Agriculture Act 1947

Title and introductory text

Agriculture Act 1947 1947 c. 48 An Act to make further provision for agriculture. [6th August 1947]

1 Provisions for securing efficient agricultural production and proper agricultural conditions.

(1) The following provisions of this Part of this Act shall have effect for the purpose of promoting and maintaining, by the provision of guaranteed prices and assured markets for the produce mentioned in the First Schedule to this Act, a stable and efficient agricultural industry capable of producing such part of the nation’s food and other agricultural produce as in the national interest it is desirable to produce in the United Kingdom, and of producing it at minimum prices consistently with proper remuneration and living conditions for farmers and workers in agriculture and an adequate return on capital invested in the industry. (2) This Part of this Act shall extend to Scotland and Northern Ireland.

2 † Annual and special reviews of condition of agricultural industry.

(1) As at such date in each year as the Ministers may determine, they shall review the general economic condition and prospects of the agricultural industry. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In holding any review under this section the Ministers shall consult with such bodies of persons as appear to them to represent the interests of producers in the agricultural industry.

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8 Interpretation of Part I.

(1) In this Part of this Act the expression “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State concerned with agriculture in Scotland and Northern Ireland, acting jointly . . . (2) Reference in this Part of this Act to the provision of guaranteed prices for producers shall include references to the provision of payments to them (whether by reference to acreage or otherwise) in respect of produce mentioned in the First Schedule to this Act, as an alternative to the provision of guaranteed prices.

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10 Good estate management.

(1) For the purposes of this Act, an owner of agricultural land shall be deemed to fulfil his responsibilities to manage it in accordance with the rules of good estate management in so far as his management of the land and (so far as it affects the management of that land) of other land managed by him is such as to be reasonably adequate, having regard to the character and situation of the land and other relevant circumstances, to enable an occupier of the land reasonably skilled in husbandry to maintain efficient production as respects both the kind of produce and the quality and quantity thereof. (2) In determining whether the management of land is such as aforesaid, regard shall be had, but without prejudice to the generality of the provisions of the last foregoing subsection, to the extent to which the owner is providing, improving, maintaining and repairing fixed equipment on the land in so far as is necessary to enable an occupier of the land reasonably skilled in husbandry to maintain efficient production as aforesaid. (3) The responsibilities under the rules of good estate management of an owner of land in the occupation of another person shall not in relation to the maintenance and repair of fixed equipment include an obligation to do anything which that other person is under an obligation to do by virtue of any agreement.

11 Good husbandry.

(1) For the purposes of this Act, the occupier of an agricultural unit shall be deemed to fulfil his responsibilities to farm it in accordance with the rules of good husbandry in so far as the extent to which and the manner in which the unit is being farmed (as respects both the kind of operations carried out and the way in which they are carried out) is such that, having regard to the character and situation of the unit, the standard of management thereof by the owner and other relevant circumstances, the occupier is maintaining a reasonable standard of efficient production, as respects both the kind of produce and the quality and quantity thereof, while keeping the unit in a condition to enable such a standard to be maintained in the future. (2) In determining whether the manner in which a unit is being farmed is such as aforesaid, regard shall be had, but without prejudice to the generality of the provisions of the last foregoing subsection, to the extent to which— (a) permanent pasture is being properly mown or grazed and maintained in a good state of cultivation and fertility and in good condition; (b) the manner in which arable land is being cropped is such as to maintain that land clean and in a good state of cultivation and fertility and in good condition; (c) the unit is properly stocked where the system of farming practised requires the keeping of livestock, and an efficient standard of management of livestock is maintained where livestock are kept and of breeding where the breeding of livestock is carried out; (d) the necessary steps are being taken to secure and maintain crops and livestock free from disease and from infestation by insects and other pests; (e) the necessary steps are being taken for the protection and preservation of crops harvested or lifted, or in course of being harvested or lifted; (f) the necessary work of maintenance and repair is being carried out. (3) The responsibilities under the rules of good husbandry of an occupier of an agricultural unit which is not owned by him shall not include an obligation to carry out any work of maintenance or repair which the owner of the unit or any part thereof is under an obligation to carry out in order to fulfil his responsibilities to manage in accordance with the rules of good estate management.

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58 Contributions by Minister to losses incurred by smallholdings authorities.

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59 Winding-up of Small Holdings and Allotments Account.

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†67 Application and repeal of provisions of Small Holdings and Allotments Acts, 1908 to 1931.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Subject to the foregoing provisions of this Part of this Act, the said Acts, . . . are hereby repealed in so far as they relate to smallholdings: Provided that— (a) without prejudice to subsection (1) of section 16 of the Interpretation Act 1978 (which relates to the effect of repeals), the provisions of the said Acts specified in the first column of Part II of the Eighth Schedule to this Act, which relate to the matters specified in that column, shall continue in operation to the extent specified in the second column of the said Part II, but subject to any modification so specified; (b) nothing in this subsection shall affect the provisions of the said Acts relating to the acquisition, and to proceedings in relation to the acquisition, of land for the purposes of small holdings as those provisions apply, by virtue of section seventeen of the Land Settlement (Facilities) Act 1919, to the acquisition of land by county councils for allotments.

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73 Establishment, constitution and procedure of Agricultural Land Tribunal.

