 shall have effect as if the functions to which the order for the time being relates were included in the functions of the Authority under Part I of that Act; and
b
if, in accordance with the order, the Authority are required to receive returns made in pursuance of the said Act of 1882, the persons required to make the returns shall make them to the Authority instead of to the Minister;
but nothing in any such order shall authorise the Authority to institute proceedings for an offence under the said Act of 1882 except in pursuance of a direction by the Minister.
2
The contents of any return furnished to the Authority aforesaid by virtue of any functions of the Minister under the said Act of 1882 which they are required and authorised to discharge by an order under subsection (1) of this section shall not without the consent of the person furnishing the return be published or otherwise disclosed except —
a
to a member of the Authority appointed by virtue of section 1(2)(a) of the said Act of 1965 or to an officer of the Authority duly authorised in that behalf; or
b
to, or to an officer of, the Minister; or
c
in the form of a summary of similar returns furnished by or obtained from a number of persons, being a summary so framed as not to enable particulars relating to any one person or undertaking to be ascertained from it; or
d
with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to or arising out of the said Act of 1882 ;
and any person who publishes or otherwise discloses the contents of any return in contravention of this subsection shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.
3
As from such date as the Minister may by order made by statutory instrument appoint, the said Act of 1882 shall have effect subject to the following amendments, being amendments as to the places from which, the persons by whom, and the matters in respect of which returns under that Act are to be made, namely —
a
in section 4 (which, as amended by Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1943, provides for the making of returns from such towns as may be prescribed) —
i
the words " under the direction of the Board of Trade " shall cease to have effect; and
ii
for the word " towns " there shall be substituted the word " areas ";
b
for sections 5 and 6 (which relate to the weekly returns to be made under the said Act of 1882 and the persons by whom they are to be made) there shall be substituted the following section: —
Weekly returns of purchases of British corn.
5
Every person carrying on in an area for the time being prescribed under section 4 of this Act a business consisting of or including the buying of British corn by wholesale from the growers shall weekly at such times and in such manner as may be prescribed make to the Minister of Agriculture, Fisheries and Food or, in Scotland, to the Secretary of State a return in writing signed by that person specifying with respect to such period of seven days as may be prescribed the aggregate amount of each sort of British corn, if any, bought by that person from the growers and the aggregate purchase price thereof, and giving such additional particulars of the purchases comprised in the return as may be prescribed
;
c
in section 14, for the words from " refer " onwards there shall be substituted the words " make different provision for different circumstances ";
d
in section 18, in the definition of " British corn ", after the word " barley " in each place where it occurs there shall be inserted the words " rye, maize ".
4
In this section, the expression " the Minister " means, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State.
5
In the application to Scotland of subsection (1) of this section, the words from " but nothing " to the end shall be omitted.
Powers of Parliament of Northern Ireland as to injurious weeds
109
The limitations imposed by paragraph (7) of section 4(1) of the Government of Ireland Act 1920 precluding the Parliament of Northern Ireland from making laws in respect of trade with any place out of the part of Ireland within its jurisdiction shall not be construed so as to prevent that Parliament from making laws prohibiting or restricting the importation or removal into Northern Ireland of seeds of any weeds specified by or under an Act of that Parliament as being capable of causing injury to agriculture in Northern Ireland or of plants or parts of plants of any such weeds.
PART VIII
General
Offences by bodies corporate
110
1
Where a body corporate is guilty of an offence under this Act or any order or scheme made thereunder and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the foregoing subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Expenses and receipts
111
1
There shall be paid out of moneys provided by Parliament —
a
any expenditure incurred by any Minister under or by virtue of this Act; and
b
any increase attributable to any provision of this Act in the sums payable out of moneys so provided under any other enactment.
2
All receipts of any Minister under this Act (other than receipts of the Secretary of State under section 104(2) thereof) shall be paid into the Consolidated Fund.
Saving for powers of Parliament of Northern Ireland
112
Nothing in this Act shall be taken to restrict the power of the Parliament of Northern Ireland to make laws, and any laws made by that Parliament in the exercise of that power shall have effect notwithstanding anything in, or any order or scheme made under, this Act.
Short title, construction of references and repeals
113
1
This Act may be cited as the Agriculture Act 1970.
2
Except in so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.
3
The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule but, in the case of the enactments mentioned in any particular Part of that Schedule, subject to any provisions at the end of that Part.
4
The inclusion in this Act of any express saving, transitional provision or amendment shall not be taken as affecting the operation in relation to this Act of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).
SCHEDULES
SCHEDULE 1
Provisions as to Eggs Authority
Section 2.
1
The Authority shall be a body corporate with perpetual succession and a common seal.
2
1
It shall be within the capacity of the Authority as a statutory corporation to do such things and to enter into such transactions as are incidental or conducive to the performance of any of their functions.
2
Without prejudice to the generality of the foregoing sub-paragraph, where in the performance of any of their functions the Authority render any services to any person they may make such charges in respect of those services as may be agreed between the Authority and that person.
3
For the purposes of the Restrictive Trade Practices Act 1956, the definition of " trade association " in section 6(8) of that Act shall be construed as not including the Authority.
4
The validity of any proceedings of the Authority shall not be affected by any vacancy among the members of the Authority or by any defect in the appointment of any of the members of the Authority.
5
1
Subject to the following provisions of this paragraph, a member of the Authority and the chairman and deputy chairman thereof shall hold and vacate office as such in accordance with the terms of his appointment.
2
If the chairman or deputy chairman ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.
3
A member of the Authority may at any time, by notice in writing addressed to the secretary of the Authority, resign his membership, and the chairman or deputy chairman may by the like notice resign his office as such.
6
1
A member of the Authority shall, if he is in any way directly or indirectly interested in a contract made or proposed to be made by the Authority, disclose the nature of his interest at a meeting of the Authority as soon as possible after the relevant circumstances have come to his knowledge.
2
Any disclosure made by a member under the foregoing sub-paragraph shall be recorded in the minutes of the Authority, and that member shall not take part after the disclosure in any deliberation or decision of the Authority with respect to that contract, but may, nevertheless, be taken into account for the purpose of constituting a quorum of the Authority.
7
In the case of an equality of votes at any meeting of the Authority, the person who is chairman at that meeting shall have a second or casting vote.
8
Subject to paragraphs 6 and 7 of this Schedule, the authority may determine their own quorum and procedure and the quorum and procedure of any committee of the Authority.
9
1
The Authority may appoint a secretary and such other officers and such servants as the Authority may determine.
2
The Authority shall —
a
pay to their officers and servants such remuneration and such travelling or other allowances as they may, with the approval of the Ministers and the Minister for the Civil Service, determine, and
b
as to any officers or servants in whose case the Authority may determine to do so, pay to or in respect of them such pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), as the Authority may with the like approval determine.
10
1
The Authority may appoint such advisory committees as they think fit, to consider such matters with which the Authority are concerned as the Authority may determine and to report on those matters to the Authority ; and any such committee may include persons who are not members of the Authority.
2
The Authority may pay to members of any such committee who are not members of the Authority such allowances as the Ministers may, with the approval of the Minister for the Civil Service, determine.
11
The application of the seal of the Authority shall be authenticated by the signature of the secretary of the Authority or some other person authorised by the Authority, either generally or specially, to act for that purpose.
12
In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (bodies of which all members are disqualified under that Act), there shall (at the appropriate point in alphabetical order) be inserted the following entry : —
The Eggs Authority
;
and the like amendment shall be made in the Part substituted for the said Part II by Schedule 3 to that Act in its application to the Senate and House of Commons of Northern Ireland.
SCHEDULE 2
S. 26 of Agriculture Act 1967 as Amended
Section 32(8).
26
1
The appropriate Minister may in accordance with a scheme approve, and (subject to section 50 of the Agriculture Act 1970) make grants out of money provided by Parliament towards expenditure incurred in connection with the carrying out of —
a
transactions for securing that agricultural land which is or forms part of an uncommercial unit, but which together with some other agricultural land could form an intermediate unit or commercial unit, shall be owned and occupied with that other land, and
b
transactions for securing that, where an intermediate unit or a commercial unit is not all in the same ownership, any part of it comes to be in the same ownership as the rest of that unit, or in the same ownership as some other part of that unit, but excluding transactions which bring into the same ownership and occupation two or more parts of the unit each of which could by itself form a commercial unit, and
c
transfers or exchanges of agricultural land (or estates or interests in agricultural land) for the purpose of giving more satisfactory boundaries to one or more agricultural units ;
and for the purposes of paragraph (a) above, such assumptions as the appropriate Minister may consider reasonable may be made as to the works and facilities which will be carried out or provided for the benefit of the unit to be formed.
Transactions within paragraphs (a) and (b) above are in this Part of this Act referred to as " amalgamations ", and transactions within paragraph (c) are in this Part of this Act referred to as " boundary adjustments ".
2
A scheme under this section may restrict the amalgamations and boundary adjustments to which it applies in any way, and may in particular exclude amalgamations of land which has reverted from being in single ownership or occupation.
3
The expenditure towards which a grant may be made under this section in connection with an amalgamation or boundary adjustment shall be any costs of the amalgamation or boundary adjustment of any description specified in the scheme.
4
A scheme under this section may make different provision for different circumstances.
5
The amount of any grant payable under this section towards expenditure shall be determined in such manner as may be provided for by or under the scheme.
6
A scheme under this section shall provide for grant in respect of such of any expenditure such as is mentioned in subsection (3) above as is approved for the purposes of grant by the appropriate Minister in connection with an amalgamation or boundary adjustment approved by that Minister in pursuance of the scheme, and any such approval —
a
may be given either before or, in any case where the appropriate Minister thinks fit, after the expenditure has been incurred or the amalgamation or boundary adjustment has been carried out;
b
may be given subject to such conditions as the appropriate Minister may specify, and in particular subject to any condition as to the time within which the amalgamation or boundary adjustment is to be carried out or as to the carrying out or provision within a specified period of specified works or facilities appearing to the appropriate Minister to be necessary as a consequence of the amalgamation or boundary adjustment;
c
may be varied or withdrawn by the appropriate Minister with the written consent of the person on whose application the approval was given ;
and the appropriate Minister may, if he thinks fit, for the purposes of a claim for grant under section 29 of the Agriculture Act 1970 issue a certificate with respect to any work or facility that he considers it to be necessary or desirable as a consequence of an amalgamation, or to be necessary as a consequence of a boundary adjustment, approved by that Minister in pursuance of the scheme.
7
After the payment of any grant under this section, any grant under section 29 of the Agriculture Act 1970 in respect of any work or facility certified under subsection (6) above or any grant under subsection (1)(a) of the next following section in connection with an amalgamation the relevant unit shall be subject to the provisions of Schedule 3 to this Act and —
a
the appropriate Minister shall not approve the amalgamation unless satisfied that all persons having an estate or interest in the relevant unit have given their written consent to the application of that Schedule to the relevant unit,
b
the relevant unit shall be, or be the part of, the agricultural unit or units specified for the purposes of this subsection by the appropriate Minister in the document giving his approval to the amalgamation, and
c
in the said Schedule 3 as applied by this subsection " relevant Exchequer payments " shall mean —
i
any such grant as aforesaid in respect of such expenditure as the appropriate Minister may certify as being expenditure related to the relevant unit, and
ii
such sum as the appropriate Minister may certify as the sum representing his administrative expenses (including an appropriate proportion of overhead expenses and other fixed or general expenses) incurred in connection with making the grant,
and " the relevant date" shall, for any grant and the related administrative expenses, be the date when the grant was paid.
