Agriculture (Miscellaneous Provisions) Act 1949
| Jurisdiction | UK Non-devolved |
Agriculture (Miscellaneous Provisions) Act , 1949
(12, 13 & 14 Geo. 6) CHAPTER 37
An Act to amend the law relating to agriculture, including certain enactments relating to milk and dairies.
[31st May 1949]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Schemes for subsidy payments in respect of calves.
(1) The appropriate Minister may, in accordance with a scheme made by him with the approval of the Treasury, make, out of moneys provided by Parliament, payments in respect of calves of such descriptions as may be specified in the scheme, being calves born during the period beginning with the twenty-first day of August, nineteen hundred and forty-seven and ending with the first day of October, nineteen hundred and forty-nine, and reared to such age as may be so specified.
(2) Subject to the provisions of the next following section, any payment falling to be made in accordance with any such scheme as aforesaid in respect of any calf shall be made to the person who is the owner of the calf at the time when it is certified in accordance with the scheme as eligible for such a payment.
(3) The amount that may be paid under any such scheme as aforesaid in respect of a calf shall—
(a ) in the case of a steer calf, be four pounds; and
(b ) in the case of a heifer calf, be three pounds.
(4) The appropriate Minister may, with the approval of the Treasury, by order provide for extending the powers conferred by the preceding provisions of this section so as to enable schemes to be made thereunder in respect of calves born during the period beginning with the second day of October, nineteen hundred and forty-nine, and ending with such date not later than the thirtieth day of September, nineteen hundred and fifty-one, as may be specified in the order, and any such order may modify the rates of payment to be made under any such scheme and may provide for fixing different rates in respect of different classes or descriptions of calves.
(5) A scheme made under this section may be a separate scheme for England and Wales or for Scotland or for Northern Ireland, or may be a joint scheme for all three countries or for any two of those countries.
2 Supplementary provisions as to calf subsidy schemes.
(1) A scheme made under the preceding section may contain provisions—
(a ) for securing that no payment under the scheme shall be made unless application therefor is made at the time and in the manner specified in the scheme;
(b ) providing for the certification and marking of calves in respect of which an application for any such payment is made;
(c ) generally for securing that payments under the scheme are properly made; and
(d ) for prohibiting the assignment of any right to a payment under the scheme;
and may contain such incidental and supplementary provisions as appear to the appropriate Minister to be requisite or expedient for the purposes of the scheme.
(2) If any person, with intent to deceive, alters or defaces a mark placed on a calf in pursuance of any such scheme, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
(3) If any person obstructs any person in the marking, in accordance with any such scheme, of a calf in respect of which an application for a payment under that scheme has been made, he shall be liable on summary conviction to a fine not exceeding five pounds.
(4) The power to make such a scheme and the power to make an order under subsection (4) of the preceding section shall be construed as including power to vary or revoke the scheme or order by a subsequent scheme or order.
(5) The power to make, vary or revoke such a scheme shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The power to make, vary or revoke an order under subsection (4) of the preceding section shall be exercisable by statutory instrument, and no such order shall be made unless a draft thereof has been laid before Parliament and has been approved by a resolution of each House of Parliament.
3 Provisions as to imported calves.
(1) With a view to ensuring that payments under any scheme made under the preceding provisions of this Act are properly made, the appropriate Minister may by order provide (subject to such exceptions, if any, as may be specified in the order) for the marking of calves imported or brought into the United Kingdom.
(2) If any person—
(a ) contravenes or fails to comply with an order made under the preceding subsection; or
(b ) with intent to deceive alters or defaces a mark placed on a calf in pursuance of an order so made;
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
4 Payments by Minister in respect of certain artificial insemination services.
(1) Where any centre providing services of artificial insemination for cattle (hereafter in this section referred to as a ‘cattle insemination centre’) in respect of which a licence is or was for the time being in force under section seventeen of the Agriculture (Miscellaneous Provisions) Act, 1943, provides or has provided, during the period beginning with the first day of October, nineteen hundred and forty-seven and ending with the thirty-first day of March, nineteen hundred and fifty-one, a service of artificial insemination from beef bulls of such breeds as may be approved by the appropriate Minister, being a service provided free of charge or for charges lower than the lowest charges made for any such service provided by that centre from any other bulls,—
(a ) the appropriate Minister may, with the consent of the Treasury, make out of moneys provided by Parliament payments to the person maintaining the centre not exceeding, in the case of a service free of charge, the amounts which would have been payable by persons availing themselves of the service if it had been provided for the same charges as the lowest charges aforesaid or, in any other case, the difference between such amounts as aforesaid and the amounts actually paid or payable by such persons as aforesaid; and
(b ) if, as respects the whole or any part of the said period, a grant under section two of the Agriculture (Artificial Insemination) Act, 1946, is not or was not payable in respect of the centre providing the service aforesaid, the appropriate Minister may, with the consent of the Treasury, make out of moneys provided by Parliament additional payments to the person maintaining the centre not exceeding the total amount of the expenses which the Minister is satisfied have been reasonably incurred in providing the said service during the said period or, as the case may be, that part thereof, less the amount of any payments made under the preceding paragraph in respect of such provision and, where the service is not free of charge, the amounts paid or payable by persons availing themselves of the service.
(2) Where any such service as aforesaid is or has been provided by any such cattle insemination centre with semen furnished by any other such centre directly, or through another such centre, the appropriate Minister may apportion between the centres concerned the payments that would otherwise have been made under the preceding subsection to the first-mentioned centre.
(3) The appropriate Minister may give to the person maintaining any such cattle insemination centre directions requiring him to provide such a service as aforesaid during any period specified in the directions (being a period in respect of which payments may be made under this section), and the directions may specify the extent and nature of the service to be provided.
(4) Payments made under this section shall be taken into account in calculating, for the purposes of the Agriculture (Artificial Insemination) Act, 1946, the losses incurred in the operation of any cattle insemination centre.
5 Power of Ministers to make schemes for subsidising grass and forage crop conservation.
(1) The appropriate Minister may, with the approval of the Treasury, make schemes for the provision, out of moneys provided by Parliament—
(i) of financial assistance by way of grant or loan, subject to such conditions as may be specified in the scheme, to the following persons—
in respect of expenses incurred, during the period beginning with the twenty-first day of August, nineteen hundred and forty-seven, and ending with the thirty-first day of March, nineteen hundred and fifty-two, in the conservation of grass and forage crops; and
(ii) of financial assistance by way of loan, subject to such conditions as aforesaid, to any person in respect of expenses incurred during the said period in the acquisition or installation of plant or equipment for the artificial drying of grass or forage crops.
(2) A scheme made under this section may, in...
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