(1) For Wales, there shall continue to be an Agricultural Land Tribunal with the duty of hearing and determining references and applications made to the Agricultural Land Tribunal under any enactment. (2) The provisions in that behalf of the Ninth Schedule to this Act shall have effect as to the constitution of the Agricultural Land Tribunal and otherwise in relation thereto. (3) The Lord Chancellor may by order make provision for the procedure of the Agricultural Land Tribunal, and in particular— (aa) as to the manner in which applications are to be made to the Agricultural Land Tribunal and the time within which they are made; (a) for the taking of evidence on oath, affirmation or otherwise, the cross-examination of witnesses, and for the summoning of witnesses in like manner as for the purposes of an arbitration under the Agricultural Holdings Act 1986; (b) for the recording and proof of the decisions of the Agricultural Land Tribunal, and for enabling the Agricultural Land Tribunal to decide by a majority; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) for the transfer of proceedings for the purposes of section 42 of the Agricultural Holdings Act 1986 (procedure where deceased held more than one holding), where the determination of associated applications concerns one or more holdings in Wales and one or more holdings in England. (4) An order under the last foregoing subsection may make different provision for the procedure on different classes of reference or application to the Agricultural Land Tribunal . (5) The Agricultural Land Tribunal may, for the purpose of hearing and determining applications and references made to them under any enactment, sit in two or more divisions, and, in relation to the hearing and determination of any such application or reference by such a division, that division shall be deemed to be the Tribunal.

74 Proceedings before Agricultural Land Tribunal on reference of Minister’s proposals.

(1) In any case where by any of the provisions of this Act a person is empowered to require that a proposal of the Minister to take any action shall be referred to the Agricultural Land Tribunal, then if within the prescribed time and in the prescribed manner the said person so requires, the proposal shall be referred accordingly. (2) On any such reference the Tribunal shall determine— (a) whether the conditions as to which the Minister must be satisfied before taking the action are fulfilled, and (b) whether, having regard to their determination under the foregoing paragraph and to all the circumstances of the case, the Minister should or should not take the action proposed, and shall report to the Minister accordingly; and the Minister shall forward a copy of the report to any person who availed himself of an opportunity to make representations to the Minister afforded to him under the provisions in question of this Act. (3) In any such case as is mentioned in subsection (1) of this section the Minister shall not give effect to the proposal until the expiration of the period within which a reference to the Tribunal may be required. (4) Where such a reference is duly required the Minister shall act in accordance with the report of the Tribunal and not otherwise. (5) Forthwith after taking action in any such case as is mentioned in subsection (1) of this section the Minister shall serve notice thereof in writing on any person who under the provisions in question of this Act was entitled to be afforded an opportunity to make representations to the Minister.

75 Provisions where some land is in Wales and some is in England and transfer of proceedings

(1) Where any land lies partly in Wales and partly in England, for the purposes of anything required or authorised to be done by or before the appropriate tribunal in relation to that land, the land shall be deemed to be situated entirely in the place where the greater part of the land lies. (2) Tribunal Procedure Rules may make provision for the transfer of proceedings to or from the First-tier Tribunal where, after the making of the application, section 42 of the Agricultural Holdings Act 1986 (procedure where deceased held more than one holding) applies to the determination of associated applications. (3) For the purposes of subsection (1), “appropriate tribunal” means— (a) where the land (or the greater part of the land) is in England, the First-tier Tribunal; and (b) where the land (or the greater part of the land) is in Wales, the Agricultural Land Tribunal.

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79 Information as to dealings in land used for agriculture.

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80 Restriction on disclosure of information.

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82 Powers of Minister to acquire land by agreement.

(1) The Minister may acquire by agreement— (a) any land used for agriculture; (b) any other land falling within the definition in this Act of the expression agricultural land; (c) where any such land as aforesaid is offered to the Minister for acquisition by him on the condition that he also acquires other land not falling within the two foregoing paragraphs, that other land; (d) any other land as respects which power is conferred on the Minister by this Act to purchase the land compulsorily in accordance with the provisions of this Act in that behalf. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83 Acquisition by Minister of land for research, experiment and demonstration.

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84 Acquisition of land by Minister to ensure full and efficient use thereof.

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86 Control of subdivision of agricultural units.

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88 Transfer to Minister of land vested in other Government departments.

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89 Transfer of land from Land Settlement Associations to Minister.

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90 Powers of management, etc., of land acquired by Minister.

(1) The Minister may manage, farm, sell, let or otherwise deal with or dispose of land acquired by him— (a) in such manner as appears to him expedient for the purpose for which the land was acquired; or (b) if he is satisfied that the land ought to be devoted to some other purpose, in such manner as appears to him expedient therefor: Provided that— (i) the Minister shall not sell land acquired by him except where it appears to him that, having regard t o the use proposed to be made of the land, it is expedient that it should be sold by him; (ii) this section shall have effect subject to any restrictions imposed by or under any enactment on the powers of the Minister. (2) The powers of management conferred on the Minister by subsection (1) of this section shall include power to provide such facilities for the welfare of tenants of, or other persons employed in agriculture on, land managed by him as the Minister thinks expedient.

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92 Procedure for compulsory purchase of land.

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