8
In the case of the payment of any grant under this section or any such grant under section 29 of the Agriculture Act 1970 as is referred to in the last foregoing subsection in connection with a boundary adjustment the appropriate Minister may, if he thinks fit, designate in the document giving his approval to the boundary adjustment any land appearing to him to benefit from the boundary adjustment as land which, after the payment of that grant, is to be a relevant unit subject to the provisions of Schedule 3 to this Act, and paragraphs (a) and (c) of the last foregoing subsection shall apply in relation to the boundary adjustment as they apply in relation to an amalgamation.
9
The duration of a scheme under this section shall be a period not exceeding seven years, but that period may from time to time be extended by further schemes under this section for periods not exceeding seven years.
10
A grant shall not be made under section 16 of the Agriculture Act 1957 (which relates to grants towards costs of amalgamation and is superseded by this section) in respect of a transaction proposed in an application made under that section after the coming into force of the first scheme made under this section, and so much of subsection (2) of the said section 16 as limits the time within which applications may be made under that section shall cease to have effect.
11
The following enactments —
a
section 6(c) of the Hill Farming Act 1946,
b
section 5(3) of the Agriculture (Small Farmers) Act 1959, or
c
section 2(3) of the Agriculture and Horticulture Act 1964,
(under which grant under those Acts may be recovered by the appropriate Minister if there is a failure to carry out proposals), and any provision to the like effect in regulations made under section 77(3) of the Agriculture (Scotland) Act 1948 or section 22(4)' of the Crofters (Scotland) Act 1955, shall not apply where in the opinion of the appropriate Minister the carrying out of the proposals is, as a consequence of an amalgamation or boundary adjustment approved in pursuance of a scheme under this section or in consequence of the carrying out or provision of works or facilities certified under subsection (6) thereof, impracticable or to no purpose or unduly expensive.
SCHEDULE 3
Transitional Provisions for Part III
Section 64(1).
1
In this Schedule " the repeal" means the repeal by this Act of the enactments specified in Part III of Schedule 5 thereto, and "the repealed enactments " means the enactments so specified.
2
Any land which immediately before the commencement of Part III of this Act is held by a smallholdings authority for the purposes of smallholdings shall, notwithstanding the repeal, continue to be held by that authority for the purposes of smallholdings, subject to any power exercisable by the authority by virtue of any enactment to appropriate or dispose of it for other purposes.
3
The repeal shall not affect the validity of any letting effected before the commencement of Part III of this Act.
4
The repeal shall not affect the operation of any of the repealed enactments in relation to allotments or in relation to allotment committees.
5
The repeal, in so far as it relates to section 48 of the Small Holdings and Allotments Act 1908, shall not affect the operation of that section in relation to cottage holdings.
6
The repeal, in so far as it relates to section 54 of the Agriculture Act 1947, shall not affect the power of the Minister to make a loan under that section where the application for the loan has been received by the Minister before the commencement of Part III of this Act.
7
The repeal shall not affect any duty of the Minister to give effect to any trust on which any land is held by the Minister or to any scheme established under the Charitable Trusts Acts 1853 to 1939, or any of those Acts, and subsisting immediately before the commencement of Part III of this Act in accordance with section 48(4) of the Charities Act 1960.
8
The repeal shall not affect the operation of any regulations made under section 2 of the Small Holdings and Allotments Act 1926 or under section 58 of the Agriculture Act 1947.
9
Without prejudice to the preceding provisions of this Schedule, in so far as any agreement made, record, map or plan compiled and kept, or other thing done by virtue of any of the repealed enactments could have been made, compiled and kept or done by virtue of a corresponding provision of Part III of this Act, it shall not be invalidated by the repeal but shall have effect as if made, compiled and kept or done by virtue of that corresponding provision.
SCHEDULE 4
Enactments Amended
Section 64(2).
Enactment Amendment
The Agricultural Land (Utilisation) Act 1931 (21 & 22 Geo. 5. c. 41)
At the end of section 12 there shall be added the following proviso: —
Provided that this section shall have effect subject to section 60 of the Agriculture Act 1970
.
The Agriculture Act 1947 (10 & 11 Geo. 6. c. 48) In section 58, in subsection (1), after the words " they may" there shall be inserted the words " at any time before the passing of the Agriculture Act 1970 ". In Schedule 8, in Part II, in the first entry, for the words from " the application " to the end of the entry, there shall be substituted the words " any regulations made under section 52(2) of the Agriculture Act 1970 ", and in the second entry, for the words " not authorised by Part IV of this Act" there shall be substituted the words " not authorised by Part III of the Agriculture Act 1970 ". The Agricultural Holdings Act 1948 (11 & 12 Geo. 6. c. 63) In section 11(4)(c), for the words from " a smallholding " to " granted " there shall be substituted the words " land let as a smallholding by a smallholdings authority or by the Minister ".
In section 24, after subsection (2) there shall be added the following subsection : —
2A
Where the landlord is a smallholdings authority, or the landlord is the Minister and the holding is on land held by him for the purposes of smallholdings, then, in considering whether the interest of the landlord has been materially prejudiced as mentioned in paragraph (e) of subsection (2) of this section, regard shall be had to the effect of the breach in question not only on the holding itself but also on the carrying out of the arrangements made by the smallholdings authority or the Minister (as the case may be) for the letting and conduct of smallholdings.
In section 31(2), for paragraph (d) there shall be substituted the following paragraph: —
d
the letting of the land (with or without other land) as a smallholding under Part III of the Agriculture Act 1970
.
The London Government Act 1963 (1963 c. 33) In section 55(3), for the words " that Act", in the second place where they occur, there shall be substituted the words " the Agriculture Act 1947 ".
SCHEDULE 5
Repeals
Section 113(3).
PART I
Repeals of enactments relating to capital grants
Chapter Short Title Extent of Repeal
The repeal of the enactments specified in this Part of this Schedule shall take effect, subject to subsection (7) of section 29 of this Act, as from the date appointed under subsection (6) of that section, and shall not affect the continuance in force of any instrument made thereunder so far as the instrument is made under or by virtue of any enactment not repealed by this Act.
1 Edw. 8 & 1 Geo. 6. c. 70 . The Agriculture Act 1937. Section 16. 3 & 4 Geo. 6. c. 14 . The Agriculture (Miscellaneous War Provisions) Act 1940. Save for the purposes of grants to statutory water undertakers, section 15(1). 3 & 4 Geo. 6. c. 50 . The Agriculture (Miscellaneous War Provisions) (No. 2) Act 1940. Save for the purposes of grants to statutory water undertakers, section 1(1). 4 & 5 Geo. 6. c. 50 . The Agriculture (Miscellaneous Provisions) Act 1941. Save for the purposes of grants to statutory water undertakers, section 3. Section 12(4). 7 & 8 Geo. 6. c. 28 . The Agriculture (Miscellaneous Provisions) Act 1944. Section 8(d). 10 & 11 Geo. 6. c. 48 . The Agriculture Act 1947. Save for the purposes of grants to statutory water undertakers, section 96. 2 & 3 Eliz. 2. c. 39 . The Agriculture (Miscellaneous Provisions) Act 1954. Save for the purposes of grants to statutory water undertakers, section 1. 7 & 8 Eliz. 2. c. 31 . The Agricultural Improvement Grants Act 1959. In section 1, subsection (3), paragraphs (a) and (b) of subsection (4), and, in subsection (8), the definition of " the appropriate Minister or Ministers " down to the word " Food ". 1964 c. 28 . The Agriculture and Horticulture Act 1964. Section 3. 1967 c. 22 . The Agriculture Act 1967. In section 26, in subsection (3) the words from " (b) in " to "boundaries", and subsection (4) from " and in particular " onwards. Sections 30, 31 and 32. In section 33(4), paragraphs (a) and (b), in paragraph (c) the word " and ", and paragraph (d). In section 34(1), in paragraph (a), the words "section 31, section 32 or", and paragraphs (b) and (c). In section 34(3), the words " or an order under subsection (1)(b) or (1)(c) above ", and the words " 32(2) or, as the case may be ". Section 36. In section 37, in subsection (1) the words " or section 30 " and subsections (3) and (5). Sections 41, 42 and 69(1)(b). Schedule 4. 1968 c. 34 . The Agriculture (Miscellaneous Provisions) Act 1968. Save for the purposes of grants to statutory water undertakers, section 41(1). Section 41(2).
PART II
Repeals consequential on s. 35
Chapter Short Title Extent of Repeal
The repeals in this Part of this Schedule shall take effect as from such date as the appropriate Minister for the purposes of the Hill Farming Act 1946 may by order made by statutory instrument appoint.
9 & 10 Geo. 6. c. 73 . The Hill Farming Act 1946. In section 1, subsections (1) and (2), the proviso to subsection (4), and subsection (5). Sections 2 to 8, 39(1)(a) and (b) and 40(3). 14 & 15 Geo. 6. c. 18 . The Livestock Rearing Act 1951. Sections 1(1), 2, 4 and 11(2). 4 & 5 Eliz. 2. c. 72 . The Hill Farming Act 1956. The whole Act. 7 & 8 Eliz. 2. c.31 . The Agricultural Improvement Grants Act 1959. Section 1(1) and (2), and, in section 1(8), the words from the beginning to " jointly ". Section 2(1) from " and " where first occurring onwards. Section 2(21 1963 c. 11 . The Agriculture (Miscellaneous Provisions) Act 1963. Section 1.
PART III
Repeals of enactments relating to smallholdings
Chapter Short Title Extent of Repeal
The repeals in this Part of this Schedule shall take effect subject to the provisions of Schedule 3 to this Act on such date as may be appointed for the purpose under section 65(1) of this Act.
