Agricultural Lime Scheme 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/903 |
| Year | 1964 |
1964 No. 903
AGRICULTURE
The Agricultural Lime Scheme 196419thJune 1964
25thJune 1964
1stAugust 1964
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland and in Northern Ireland, in exercise of the powers vested in them by section 1 of the Agriculture Act 1937(a), as amended by section 27 of the Agriculture (Miscellaneous War Provisions) Act 1940(b), and section 1 of the Agriculture (Miscellaneous Provisions) Act 1943(c) and amended and extended by section 97 of the Agriculture Act 1947(d) and of all other powers enabling them in that behalf, with the approval of the Treasury, hereby make the following Scheme.
Citation and Commencement
1. This Scheme may be cited as the Agricultural Lime Scheme 1964 and shall come into operation on 1st August 1964.
Revocation of Previous Scheme
2. The Agricultural Lime Scheme 1947(e), the Agricultural Lime (Amendment) Scheme 1951(f), the Agricultural Lime (Amendment) Scheme 1953(g), the Agricultural Lime (Amendment) Scheme 1955(h), and the Agricultural Lime (Amendment) Scheme 1960(i) are hereby revoked.
Interpretation
3.—(1) In this Scheme, unless the context otherwise requires—
"agricultural land" means any land used as arable, meadow or pasture ground, or for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the Allotments Act 1922(j) or the Allotments (Scotland) Act 1922(k), or any land wholly or mainly cultivated for the production of vegetables or fruit;
"approved association" means an association which has been approved by the Ministers for the purposes of this Scheme;
"approved supplier" means a supplier of lime who has been approved by the Ministers for the purposes of and in accordance with the provisions of this scheme;
(a) 1 Edw. 8 & 1 Geo. 6. c. 70.
(b) 3 & 4 Geo. 6. c. 14.
(c) 6 & 7 Geo. 6. c. 16.
(e) S.R. & 0. 1947/1829 (Rev. I, p. 127: 1947 I, p. 10).
(f) S.I. 1951/513 (1951 I, p. 9).
(g) S.I. 1953/597 (1953 I, p. 16).
(h) S.I. 1955/473 (1955 I, p. 63).
(i) S.I. 1960/546 (1960 I, p. 107).
"association" means
(i) an association of occupiers or any other similar association, being an association registered under the Industrial and Provident Societies Acts 1893 to 1961 or the Industrial and Provident Societies Acts (Northern Ireland) 1893 to 1963 or which has written rules governing its constitution and management, and being an association which purchases lime in bulk for redistribution to its members, or
(ii) any such council as is mentioned in section 21 of the Land Settlement (Facilities) Act 1919(a) or any local authority within the meaning of section 22 of the Land Settlement (Scotland) Act 1919(b), being a council or local authority which sells lime to occupiers of land within its district;
"the Ministers" means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland and in Northern Ireland;
"occupier" means an occupier of agricultural land in the United Kingdom or any other person having an interest in such land;
"quality" in relation to any lime means the neutralising value and degree of fineness of that lime.
(2) The Interpretation Act 1889(c) shall apply to the interpretation of this Scheme as it applies to the interpretation of an Act of Parliament and as if this Scheme and the Schemes hereby revoked were Acts of Parliament.
Circumstances in which Contributions may be made
4.—(1) Contributions may be made in accordance with and subject to the provisions of this Scheme towards the cost incurred by an occupier in acquiring and transporting any one of the kinds of lime referred to in column 1 of Part I of Schedule 1 to this Scheme for the purpose of adding it to agricultural land in the United Kingdom, being land which is in his occupation or in which he has an interest, in order to improve the fertility of the soil and in spreading it on such land, or towards the cost incurred by an approved association in acquiring and transporting any one or more of the kinds of lime aforesaid and the cost incurred in spreading such lime.
(2) No contributions shall be made in respect of any lime which has been produced outside the United Kingdom or which, before delivery to the occupier or to the approved association, as the case may be, has been mixed artificially with any other material.
(3) No contributions shall be made in respect of any lime purchased from any person other than an approved supplier.
(4) No contributions shall be made in respect of any lime purchased from an approved supplier other than lime to which the certificate of approval (hereinafter referred to) of that approved supplier extends or lime in respect of which the Ministers have given their consent in pursuance of paragraph 9(7)(a) of this Scheme.
(5) No contributions shall be made in respect of a quantity of lime of less than two tons.
(a) 9 & 10 Geo. 5. c. 59.
(b) 9 & 10 Geo. 5. c. 97.
(c) 52 & 53 Vict. c. 63.
(6) No contributions shall be made under the scheme in respect of any lime which has been delivered to an occupier or an approved association before the coming into operation of this Scheme.
(7) No contributions shall be made until the lime has been spread on agricultural land and then only if it has been so spread within a period of six months or such longer period as the Ministers may in exceptional circumstances allow from the date of its delivery to an occupier or to an approved association. Provided that the Ministers may substitute for the said period of six months a period of nine months where the lime is first used in the growing of mushrooms and a period of twelve months where the lime is first used for the covering of silage if in either case the occupier or approved association has at the time of applying for contribution declared to the Ministers that it was intended so to use the lime.
(8) No contributions shall be made in respect of any lime, the addition of which to the land appears to the Ministers to be or to have been excessive and unreasonable in the particular circumstances.
Rates of Contributions
5.—(1) A contribution in respect of the acquisition and spreading of any one of the kinds of lime referred to in column 1 of Part I of Schedule 1 to this Scheme may be made at the rate appearing in column 4 of the said Part I which is appropriate according to the neutralising value and any degree of fineness appearing respectively in column 2 and 3 of the said Part I or at the rate mentioned in Part II of the said Schedule, together with any additional contributions, in accordance with the said Schedule, as may be appropriate in the particular circumstances.
(2) A contribution in respect of the transport of any one of the kinds of lime referred to in the preceding sub-paragraph may be made in accordance with the provisions of Schedule 2 to this Scheme.
(3) The amount of any contribution in respect of the acquisition, spreading and transport of lime shall not exceed three quarters of the total net cost incurred by the applicant in respect of those items.
(4) Any question whether, in relation to an application for contribution, any lime is or is not of a particular kind or quality referred to in Part I of Schedule 1 to this Scheme shall be determined by the Ministers.
Applications for Contributions
6.—(1) An application for a contribution shall be made in such manner and in such form as the Ministers may from time to time require.
(2) (a) An application for a contribution shall be made within three months of the delivery of the lime to the applicant or within such longer period as the Ministers may, in exceptional circumstances, allow.
(b) If the lime shall not have been spread on agricultural land at the time when the application is made the applicant shall notify the Ministers in writing within 21 days after the expiration of the period allowed for spreading by virtue of the provisions of paragraph 4(7) of this Scheme, or within such longer period as the Ministers may in exceptional circumstances allow, of the fact that it has been so...
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