8 Edw. 7. c. 36 . The Small Holdings and Allotments Act 1908. In section 40, in subsection (1) the words " small holdings or ". In section 48, the words " small holdings or" in each place where they occur. 6 & 7 Geo. 5. c. 38 . The Small Holding Colonies Act 1916. The whole Act, except sections 9 and 12. 8 & 9 Geo. 5. c. 26 . The Small Holding Colonies (Amendment) Act 1918. The whole Act. 9 & 10 Geo. 5. c. 59 . The Land Settlement (Facilities) Act 1919. In section 8, the words " or the Small Holding Colonies Acts, 1916 and 1918". 16 & 17 Geo. 5. c. 52 . The Small Holdings and Allotments Act 1926. In section 2, subsection (4). 21 & 22 Geo. 5. c. 41 . The Agricultural Land (Utilisation) Act 1931. Sections 8 to 11. 10 & 11 Geo. 6. c. 48 . The Agriculture Act 1947. Sections 47 to 52. Sections 54 to 57. In section 58, in subsection (7), the words from " and for withholding or reducing contributions " to the end of the subsection. Sections 60 to 66. In section 67, subsection (1) and, in subsection (2), the words " other than the provisions thereof specified in the said Part I". In section 92(1), the words " or a smallholdings authority" and the words " or the authority, as the case may be,". In section 94(2), the words " or smallholdings authority" and the words " or authority, as the case may be,". In section 106, in subsections (2) and (7), the words " or a smallholdings authority". In Schedule 8, Part I. 12 & 13 Geo. 6. c. 37 . The Agriculture (Miscellaneous Provisions) Act 1949. In section 10, subsection (3). 2 & 3 Eliz. 2. c. 39 . The Agriculture (Miscellaneous Provisions) Act 1954. In section 3, subsections (1) and (2), and in subsection (4), the words from " and there shall be paid " to the end of the subsection. 7 & 8 Eliz. 2. c. 53 . The Town and Country Planning Act 1959. In Schedule 7, the entry relating to the Agriculture Act 1947. 1963 c. 33 . The London Government Act 1963. In section 55, subsection (1), and, in subsection (3), the words from the beginning of the subsection to "council of a county; and ".
PART IV
Repeals consequential on s. 108
Chapter Short Title Extent of Repeal
The repeals in this Part of this Schedule shall have effect as from the date appointed under section 108(3) of this Act.
45 & 46 Vict. c. 37 . The Corn Returns Act 1882. In section 4, the words " under the direction of the Board of Trade ". Section 16. 11 & 12 Geo. 5. c. 35 . The Corn Sales Act 1921. Section 4. 6 & 7 Geo. 6. c. 16 . The Agriculture (Miscellaneous Provisions) Act 1943. In Schedule 3, the entry relating to section 5 of the Corn Returns Act 1882.
PART V
Miscellaneous repeals
Chapter Short Title Extent of Repeal
The repeal of the Agricultural Improvement Grants Act 1959, except so far as it extends to subsections (4) and (8) of section 1 of that Act, shall not have effect until whichever is the later of the dates referred to in Parts I and II of this Schedule; and the repeals in the Horticulture Act 1960 shall take effect as from the date appointed under section 31(3) of this Act, but shall not affect the application of the enactments repealed in relation to a proposal submitted for approval before that date.
16 & 17 Geo. 5. c 45 . The Fertilisers and Feeding Stuffs Act 1926. As from the date appointed under section 87(1) of this Act, the whole Act. 14 Geo. 6. c. 36 . The Diseases of Animals Act 1950. In section 19(6), the words from " where the owner " to " this Act or ". In section 24(1), the words " whenever he deems it expedient so to do ". In section 79(2), the words " within a period of twelve months ". 7 & 8 Eliz. 2. c. 31 . The Agricultural Improvement Grants Act 1959. The whole Act, so far as not specified in Part I or Part II of this Schedule. 8 & 9 Eliz. 2. c. 22 . The Horticulture Act 1960. Section 1(4) from the word " and " onwards. Section 1(5). Section 2(1) from the word " and " onwards. In section 2(3), the words from "whether" to "matter". Section 2(4). In section 3, the words " and (4) " and the words " and subsection (1) of section two ". 1968 c. 29 . The Trade Descriptions Act 1968. In section 2(4), the word " and" in the last place where it occurs. |
The Commons Registration (Time Limits) (Amendment) Order 1970
The Minister of Housing and Local Government and the Secretary of State, in exercise of their respective powers under sections 1(2) and 20(1) of the Commons Registration Act 1965 (hereinafter called “ the Act ”), as read with the Ministry of Land and Natural Resources (Dissolution) Order 1967 , and of all other powers enabling them in that behalf, hereby make the following Order: —
1
This Order may be cited as the Commons Registration (Time Limits) (Amendment) Order 1970, and shall come into operation on 25th March 1970.
2
The period for registrations under section 4 of the Act, which, by virtue of article 2 of the Commons Registration (Time Limits) Order 1966 , began on 2nd January 1967 and was to have ended on 31st March 1970, is hereby extended until 31st July 1970, and, accordingly, for the words “31st March 1970” in that article there shall be substituted the words “31st July 1970” .
Given under the official seal of the Minister of Housing and Local Government on 10th March 1970.
Anthony Greenwood
Minister of Housing and Local Government
Given under my hand
George Thomas
One of Her Majesty's Principal Secretaries of State
Welsh Office
10th March 1970 |
Contingencies Fund Act 1970
Fund to be known as Contingencies Fund.
1
1
It is hereby declared that the services in relation to which advances can be made out of the Civil Contingencies Fund include navy, army and air services; and accordingly that Fund shall as from the commencement of this Act be known as the Contingencies Fund.
2
Any reference in any other enactment to the Civil Contingencies Fund shall be construed as a reference to the Contingencies Fund.
Increase in capital of Fund.
2
In section 1(3) of the Miscellaneous Financial Provisions Act 1955 as amended by section 1 of the Miscellaneous Financial Provisions Act 1968 (whereby the capital of the said Fund, including the permanent capital, was limited to £125 million or such lower amount as the Treasury may by order direct), for the words " £125 million " there shall be substituted the words " £200 million ".
Short title and commencement.
3
1
This Act may be cited as the Contingencies Fund Act 1970.
2
This Act shall come into operation at the end of the period of one month beginning with the day on which it is passed. |
The Synodical Government (Channel Islands) Order 1970
At the Court at Buckingham Palace, the 28th day of July 1970
Present,
The Queen's Most Excellent Majesty in Council
Whereas the Bishop of Winchester has, in accordance with the Schedule to the Channel Islands (Church Legislation) Measure 1931, as amended by section 2 of the Channel Islands (Church Legislation) Measure 1931 (Amendment) Measure 1957, settled the Scheme set out in the Schedule to this Order for applying the Synodical Government Measure 1969 to the Channel Islands, and the procedure set out in the Schedule to the first-mentioned Measure has been followed:
Now, therefore, Her Majesty, in pursuance of section 2 of the Channel Islands (Church Legislation) Measure 1931, as amended by section 1 of the Channel Islands (Church Legislation) Measure 1931 (Amendment) Measure 1957, and of section 9(5) of the Synodical Government Measure 1969, is pleased, by and with the advice of Her Privy Council, to order and direct as follows: —
1
This Order may be cited as the Synodical Government (Channel Islands) Order 1970 and shall come into operation on 17th August 1970.
2
The Scheme set out in the Schedule to this Order is hereby confirmed.
3
The Synodical Government Measure 1969 shall apply to the Channel Islands, and the Channel Islands (Representation) Measure 1931 shall be modified, in accordance with the provisions of the said Scheme.
W. G. Agnew
SCHEDULE
A SCHEME
Prepared by the Bishop of Winchester in pursuance of the Channel Islands (Church Legislation) Measures 1931 and 1957 for applying the Synodical Government Measure 1969 to the Channel Islands.
PREAMBLE
Whereas section 9(5) of the Synodical Government Measure 1969 provides that the Measure may be applied to the Channel Islands or either of them, as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, in accordance with the provisions of the last-mentioned Measures and that any scheme made for the purpose of such application may provide for such modifications of the Channel Islands (Representation) Measure 1931 and of the Channel Islands (Church Legislation) Measure 1931 as may be necessary or expedient in consequence of the provisions of the first-mentioned Measure:
And whereas the Bishop of Winchester has come to the conclusion that the first-mentioned Measure ought to be applied to the Channel Islands with certain variations and has in accordance with paragraphs 1 to 3 of the Schedule to the Channel Islands (Church Legislation) Measure 1931 prepared the following draft Scheme for the purpose:
SCHEME
Application of the Synodical Government Measure 1969
Nothing in this Scheme shall prejudice the continuing exercise of any jurisdiction exercised before the appointed day by the Dean of Jersey or the Dean of Guernsey or the continuing operation in Jersey of the Order in Council dated 30th June 1623.
Section 1 shall apply to the Channel Islands so far as may be necessary to secure that the functions, authority, rights and privileges of the Convocation of Canterbury vested in the General Synod of the Church of England are exercisable with respect to matters concerning the Church of England in the Channel Islands.
Section 2(1) shall apply to the Channel Islands so far as may be necessary to secure that the other functions of the General Synod are exercisable with respect to matters concerning the Church of England in the Channel Islands in like manner as heretofore they have been exercisable by the Church Assembly; and accordingly section 2(2) shall apply to the Channel Islands for the purpose of construing Measures, enactments and instruments.
Section 4 shall apply to the Channel Islands so far as may be necessary to secure that the functions of the diocesan synod of Winchester are exercisable with respect to matters concerning the Church of England in the Channel Islands; and accordingly section 4(7) shall apply in the Channel Islands for the purpose of construing any Measure or instrument.
Section 5(3) and (4) shall apply to the decanal conferences of the Channel Islands as from 1st June 1970 and as from that date they shall be renamed deanery synods and any reference in any Measure to the decanal conferences of the Channel Islands or to the decanal conference of either Island shall be construed as a reference to the deanery synods of the Channel Islands or the deanery synod of that Island respectively.
Modifications of the Channel Islands (Representation) Measure 1931
For section 4 there shall be substituted the following section —
‘4
A lay person shall be entitled to have his name entered on the church electoral roll of either Island, if he —
a
is baptised;
b
is a member of the Church of England or another Church of the Anglican Communion or an overseas Church in communion with the Church of England, and is not a member of any other religious body which is not in communion with the Church of England;
c
is of seventeen years or upwards;
d
is resident in the Island; and
e
has signed the form of application for enrolment set out in the Schedule to this Measure.’
In section 6 for the word “twenty-one” there shall be substituted the word “eighteen” .
In the Schedule there shall be substituted the following form: —
‘Application for Enrolment on Church Electoral Roll’ |
The Secretary of State for the Environment Order 1970
At the Court at Buckingham Palace, the 11th day of November 1970
Present,
The Queen's Most Excellent Majesty in Council
Whereas copies of the draft of this Order have been laid before Parliament in pursuance of section 3 of the Ministers of the Crown (Transfer of Functions) Act 1946, and each House has presented an Address to Her Majesty praying that the Order be made:
Now, therefore, Her Majesty, in pursuance of section 1 of the Ministers of the Crown (Transfer of Functions) Act 1946 and section 4 of the Ministers of the Crown Act 1964, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
Citation, interpretation and commencement
1
1
This Order may be cited as the Secretary of State for the Environment Order 1970.
2
The Interpretation Act 1889 applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
3
Any provision of this Order for the transfer of functions to a Secretary of State from another Minister shall be construed, in relation to any of those functions which are already exercisable by the Secretary of State concurrently with that other Minister, as directing that the functions shall cease to be exercisable by the other Minister; and references in this Order to functions transferred or to a transfer by the Order shall be construed accordingly.
4
For the purposes of this Order Monmouthshire is to be treated as part of Wales and not of England.
5
This Order shall come into operation on 12th November 1970.
Dissolution of Ministries, and transfer of functions and property
2
1
The Ministry of Housing and Local Government, the Ministry of Public Building and Works and the Ministry of Transport are hereby dissolved, and all functions of the Minister of Housing and Local Government, of the Minister of Public Building and Works or of the Minister of Transport (including functions belonging to any of them jointly) are hereby transferred to the Secretary of State or, in the case of functions described in Schedule 1 to this Order, to the Secretary of State for the Environment.
2
There are hereby transferred to the Secretary of State for the Environment all property, rights and liabilities to which any of the Ministers above-mentioned is entitled or subject immediately before the coming into operation of this Order, other than the immovable property outside the United Kingdom to which the Minister of Public Building and Works is so entitled and rights and liabilities of that Minister in relation to that property.
Consequential provisions for management of property, etc
3
1
The person from time to time holding office as Secretary of State for the Environment shall by virtue of that office —
a
be Minister of Public Building and Works, so long as any property remains vested in that Minister; and
b
be First Commissioner of Works, so long as the Commissioners of Works have not been dissolved by Order in Council under the Minister of Works Act 1942;
and section 5(1) to (3) and (5) of that Act as set out with adaptations in Schedule 2 to this Order shall continue to apply to him as Minister of Public Building and Works.
2
The person who at the coming into operation of this Order is Secretary of State for the Environment and his successors shall be, by that name, a corporation sole (with a corporate seal), but so that anything done by or in relation to any other Secretary of State for the Secretary of State for the Environment as a corporation sole shall have effect as if done by or in relation to the Secretary of State for the Environment.
3
The corporate seal of the Secretary of State for the Environment shall be authenticated by the signature of a Secretary of State, or of a Secretary to the Department of the Environment, or of a person authorised by a Secretary of State to act in that behalf.
4
The corporate seal of the Secretary of State for the Environment shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Secretary of State for the Environment and to be sealed with that seal authenticated in the manner provided by paragraph (3) above, or to be signed or executed by a Secretary to the Department of the Environment or a person authorised as aforesaid, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown.
5
A certificate signed by the Secretary of State for the Environment that any instrument purporting to be made or issued by him or by any of the other Ministers mentioned in Article 2(1) above was so made or issued shall be conclusive evidence of that fact.
6
No stamp duty shall be chargeable on any instrument made by, to or with the Secretary of State for the Environment.
4
In Schedule 2 to the Parliamentary Commissioner Act 1967, as amended by the Parliamentary Commissioner Order 1970 , after the entry for the Department of Employment there shall be inserted the entry “Department of the Environment” .
Consequential and supplemental
5
1
The provisions of Schedule 3 to this Order shall have effect for the purpose of making consequential amendments in the enactments there mentioned or otherwise adapting them to the provisions of this Order.
2
Subject to the provisions of Schedule 3 to this Order, where in connection with any functions of the Minister of Housing and Local Government transferred by this Order any enactment or instrument provides for anything to be done by or in relation to both that Minister and a Secretary of State, it shall be read as providing for it to be done by or in relation to both the Secretary of State for the time being discharging those functions and such other Secretary of State (if any) as may be concerned; and similarly with things to be done by or in relation to both the Minister of Public Building and Works or Minister of Transport and a Secretary of State.
3
The enactments mentioned in Schedule 4 to this Order are hereby repealed to the extent specified in column 2 of the Schedule; but, without prejudice to the operation in relation to this repeal of any provision of the Interpretation Act 1889, —
a
the repeal by this Order of any enactment effecting or relating to any transfer of functions, property, rights or liabilities shall not affect any transfer made before the coming into operation of this Order nor the operation in connection therewith of any provision made by or under that enactment; and
b
the repeal by this Order of any enactment relating to evidence shall not affect the operation of that enactment in relation to documents made or issued before the coming into operation of this Order.
6
1
This Order shall not affect the validity of anything done by or in relation to any existing Minister before the coming into operation of this Order; and anything which at the coming into operation of this Order is in process of being done by or in relation to an existing Minister, including in particular any legal proceedings to which an existing Minister is a party, may be continued by or in relation to the Secretary of State for the Environment.
2
Any authorisation given (by way of approval or otherwise), requirement imposed or appointment made by an existing Minister, or having effect as if so given, imposed or made, shall, if in force at the coming into operation of this Order, have effect as if given, imposed or made by the Secretary of State for the Environment in so far as that is required for continuing its effect after the coming into operation of this Order.
3
Subject to any express amendment or repeal made by this Order any enactment, instrument or contract passed or made before the coming into operation of this Order shall have effect, so far as may be necessary for the purpose or in consequence of the transfers effected by this Order, as if any reference to an existing Minister or to a department or officer of his (including any reference which is to be construed as such a reference) were or included a reference to a Secretary of State (or to the Secretary of State for the Environment) or to his department or an officer of his, as the context may require.
4
Documents or forms printed or duplicated for use in connection with any functions transferred by this Order may be so used notwithstanding that they contain references to an existing Minister, and those references shall be construed as reference to the Secretary of State for the Environment; and similarly with references to the department or an officer of an existing Minister.
5
Where any instrument in force at the coming into operation of this Order requires a sign to be exhibited which embodies the name of an existing Ministry, nothing in this Order shall be taken to affect that requirement, but signs complying with that instrument as in force before the coming into operation of this Order shall continue to be used until provision is made to the contrary.
6
In this Article “ existing Minister ” means the Minister of Housing and Local Government, the Minister of Public Building and Works or the Minister of Transport, and “ existing Ministry ” has a corresponding meaning.
W.G. Agnew
SCHEDULE 1
FUNCTIONS TRANSFERRED TO SECRETARY OF STATE FOR THE ENVIRONMENT
Article 2(1)
The functions transferred by Article 2 of this Order to the Secretary of State for the Environment (and not to any Secretary of State) are —
a
any functions of the Minister of Transport under the Harbours, Piers and Ferries (Scotland) Act 1937;
b
any functions of the Minister of Housing and Local Government under the Water Acts 1945 and 1948;
c
any functions of the Minister of Housing and Local Government or the Minister of Transport under the Water Resources Act 1963;
d
any functions of the Minister of Housing and Local Government under the Housing Subsidies Act 1967;
e
any functions of the Minister of Public Building and Works under section 29 of the Town and Country Planning Act 1968 or section 30 of the Town and Country Planning (Scotland) Act 1969;
f
any functions of the Minister of Housing and Local Government under the Mines and Quarries (Tips) Act 1969.
SCHEDULE 2
SECTION 5(1) TO (3) AND (5) OF THE MINISTER OF WORKS ACT 1942, AS ADAPTED
Article 3(1)
1
The Minister of Public Building and Works shall for all purposes be a corporation sole and shall have an official seal, which shall be authenticated by the signature of the Minister or any person authorised by the Minister to act in that behalf.
2
The seal of the Minister shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Minister and to be sealed with the seal of the Minister authenticated in the manner provided by this section, or to be signed by any person authorised as aforesaid, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown.
3
A certificate signed by the Minister that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of that fact.
5
No stamp duty shall be chargeable on any instrument made by, to or with the Minister.
SCHEDULE 3
AMENDMENTS AND ADAPTATIONS OF ENACTMENTS
Article 5(1)
Town and Country Planning Acts and related enactments
1
1
The Town and Country Planning Acts 1962 to 1968 and the Town and Country Planning (Scotland) Acts 1947 to 1969 shall have effect as if references to the Minister and the appropriate Minister —
a
were references to the Minister and the appropriate Minister, if the appropriate Minister is not the one concerned as the Minister; and
b
were references to the one concerned as the Minister alone, if he is also the appropriate Minister;
and as if in the Acts applying to Scotland references to the Secretary of State and the appropriate Minister were to have a corresponding construction; and similarly with references to a Minister and the appropriate Minister, and with any provision requiring the Minister, or in Scotland the Secretary of State, to act jointly with the appropriate Minister.
2
For any purpose of the Town and Country Planning Acts 1962 to 1968 “ the appropriate Minister ” shall be —
a
in relation to undertakings for the supply of electricity, gas or hydraulic power, the Secretary of State for Trade and Industry and, in relation to aerodromes of the British Airports Authority and to lighthouse undertakings, the Board of Trade or that Secretary of State; and
b
in relation to undertakings for the supply of water, in the application of the Acts to Wales the Secretary of State for Wales; and
c
in all other cases, except that of the Post Office, the Secretary of State for the Environment.
3
For any purpose of the Town and Country Planning (Scotland) Acts 1947 to 1969 “ the appropriate Minister ” shall be —
a
in relation to undertakings for the supply of gas or hydraulic power, the Secretary of State for Trade and Industry and, in relation to aerodromes of the British Airports Authority and to lighthouse undertakings, the Board of Trade or that Secretary of State; and
b
in relation to undertakings for the supply of electricity or water, the Secretary of State for Scotland; and
c
in all other cases, except that of the Post Office, the Secretary of State for the Environment.
4
For any purpose of the Opencast Coal Act 1958 “ the appropriate Minister ” , in relation to undertakings for the supply of gas or hydraulic power or (except in Scotland) electricity, shall be the Secretary of State for Trade and Industry and in other cases, except that of the Post Office, shall be —
a
in England, the Secretary of State for the Environment or, in relation to a river board or other drainage authority, the Minister of Agriculture, Fisheries and Food;
b
in Wales, the Secretary of State for Wales or, in relation to a river board or other drainage authority, the Minister of Agriculture, Fisheries and Food;
c
in Scotland, the Secretary of State for the Environment or, in relation to any undertaking for the supply of electricity or water or any river purification authority, the Secretary of State for Scotland;
and in section 13(1)(c) of that Act for the words “as defined by this Act” there shall be substituted the words “within the meaning of this Act” .
5
Subject to sub-paragraph (4) above, sub-paragraphs (2) and (3) shall apply in relation to any enactment applying provisions of the Acts there mentioned, and to any other enactment or instrument in so far as the meaning therein of “the appropriate Minister” depends on its meaning in those Acts, as they apply in relation to those Acts.
2
In section 204 of the Town and Country Planning Act 1962 the reference (as originally enacted) to the Minister and the Minister of Power shall have effect as a reference to the Secretary of State for the Environment and the Secretary of State for Trade and Industry.
3
1
In the following provisions of the Town and Country Planning Act 1968, that is to say sections 26(2), 61(6), 62(7) and 105(4) and (5) and the Table in Schedule 6, the references to the Minister of Housing and Local Government and to the Secretary of State shall respectively have effect as references to the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales; and references in section 26(2) to the Ministry of Housing and Local Government shall have effect accordingly.
2
In the Town and Country Planning (Scotland) Act 1969 the references in section 64 and in Schedule 6 to the Secretary of State and to the Minister of Housing and Local Government shall respectively have effect as references to the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England.
4
References (as originally enacted) to the Board of Trade in section 20 of the Industrial Development Act 1966, and to the Minister in sections 2 and 4 of the Local Employment Act 1970, shall have effect as references to the Secretary of State for Trade and Industry; and references to the Minister in section 20 of the 1966 Act, and to the Minister of Housing and Local Government or to the Secretary of State in sections 2 and 4 of the 1970 Act, shall have effect as references to the Secretary of State for the time being having general responsibility in planning matters in relation to England, Wales or Scotland, as the case may be.
5
The Location of Offices Bureau Order 1963 shall have effect as originally made, and as if section 88 of the Town and Country Planning Act 1968 had not been enacted, but with the substitution for references to the Minister of Housing and Local Government of references to the Secretary of State and for references in paragraph 3 of the Schedule to the Treasury of references to the Minister for the Civil Service.
Enactments relating to new towns
6
1
The New Towns Act 1965 shall have effect as if section 54(3) had read as follows: —
3
References in this Act to the Minister and the appropriate Minister shall have effect —
a
as references to the Minister and the appropriate Minister, if the appropriate Minister is not the one concerned as the Minister; and
b
as references to the one concerned as the Minister alone, if he is also the appropriate Minister;
and similarly with references to the Minister of Transport and the appropriate Minister.
;
and for purposes of that Act the “ appropriate Minister ” —
i
in relation to statutory undertakers carrying on an undertaking for the supply of electricity, gas or hydraulic power, shall be the Secretary of State for Trade and Industry;
ii
in relation to aerodromes of the British Airports Authority, shall be the Board of Trade or that Secretary of State;
iii
in relation to statutory undertakers carrying on an undertaking for the supply of water, shall in the application of the Act to Wales be the Secretary of State for Wales;
iv
in all other cases, except that of the Post Office, shall be the Secretary of State for the Environment.
2
The New Towns (Scotland) Act 1968 shall have effect as if for section 47(3) there were substituted the following subsection: —
3
Any reference in this Act to the Secretary of State and the appropriate Minister shall, in a case where the Secretary of State for Scotland is the appropriate Minister, be construed as a reference to that Secretary of State and, in any other case, be construed as a reference to the Secretary of State for Scotland and the appropriate Minister.
;
and for purposes of that Act the “ appropriate Minister ” —
i
in relation to statutory undertakers carrying on an undertaking for the supply of gas or hydraulic power, shall be the Secretary of State for Trade and Industry;
ii
in relation to aerodromes of the British Airports Authority, shall be the Board of Trade or that Secretary of State;
iii
in relation to statutory undertakers carrying on an undertaking for the supply of water or electricity, shall be the Secretary of State for Scotland;
iv
in other cases, except that of the Post Office, shall be the Secretary of State for the Environment.
Enactments relating to housing
7
1
The functions expressed to be conferred on the Minister by section 138(3) of the Housing Act 1957 in relation to authorities or councils of which one or more but not all are in Wales, and the functions expressed to be conferred on him by section 143(1) of that Act, shall be exercised jointly by the Secretaries of State respectively concerned with housing in England and Wales.
2
Paragraph 10(1) in Part II of Schedule 1 to the Secretary of State for Wales and Minister of Land and Natural Resources Order 1965 shall cease to have effect.
8
The power under section 1(2) of the Housing Act 1964 to give directions of either a general or a particular character as to the exercise and performance of the functions of the Housing Corporation shall be exercised —
a
where the directions concern the exercise and performance of those functions in England and Wales but not in Scotland, by the Secretaries of State respectively concerned with housing in England and in Wales jointly; and
b
where the directions concern the exercise or performance of those functions in England only, in Wales only or in Scotland only, by the Secretary of State concerned with housing in England, Wales or Scotland, as the case may be.
Enactments relating to water
9
1
In the Water Acts 1945 and 1948 as amended by or under any other enactment and in the Water Resources Act 1963 as so amended any reference to the Secretary of State (including any reference which is to be construed as such a reference) shall have effect as a reference to the Secretary of State for Wales; but in the Water Resources Act 1963 the references (as originally enacted) to the Minister of Transport in section 19(4) (d) and (e) and in paragraph 4(e) and (f) of Schedule 7 shall have effect as references to the Board of Trade or Secretary of State for Trade and Industry.
2
For purposes of the Water Act 1948 the “ appropriate Minister ” shall be —
a
in relation to statutory undertakers being statutory water undertakers, in the application of the Act to Wales the Secretary of State for Wales; and
b
in relation to statutory undertakers carrying on an undertaking for the supply of electricity, gas or hydraulic power, the Secretary of State for Trade and Industry; and
c
in any other case, the Secretary of State for the Environment.
3
In Schedule 7 to the Water Resources Act 1963 —
a
in paragraph 16 there shall be omitted sub-paragraph (a) and sub-paragraph (c)(i) together with the preceding “either” , and in sub-paragraph (b)(i) for the words “as so applied” there shall be substituted the words “as applied by section 19 or section 20 of this Act or by Part III of this Schedule” ; and
b
in paragraph 17, at the end of sub-paragraph (1) there shall be added the words “in relation to a case falling within sub-paragraph (b), and a reference to the Minister acting jointly with the Board of Trade or Secretary of State for Trade and Industry in relation to a case falling within sub-paragraph (c)(ii)” , and sub-paragraph (2) shall be omitted.
10
1
In section 28(1) of the Gas Act 1965, in the definition of “Minister concerned with water resources” the references in paragraphs (a), (b) and (c) to the Minister of Housing and Local Government and to the Secretary of State shall have effect respectively as references to the Secretary of State for the Environment and to the Secretary of State for Wales, and the reference in paragraph (d) to the Secretary of State shall have effect as a reference to the Secretary of State for Scotland.
2
In section 15(8) of the Gas Act 1965, and in paragraph 7 of Schedule 4 to that Act, in the expression “the Minister and the Minister concerned with water resources”, the reference to the Minister shall have effect as a reference to the Secretary of State for the time being discharging the functions expressed to be conferred on the Minister by that Act; and regulations under paragraph 7 of Schedule 3 to that Act shall be made jointly by that Secretary of State and the Secretary of State concerned as planning Minister.
Enactments relating to docks and harbours
11
1
In section 16(1)(b) and (3)(b) of the Harbours Act 1964, and in the definition of “marine work” in section 57(1) of that Act, references to the Minister and to the Secretary of State shall have effect as references to the Secretary of State for the time being concerned with harbours generally and the Secretary of State for Scotland; and section 17(1)(d), (f) and (i) and section 17(4) shall have effect only in relation to the procedure for making orders under the powers relating to marine works.
2
This Order shall not be taken to exclude from the operation of section 26(5)(c) or 36(c) of the Harbours Act 1964 any person within it at the coming into operation of this Order.
3
For purposes of Schedules 3 and 5 to the Harbours Act 1964 the “ appropriate Minister ” within the meaning of paragraph 6 of Schedule 3 shall be —
a
in relation to lighthouse undertakings, the Board of Trade or Secretary of State;
b
in relation to an undertaking the activities whereof consist in the improvement, maintenance or management of a fishery harbour, the Minister of Agriculture, Fisheries and Food or, in relation to Wales, that Minister and the Secretary of State acting jointly;
c
in any other case, except that of the Post Office, the Secretary of State.
12
In the Docks and Harbours Act 1966 —
a
in section 8(1) and (3) the references (as originally enacted) to the Minister of Labour shall have effect as references to the Secretary of State for Employment;
b
in section 30(1) the reference to the Minister of Transport shall have effect as a reference to the Secretary of State for the Environment;
c
in section 58(2) the reference to the Secretary of State shall have effect as a reference to the Secretary of State for Scotland.
Other enactments
13
In the Land Drainage Act 1930, in section 41, the reference in subsection (1) to the Minister of Transport shall have effect as a reference to the Secretary of State for the Environment, and the reference in subsection (7) to the Board of Trade as a reference to the Board of Trade or the Secretary of State for Trade and Industry.
14
In the Local Government Act 1933 there shall be substituted for section 249(2) and (3) the following subsections: —
2
The confirming authority in relation to byelaws made under this section shall be the Secretary of State and, as respects byelaws relating to public health or to any other matter which in the opinion of the Secretaries of State in question concerns the functions of the Secretary of State for the Environment rather than those of the Secretary of State otherwise concerned, shall be the Secretary of State for the Environment.
3
The validity of a byelaw made under this section and confirmed by a Secretary of State shall not be questioned in any legal proceedings on the ground that it ought to have been, or on the ground that it ought not to have been, confirmed by the Secretary of State for the Environment.
;
and in section 250(10) the references to the Minister shall accordingly have effect as references to the Secretary of State for the Environment.
15
1
For purposes of the Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 the “ appropriate Minister ” in relation to lighthouse undertakings shall be the Board of Trade or the Secretary of State and in any other case, except that of the Post Office, shall be the Secretary of State .
2
In Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 the words “the Secretary of State” shall be substituted —
a
in paragraph 11(1) for the words “the Minister of Agriculture and Fisheries (in the case of a common or of a fuel or field garden allotment) or the Minister of Town and Country Planning (in the case of an open space not being a common or such an allotment)” , and in paragraph 11(2) for the words “the Minister having jurisdiction to give the certificate” and for the words “the said Minister” ; and
b
in paragraph 12 for the words “the Minister of Works” and the words “the Minister” .
16
For purposes of the Civil Aviation Act 1949 the “ appropriate Minister ” in relation to lighthouse undertakings shall be the Board of Trade or the Secretary of State and in any other case, except that of the Post Office, shall be the Secretary of State.
17
In the Rag Flock and Other Filling Materials Act 1951 the references (as originally enacted) in sections 8(1) and 30 to the Minister of Local Government and Planning and the Secretary of State shall have effect as references to the Secretary of State for the Environment and the Secretary of State for Scotland, and section 15(4) and (5) shall apply accordingly.
18
1
In section 81(12)(a) of the Highways Act 1959 (which provides that in certain cases a highway authority shall not serve a notice without the consent of the Minister of Works) after the word “service” there shall be inserted the words “by a local highway authority” .
2
For purposes of section 254(6) of the Highways Act 1959 the “ appropriate Minister ” shall be, except in relation to the Post Office, the Secretary of State .
19
1
In section 9(1) of the Public Health Act 1961 the first reference to the Minister shall have effect as a reference to the Secretary of State for the time being charged with the exercise of the power to make building regulations and the Secretary of State for Wales acting jointly.
2
In section 49 of the Public Health Act 1961 the references (as originally enacted) to the Minister of Transport and to the Minister of Power shall have effect as references respectively to the Secretary of State for the Environment and to the Secretary of State for Trade and Industry.
20
1
In section 63(7) of the Transport Act 1962 any reference to the Secretary of State shall have effect as a reference to the Secretary of State for Scotland.
2
In section 86 of the Transport Act 1962 after subsection (6), there shall be inserted as a new subsection: —
6A
In Scotland any question to be determined by the Minister under subsection (4) above and any appeal under subsection (5) shall be determined by the Secretary of State for the Environment and the Secretary of State for Scotland jointly.
21
1
For purposes of the Pipe-lines Act 1962 the “ appropriate Minister ” in relation to lighthouse undertakings shall be the Board of Trade or the Secretary of State and in any other case, except that of the Post Office, shall be the Secretary of State.
2
In section 15(6) of the Pipe-lines Act 1962 the reference to the Minister and the Minister of Transport acting jointly shall have effect as a reference to the Secretary of State for the time being discharging the functions expressed to be conferred on the Minister by that Act acting jointly with the Secretary of State for the Environment (as regards England), with the Secretary of State for Wales (as regards Wales) or with the Secretary of State for Scotland (as regards Scotland).
22
In section 18(4) of the Airports Authority Act 1965 the reference to the Minister shall have effect as a reference to the Board of Trade or Secretary of State for Trade and Industry, and the reference to the Minister of Housing and Local Government or Secretary of State as a reference to the Secretary of State for the time being having general responsibility in planning matters in relation to England, Wales or Scotland, as the case may be.
23
1
In section 115(2) of the General Rate Act 1967 references to the Secretary of State shall have effect as references to the Secretary of State for Wales, and the reference to the Minister of Housing and Local Government shall have effect as a reference to such other Secretary of State as may for the time being be discharging functions expressed to be conferred by that Act on the Minister.
2
In paragraphs 13(b) of Schedule 6 and 15(b) of Schedule 7 to the General Rate Act 1967 the references (as originally enacted) to the Minister of Power shall have effect as references to the Secretary of State for Trade and Industry.
24
In the Road Traffic Regulation Act 1967 —
a
in section 7(2) the reference to the Secretary of State shall have effect as a reference to the Secretary of State for the Home Department; and
b
in sections 54(1), 55(1) and 71(2) references to the Minister and the Secretary of State acting jointly shall have effect as references to those Secretaries of State acting jointly that are for the time being charged with general responsibility under the Act in relation to England, Wales and Scotland respectively, and section 107 shall apply accordingly.
25
In the Transport Act 1968 —
a
in section 137(3)(a) the reference to the Minister shall have effect as a reference to the Secretary of State for the Environment or, in relation to the Scottish Group, the Secretary of State for Scotland; and
b
in section 144 any reference to the Minister shall have effect as a reference to the Secretary of State for the Environment.
SCHEDULE 4
REPEALS
Article 5(3)
Enactment Extent of repeal
The Crown Lands Act 1851 (c. 42) In section 15 the words from “in conjunction” to “such person” , except the words “and shall” . The Promissory Oaths Act 1868 (c. 72). In the Schedule, in Part I, the words “Chief Commissioner of Works and Public Buildings” . The Ministry of Transport Act 1919 (c. 50).
Sections 1 and 2, but without prejudice to the operation of the reference in section 20(1) to the purposes of that Act.
In section 24 the words “or of the Minister of Health” .
Sections 25, 26 and 28.
Section 30(2), except the definition of “tramway” and that of “transport services by water”, and so much of the latter definition as follows the word “sea” .
The Ancient Monuments Act 1931 (c. 16).
In section 7(3) the words “after consultation with the Commissioners” .
In Schedule 1, in paragraph 3, the words from “and after” to “Transport” and, in paragraph 6, the words “after consulting the Minister of Health” .
The Minister of Works Act 1942 (c. 23).
Sections 1 to 3.
Section 5(4).
Section 6, except subsection (4).
The Minister of Town and Country Planning Act 1943 (c. 5).
Sections 1 to 7.
Section 9 down to the words “him, and” .
Section 11.
Schedule 2.
The Ministers of the Crown (Transfer of Functions) Act 1946 (c. 31). Section 6 and Schedule 2. The Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49). In section 8(1) the definition of “appropriate Minister”. The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42). In section 7(1) the definition of “appropriate Minister”. The Crown Proceedings Act 1947 (c. 44). Section 39(2). The Town and Country Planning (Scotland) Act 1947 (c. 53). In section 113(1) the definition of “appropriate Minister”. The Water Act 1948 (c. 22) In section 15(1) the definition of “appropriate Minister”. The Civil Aviation Act 1949 (c. 67) In section 63(1) the definition of “appropriate Minister”. The Rag Flock and Other Filling Materials Act 1951 (c. 63). In section 6(5) and in section 7(5) the words “in England or Wales, to the Minister of Local Government and Planning and, in Scotland,” . The House of Commons Disqualification Act 1957 (c. 20). In Schedule 2, as amended, the entries for the Ministers of Housing and Local Government, of Public Building and Works and of Transport and for the Parliamentary Secretaries to those Ministers. The Opencast Coal Act 1958 (c. 69) In sections 51(1) and 52(1) the definitions of “appropriate Minister”. The Highways Act 1959 (c. 25)
Section 16(2)(b), together with the “and” at the end of paragraph (a).
Section 17(2).
Section 225(3).
Section 254(7).
The Ministers of the Crown (Parliamentary Secretaries) Act 1960 (9 &10 Eliz. 2. c. 6). In Schedule 1 the entry for the Ministry of Transport Act 1919. The Town and Country Planning Act 1962 (c. 38).
In section 19, in subsection (2)(a) the words “(or, in the case of development falling within the next following subsection, the Minister of Transport)” and subsection (3), but without prejudice to the continuance in force of any order made or having effect as if made by virtue of subsection (3).
Section 155(2) from “with the substitution” onwards.
In section 217, the subsection (3A) inserted by the Town and Country Planning Act 1968.
In section 221(1) the definition of “the appropriate Minister”.
The Transport Act 1962 (c. 46) In section 86, in subsection (4) and in subsection (6) the words “and the Minister of Transport” , in subsection (5) the words “and any such appeal shall be determined by the Minister and the Minister of Transport” , and in subsection (8) the words “`Minister' and” , the words “respectively the Minister of Housing and Local Government and” and the words “the Secretary of State and” . The Pipe-lines Act 1962 (c. 58) In section 66(1) the definition of “appropriate Minister”. The Harbours Act 1964 (c. 40) In Schedule 3 in paragraph 6(2) the definition of “the appropriate Minister,” and in paragraphs 10(2), 11(2), 15(2) and 16(2) the words “(except in paragraph 6(2))” . The Ministers of the Crown Act 1964 (c. 98). In Schedule 2, in Part II, in the Schedule there set out, the entries for the Ministers of Housing and Local Government, of Public Building and Works and of Transport, and for the Parliamentary Secretaries to those Ministries. The Ministerial Salaries and Members' Pensions Act 1965 (c. 11). In Schedule 4 the entries for the Minister of Works Act 1942 and the Minister of Town and Country Planning Act 1943. The Airports Authority Act 1965 (c. 16). Section 19(1) from “and in” onwards. The Ministerial Salaries Consolidation Act 1965 (c. 58). In Schedule 1 the entries for the Ministers, and in relation to Parliamentary Secretaries Ministries, of Housing and Local Government, of Public Building and Works and of Transport. The New Towns Act 1965 (c. 59) In section 54(1) the definition of “the appropriate Minister”. The Industrial Development Act 1966 (c. 34). In section 20(4) the words from the first “the” to the last “and” . The Parliamentary Commissioner Act 1967 (c. 13). In Schedule 2, the entries for the Ministries of Housing and Local Government, of Public Building and Works and of Transport. The New Towns (Scotland) Act 1968 (c. 16). In section 47(1) the definition of “the appropriate Minister”. The Town and Country Planning Act 1968 (c. 72).
Section 77.
Sections 88 and 89.
In section 90(6) the words from the first “means” to the last “Wales” .
In Schedule 9, paragraph 52(c). |
The Consular Relations (Merchant Shipping) (French Republic) Order 1970
At the Court at Buckingham Palace, the 17th day of December 1970
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
1
This Order may be cited as the Consular Relations (Merchant Shipping) (French Republic) Order 1970 and shall come into operation on 1st January 1971.
2
The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
3
1
The French Republic is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences).
2
For the purposes of the said section as applied by virtue of paragraph (1) of this Article a ship shall be treated as belonging to the French Republic if it is registered under the law of the French Republic.
3
Nothing in this Order shall apply to any ship of war.
W. G. Agnew |
The Consular Relations (Merchant Shipping) (Japan) Order 1970
At the Court at Buckingham Palace, the 17th day of December 1970
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 4, 5, 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
1
This Order may be cited as the Consular Relations (Merchant Shipping) (Japan) Order 1970 and shall come into operation on 1st January 1971.
2
1
For the purposes of Articles 3 and 4 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 5 of this Order a ship shall be treated as belonging to Japan if it is carrying the papers required by the law of Japan in proof of Japanese nationality.
2
Nothing in this Order shall apply to any ship of war.
3
The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
3
Proceedings relating to the remuneration or any contract of service of the master or a member of the crew of any ship belonging to Japan shall not be entertained by any court in the United Kingdom unless a consular officer of Japan has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced.
4
Where an offence is alleged to have been committed on board any ship belonging to Japan by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of Japan shall not be entertained by any court in the United Kingdom, unless —
a
the offence is alleged to have been committed —
i
by or against a person who is a citizen of the United Kingdom and Colonies, a citizen of Southern Rhodesia, a British subject by virtue of section 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or
ii
against a person other than the master or a member of the crew; or
b
the offence is one involving the tranquillity or safety of a port, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs; or
c
the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence.
5
Japan is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences).
W. G. Agnew |
The Double Taxation Relief (Taxes on Income) (Austria) Order 1970
At the Court at Buckingham Palace, the 17th day of December 1970
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order was laid before the Commons House of Parliament in accordance with the provisions of section 347(6) of the Income Tax Act 1952, and an Address has been presented to Her Majesty by that House praying that an Order may be made in the terms of this Order:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 347(1) of the said Income Tax Act 1952, as amended by section 39 and section 64 of the Finance Act 1965, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Austria) Order 1970.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in the Schedule to this Order have been made with the Government of the Republic of Austria with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Austria; and
b
that it is expedient that those arrangements should have effect.
W. G. Agnew
SCHEDULE
CONVENTION BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE REPUBLIC OF AUSTRIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
The United Kingdom of Great Britain and Northern Ireland and the Republic of Austria;
Desiring to conclude a new Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income;
Have agreed as follows:
Personal scope
ARTICLE 1
This Convention shall apply to persons who are residents of one or both of the Contracting States.
Taxes covered
ARTICLE 2
1
The taxes which are the subject of this Convention are;
a
in the United Kingdom of Great Britain and Northern Ireland;
i
the income tax (including surtax);
ii
the corporation tax; and
iii
the capital gains tax;
b
in Austria:
i
the income tax (die Einkommensteuer);
ii
the corporation tax (die Körperschaftsteuer);
iii
the contribution from income for the promotion of residential building and for the equalisation of family burdens (der Beitrag vom Einkommen zur Förderung des Wohnbaues und für Zwecke des Familienlastenausgleiches);
iv
the contribution from income to the emergency fund (der Katastrophen-fondsbeitrag vom Einkommen);
v
the directors' tax (die Aufsichtstratsabgabe);
vi
the tax on commercial and industrial enterprises, including the tax levied on the sum of wages (die Gewerbesteuer einschliesslich der Lohnsummensteuer);
vii
the special tax on income (die Sonderabgabe vom Einkommen).
2
This Convention shall also apply to any identical or substantially similar taxes which are imposed by either Contracting State after the date of signature of this Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify to each other any changes which are made in their respective taxation laws.
General definitions
ARTICLE 3
1
In this Convention, unless the context otherwise requires:
a
the term “ United Kingdom ” means Great Britain and Northern Ireland, including any area outside the territorial sea of the United Kingdom which in accordance with international law has been or may hereafter be designated, under the laws of the United Kingdom concerning the Continental Shelf, as an area within which the rights of the United Kingdom with respect to the sea bed and sub-soil and their natural resources may be exercised;
b
the term “ Austria ” means the Republic of Austria;
c
the term “ nationals ” means:
i
in relation to the United Kingdom, all citizens of the United Kingdom and Colonies who derive their status as such from their connection with the United Kingdom and all legal persons, partnerships and associations deriving their status as such from the law in force in the United Kingdom;
ii
in relation to Austria, all Austrian nationals and all legal persons, partnerships, associations and other entities deriving their status as such from the law in force in Austria;
d
the terms “ a Contracting State ” and “ the other Contracting State ” means the United Kingdom or Austria, as the context requires;
e
the term “person” comprises an individual, a company and any other body of persons;
f
the term “ company ” means any body corporate or any entity which is treated as a body corporate for tax purposes;
g
the terms “ enterprise of a Contracting State ” and “ enterprise of the other Contracting State ” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
h
the term “ competent authority ” means, in the case of the United Kingdom the Commissioners of Inland Revenue or their authorised representative, and in the case of Austria the Federal Ministry of Finance.
2
Where under any provision of this Convention income is relieved from Austrian tax, and under the law in force in the United Kingdom, an individual, in respect of the said income, is subject to tax by reference to the amount thereof which is remitted to or received in the United Kingdom and not by reference to the full amount thereof, then the relief to be allowed under this Convention in Austria shall apply only to so much of the income as is remitted to or received in the United Kingdom.
3
As regards the application of this Convention by a Contracting State any term not otherwise defined shall, unless the context otherwise requires, have the meaning which it has under the laws of that Contracting State relating to the taxes which are the subject of this Convention.
Fiscal domicile
ARTICLE 4
1
For the purposes of this Convention, the term “ resident of a Contracting State ” means, subject to the provisions of paragraphs (2) and (3) of this Article, any person who, under the law of that State, is liable to taxation therein by reason of his domicile, residence, place of management or any other criterion of a similar nature; the term does not include any individual who is liable to tax in that Contracting State only if he derives income from sources there in. The terms “ resident of the United Kingdom ” and “ resident of Austria ” shall be construed accordingly.
2
where by reason of the provisions of paragraph (1) of this Article an individual is a resident of both Contracting States, then his status shall be determined in accordance with the following rules:
a
he shall be deemed to be a resident of the Contracting State in which he has a permanent home available to him.If he has a permanent home available to him in both Contracting States, he shall be deemed to be a resident of the Contracting State with which his personal and economic relations are closest (centre of vital interests);
b
if the Contracting State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either Contracting State, he shall be deemed to be a resident of the Contracting State in which he has an habitual abode;
c
if he has an habitual abode in both Contracting States or in neither of them, he shall be deemed to be a resident of the Contracting State of which he is a national;
d
if he is a national of both Contracting States or of neither of them, the competent authorities of the Contracting States shall endeavour to settle the question by mutual agreement.
3
Where by reason of the provisions of paragraph (1) of this Article a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the Contracting State in which its place of effective management is situated.
Permanent establishment
ARTICLE 5
1
For the purposes of this Convention, the term “ permanent establishment ” means a fixed place of business in which the business of the enterprise is wholly or partly carried on.
2
The term “ permanent establishment ” shall include especially:
a
a place of management;
b
a branch;
c
an office;
d
a factory;
e
a workshop;
f
a mine, quarry or other place of extraction of natural resources;
g
a building site or construction or assembly project which exists for more than twelve months.
3
The term “permanent establishment” shall not be deemed to include:
a
the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
b
the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
c
the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
d
the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or for collecting information, for the enterprise;
e
the maintenance of a fixed place of business solely for the purpose of advertising, for the supply of information, for scientific research or for similar activities which have a preparatory or auxiliary character, for the enterprise.
4
A person acting in a Contracting State on behalf of an enterprise of the other Contracting State — other than an agent of an independent status to whom the provisions of paragraph (5) of this Article apply — shall be deemed to be a permanent establishment in the first-mentioned State if he has, and habitually exercises in that State, an authority to conclude contracts in the name of the enterprise, unless his activities are limited to the purchase of goods or merchandise for the enterprise.
5
An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on business in that other State through a broker, general commission agent or any other agent of an independent status, where such persons are acting in the ordinary course of their business.
6
The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.
Income from immovable property
ARTICLE 6
1
Income from immovable property may be taxed in the Contracting State in which such property is situated.
2
a
The term “ immovable property ” shall, subject to the provisions of sub-paragraph (b) below, be defined in accordance with the law of the Contracting State in which the property in question is situated.
b
The term “ immovable property ” shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships, boats and aircraft shall not be regarded as immovable property.
3
The provisions of paragraph (1) of this Article shall apply to income derived from the direct use, letting, or use in any other form of immovable property.
4
The provisions of paragraphs (1) and (3) of this Article shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of professional services.
Business profits
ARTICLE 7
1
The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment.
2
Where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing at arm's length with the enterprise of which it is a permanent establishment.
3
In the determination of the profits of a permanent establishment, there shall be allowed as deductions expenses of the enterprise (other than expenses which would not be deductible if the permanent establishment were a separate enterprise) which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere.
4
In so far as it has been customary in a Contracting State, according to its law, to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total income of the enterprise to its various parts, nothing in paragraph (2) of this Article shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles of this Article.
5
No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise.
6
For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary.
7
Where profits include items which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article.
8
The term “ profits ” as used in this Article includes the profits derived by any partner from his participation in a partnership including in the case of Austria from participation in a sleeping partnership (Stille Gesellschaft) created under Austrian law.
Shipping and air transport
ARTICLE 8
1
A resident of a Contracting State shall be taxable only in that Contracting State on profits from the operation of ships or aircraft other than profits from voyages of ships or aircraft confined solely to places in the other Contracting State.
2
In respect of the operation of ships or aircraft in international traffic a resident of the United Kingdom shall be exempt from any Austrian taxes on capital.
Associated enterprises
ARTICLE 9
Where
a
an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State; or
b
the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State;
and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
Dividends
ARTICLE 10
1
Dividends paid by a company being a resident of a Contracting State which are beneficially owned by a resident of the other Contracting State may be taxed in that other State.
2
However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident, and according to the law of that State, but the tax so charged shall not exceed 15 per cent of the gross amount of the dividends.
3
The term “ dividends ” as used in this Article means income from shares, jouissance shares or jouissance rights, mining shares, founders' shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights assimilated to income from shares by the taxation law of the State of which the company making the distribution is a resident and also includes any other item (other than interest or royalties relieved from tax under the provisions of Article 11 or Article 12 of this Convention) which, under the law of the Contracting State of which the company paying the dividend is a resident, is treated as a dividend or distribution of a company.
4
The provisions of paragraphs (1) and (2) of this Article shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, has in the other Contracting State, of which the company paying the dividends is a resident, a permanent establishment and the holding by virtue of which the dividends are paid is effectively connected with a business carried on through that permanent establishment. In such a case, the provisions of Article 7 shall apply.
5
If the beneficial owner of a dividend being a resident of a Contracting State owns 10 per cent or more of the class of shares in respect of which the dividend is paid then the relief from tax provided for in paragraph (2) of this Article shall not apply to the dividend to the extent that it can have been paid only out of profits which the company paying the dividend earned or other income which it received in a period ending twelve months or more before the relevant date. For the purposes of this paragraph the term “ relevant date ” means the date on which the beneficial owner of the dividend became the owner of 10 per cent or more of the class of shares in question. Provided that this paragraph shall not apply if the shares were acquired for bona fide commercial reasons and not primarily for the purpose of securing the benefit of this Article.
6
Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company and beneficially owned by persons who are not residents of that other State, or subject the company's undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in that other State.
Interest
ARTICLE 11
1
Interest derived and beneficially owned by a resident of a Contracting State shall be taxable only in that State.
2
The term “ interest ” as used in this Article means income from Government securities, bonds or debentures, whether or not secured by mortgage and whether or not carrying a right to participate in profits, and other debt-claims of every kind as well as all other income assimilated to income from money lent by the taxation law of the State in which the income arises.
3
The provisions of paragraph (1) of this Article shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, has in the other Contracting State a permanent establishment and the debt-claim from which the interest arises is effectively connected with a business carried on through that permanent establishment. In such a case, the provisions of Article 7 shall apply.
4
Any provision of the law of one of the Contracting States which relates only to interest paid to a non-resident company with or without any further requirement, or which relates only to interest payments between inter-connected companies with or without any further requirement, shall not operate so as to require such interest paid to a company which is a resident of the other Contracting State to be left out of account as a deduction in computing the taxable profits of the company paying the interest as being a dividend or distribution.
5
The exemption from tax provided for in paragraph (1) of this Article shall not apply to interest on any form of debt-claim dealt in on a stock exchange where the beneficial owner of the interest:
a
does not bear tax in respect thereof in the Contracting State of which it is a resident; and
b) sells (or makes a contract to sell
the debt-claim from which such interest is derived within three months of the date on which such beneficial owner acquired such debt-claim.
6
Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest paid, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Convention.
7
The provisions of this Article shall not apply if the debt-claim in respect of which the interest is paid was created or assigned mainly for the purpose of taking advantage of this Article and not for bona fide commercial reasons.
Royalties
ARTICLE 12
1
Subject to the provisions of paragraph (2) of this Article, royalties derived and beneficially owned by a resident of a Contracting State shall be taxable only in that State.
2
Where royalties paid by a company which is a resident of a Contracting State are beneficially owned by a company which is a resident of the other Contracting State and controls directly or indirectly more than 50 per cent of the voting power of the company paying the royalties, those royalties may, notwithstanding the provisions of paragraph (1) of this Article, be taxed in the first-mentioned State, but the tax so charged shall not exceed 10 per cent of the gross amount of the royalties.
3
The term “ royalties ” as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including cinematograph films, and films or tapes for radio or television broadcasting), any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.
4
The provisions of paragraphs (1) and (2) of this Article shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, has in the other Contracting State a permanent establishment and the right or property giving rise to the royalties is effectively connected with a business carried on through that permanent establishment. In such a case, the provisions of Article 7 shall apply.
5
Any provisions of the law of a Contracting State which requires royalties paid by a company to be left out of account as a deduction in computing the company's taxable profits because they are treated as a dividend or distribution shall not operate in relation to royalties paid to a resident of the other Contracting State. The preceding sentence shall not however apply if the right or property giving rise to the royalties was created or assigned mainly for the purpose of taking advantage of the provisions of this Article and not for bona fide commercial reasons.
6
where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties paid, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Convention.
Capital gains
ARTICLE 13
1
Capital gains from the alienation of immovable property, as defined in paragraph (2) of Article 6, may be taxed in the Contracting State in which such property is situated.
2
Capital gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing professional services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base, may be taxed in the other State.
3
Notwithstanding the provisions of paragraph (2) of this Article, capital gains derived by a resident of a Contracting State from the alienation of ships and aircraft operated in international traffic and movable property pertaining to the operation of such ships and aircraft shall be taxable only in that Contracting State.
4
Capital gains from the alienation of any property other than those mentioned in paragraphs (1), (2) and (3) of this Article shall be taxable only in the Contracting State of which the alienator is a resident.
5
Notwithstanding the provisions of paragraph (4) of this Article, a Contracting State may impose tax on capital gains from the alienation of movable property if the alienator:
a
was a resident of that Contracting State at any time within a period of three years preceding the alienation; and
b
is a resident of the other Contracting State at the time the alienation is made; and
c
is not subject to tax on the gains from the alienation in that other State.
Independent personal services
ARTICLE 14
1
Income derived by a resident of a Contracting State in respect of professional services or other independent activities of a similar character shall be taxable only in that State unless he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities. If he has such a fixed base, the income may be taxed in the other Contracting State but only so much of it as is attributable to that fixed base.
2
The term “ professional services ” includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects and accountants.
Employments
ARTICLE 15
1
Subject to the provisions of Article 16, 18, 19, 20 and 21, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.
2
Notwithstanding the provisions of paragraph (1) of this Article, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if:
a
the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in the fiscal year concerned of that other State; and
b
the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and
c
the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State.
3
Notwithstanding the preceding provisions of this Article, remuneration in respect of an employment exercised aboard a ship or aircraft in international traffic may be taxed in the Contracting State of which the person deriving the profits from the operation of the ship or aircraft is a resident.
Directors' fees
ARTICLE 16
Directors' fees and similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State.
Artistes and athletes
ARTICLE 17
Notwithstanding the provisions of Articles 14 and 15, income derived by public entertainers, such as theatre, motion picture, radio or television artistes, and musicians, and by athletes, from their personal activities as such may be taxed in the Contracting State in which those activities are exercised.
Pensions
ARTICLE 18
1
Subject to the provisions of paragraphs (1) and (2) of Article 19, pensions and other similar remuneration paid in consideration of past employment to a resident of a Contracting State and any annuity paid to such a resident shall be taxable only in that State.
2
The term “ annuity ” means a stated sum payable periodically at stated times during life or during a specified or ascertainable period of time under an obligation to make the payments in return for adequate and full consideration in money or money's worth.
Governmental functions
ARTICLE 19
1
Remuneration or pensions paid out of public funds of the United Kingdom or Northern Ireland or of the funds of any local authority in the United Kingdom to any individual in respect of present or past services rendered to the Government of the United Kingdom or Northern Ireland or a local authority in the United Kingdom shall be taxable only in the United Kingdom unless the individual is an Austrian national without also being a United Kingdom national.
2
Remuneration or pensions paid by, or out of funds created by, Austria or a political subdivision or a local authority thereof to any individual in respect of present or past services rendered to Austria or a political subdivision or a local authority thereof, shall be taxable only in Austria unless the individual is a national of the United Kingdom without also being an Austrian national.
3
The provisions of paragraphs (1) and (2) of this Article shall not apply to remuneration or pensions in respect of services rendered in connection with any trade or business.
Students
ARTICLE 20
1
Payments which a student or business apprentice who is or was formerly a resident of a Contracting State and who is present in the other Contracting State solely for the purpose of his education or training receives for the purpose of his maintenance, education or training shall not be taxed in that other State, provided that such payments are made to him from sources outside that other State.
2
Remuneration which a student or business apprentice who is or was formerly a resident of a Contracting State derives from an employment which he exercises in the other Contracting State for a period or periods not exceeding in the aggregate 183 days in the fiscal year concerned shall not be taxed in that other State if the employment is directly related to his studies or apprenticeship.
Teachers
ARTICLE 21
A professor or teacher who visits a Contracting State for a period not exceeding two years for the purpose of teaching at a university, college, school or other educational institution in that Contracting State and who is, or was immediately before that visit, a resident of the other Contracting State shall be exempt from tax in the first-mentioned Contracting State on any remuneration for such teaching.
Income not expressly mentioned
ARTICLE 22
Items of income of a resident of a Contracting State which are not expressly mentioned in the foregoing Articles of this Convention shall be taxable only in that State.
Adjustment of withholding tax
ARTICLE 23
Where tax has been deducted at the source from dividends, interest or royalties in excess of the amount of tax chargeable in accordance with the provisions of Article 10, 11 or 12 the excess amount of tax shall be refunded upon application being made to the competent authority concerned within three years of the end of the calendar year in which the dividends, interest or royalties were payable.
Elimination of double taxation
ARTICLE 24
1
Subject to the provisions of the law of the United Kingdom regarding the allowance as a credit against United Kingdom tax of tax payable in a territory outside the United Kingdom (which shall not affect the general principle hereof) Austria tax payable under the laws of Austria and in accordance with this Convention, whether directly or by deduction, on profits, income or chargeable gains from sources within Austria (excluding in the case of a dividend, tax payable in respect of the profits out of which the dividend is paid) shall be allowed as a credit against any United Kingdom tax computed by reference to the same profits, income or chargeable gains by reference to which Austrian tax is computed. For the purpose of this paragraph, the term “ Austrian tax ” shall not include the tax on commercial and industrial enterprises (die Gewerbesteuer) computed on a basis other than profits.
2
Where a resident of Austria derives income from sources within the United Kingdom which, in accordance with the provisions of this Convention, may be taxed in the United Kingdom, Austria shall allow as a deduction from the tax on the income of that person, an amount equal to the tax on income paid in the United Kingdom. The deduction shall not, however, exceed that part of the tax on income as computed before the deduction is given, which is appropriate to the income which may be taxed in the United Kingdom.
3
For the purposes of paragraphs (1) and (2) of this Article income, profits and capital gains owned by a resident of a Contracting State which may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other Contracting State.
Personal allowances
ARTICLE 25
1
Subject to the provisions of paragraph (3) of this Article, individuals who are residents of Austria shall be entitled to the same personal allowances, reliefs and reductions for the purposes of United Kingdom tax as British subjects not resident in the United Kingdom.
2
Subject to the provisions of paragraph (3) of this Article, individuals who are residents of the United Kingdom shall be entitled to the same personal allowances, reliefs and reductions for the purposes of Austrian tax as Austrian nationals not resident in Austria.
3
Nothing in this Convention shall entitle an individual who is a resident of a Contracting State and whose income from the other Contracting State consists solely of dividends, interest or royalties (or solely of any combination thereof) to the personal allowances, reliefs and reductions of the kind referred to in this Article for the purposes of taxation in that other Contracting State.
Non-discrimination
ARTICLE 26
1
The nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected.
2
The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprise of that other State carrying on the same activities.
3
Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of that first-mentioned State are or may be subjected.
4
In determining for the purpose of United Kingdom tax whether a company is a close company, the term “ recognised stock exchange ” shall include any stock exchange in Austria which is a stock exchange within the meaning of the Austrian law relating to stock exchanges.
5
Nothing contained in this Article shall be construed as a obliging either Contracting State to grant to individuals not resident in that State any of the personal allowances, reliefs and reductions for tax purposes on account of civil status or family responsibilities which are granted to individuals so resident, nor as conferring any exemption from tax in a Contracting State in respect of dividends paid to a company which is a resident of the other Contracting State.
Mutual agreement procedure
ARTICLE 27
1
Where a resident of a Contracting State considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with this Convention, he may, notwithstanding the remedies provided by the national laws of those States, present his case to the competent authority of the Contracting State of which he is a resident.
2
The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an appropriate solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention.
3
The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention.
4
The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs.
Exchange of information
ARTICLE 28
The competent authorities of the Contracting States shall exchange such information (being information which is at their disposal under their respective taxation laws in the normal course of administration) as is necessary for carrying out the provisions of this Convention or for the prevention of fraud or the administration of statutory provisions against legal avoidance in relation to the taxes which are the subject of this Convention. Any information so exchanged shall be treated as secret but may be disclosed to persons (including a court or administrative body) concerned with assessment and collection of taxes which are the subject of this Convention. No information shall be exchanged which would disclose any trade, business, industrial or professional secret or any trade process, or the disclosure of which would be contrary to public policy.
Territorial extension
ARTICLE 29
1
This Convention may be extended, either in its entirety or with modifications, to any territory for whose international relations the United Kingdom is responsible and which imposes taxes substantially similar in character to those to which this Convention applies. Any such extension shall take effect from such date and subject to such modifications and conditions, including conditions as to termination, as may be specified and agreed between the Contracting States in notes to be exchanged through diplomatic channels.
2
Unless otherwise agreed by both Contracting States, the termination of this Convention shall terminate the application of this Convention to any territory to which it has been extended under the provisions of this Article.
Entry into force
ARTICLE 30
1
This Convention shall be ratified and the instruments of ratification shall be exchanged at Vienna as soon as possible.
2
This Convention shall enter into force upon the exchange of the instruments of ratification and shall thereupon have effect:
a
in the United Kingdom:
i
as respects income tax (including surtax) and capital gains tax, for any year of assessment beginning on or after 6th April, 1969; and
ii
as respects corporation tax, for any financial year beginning on or after 1st April, 1969;
b
in Austria:
for any taxable year beginning on or after 1st January, 1969.
3
Subject to the provisions of paragraph (4) of this Article the Convention between the United Kingdom of Great Britain and Northern Ireland and the Republic of Austria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Incomes signed at Vienna on 20th July, 1956 shall cease to have effect as respects taxes to which this Convention in accordance with the provisions of paragraph (2) of this Article applies.
4
Where any provision of the Convention signed on 20th July, 1956 would have afforded any greater relief from tax any such provision as aforesaid shall continue to have effect for any year of assessment, financial year or taxable year beginning before the entry into force of this Convention.
5
The provisions of sub-paragraphs (a) and (b) of paragraph (2) of this Article, of paragraph (3) of this Article and of paragraph (4) of this Article shall not apply in relation to dividends but the provisions of this Convention shall have effect, and the provisions of the Convention signed on 20th July, 1956 shall cease to be effective, in relation to dividends payable after the expiration of thirty days following the date of entry into force of this Convention.
6
The Convention signed on 20th July, 1956 shall terminate on the last date on which it has effect in accordance with the foregoing provisions of this Article.
Termination
ARTICLE 31
This Convention shall remain in force until denounced by one of the Contracting States. Either Contracting State may denounce the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year after the year 1974. In such event, the Convention shall cease to have effect:
a
in the United Kingdom:
i) as respects income tax (including surtax
and capital gains tax, for any year of assessment beginning on or after 6th April in the calendar year next following that in which the notice is given;
ii
as respects corporation tax, for any financial year beginning on or after 1st April in the calendar year next following that in which the notice is given;
b
in Austria;
for any taxable year beginning on or after 1st January in the calendar year next following that in which the notice is given.
In witness whereof the undersigned, duly authorised thereto, have signed this Convention.
Done in duplicate at London this 30th day of April 1969, in the English and German languages, both texts being equally authoritative.
For the United Kingdom of Great Britain and Northern Ireland:
CHALFONT
For the Republic of Austria:
JOSEF SCHöNER |