Agriculture (Miscellaneous Provisions) Act 1944

JurisdictionUK Non-devolved
Citation1944 c. 28


Agriculture (Miscellaneous Provisions) Act, 1944

(7 & 8 Geo. 6.) CHAPTER 28.

An Act to provide for the establishment of a National Agricultural Advisory Service, and for increasing the resources of the Agricultural Mortgage Corporation and the Scottish Agricultural Securities Corporation, and otherwise to amend the law relating to agriculture and matters connected therewith.

[27th July 1944]

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:—

S-1 National Agricultural Advisory Service.

1 National Agricultural Advisory Service.

(1) The Minister of Agriculture and Fisheries (hereafter in this Act referred to as ‘the Minister’) shall, as from the appointed day, establish and maintain a National Agricultural Advisory Service for giving free of charge technical advice and instruction, whether practical or scientific, on agricultural matters, and may appoint for that purpose such officers and other staff as he may with the approval of the Treasury determine.

(2) As from the day fixed for the purposes of this subsection, there shall be transferred and attached to the Ministry of Agriculture and Fisheries all such persons as have made an application in that behalf in such manner and within such time as may be prescribed by regulations made by the Minister, being persons who were on the twenty-third day of August, nineteen hundred and thirty-nine, employed in a whole-time capacity either—

(a ) by the council of any county wholly or mainly on or in connection with the giving of advice or education on agricultural matters; or

(b ) at any university or agricultural college on or in connection with the giving of specialist advice on agricultural matters other than agricultural economics;

and who between then and the date of their application have been continuously employed as aforesaid or, while not so employed, have been engaged in a whole-time capacity in war service or partly engaged in war service and partly employed as mentioned in paragraph (a ) or (b ) of this subsection:

Provided that, where the Minister receives an application under this subsection from an officer or servant of a county council, or a person engaged in war service who ceased to be such an officer or servant in order to undertake such service, he shall inform the council of the receipt of the application, and, if on representations made to him within one month thereafter he is satisfied that the applicant's services should be retained by the council in order to enable the council to discharge their functions in connection with agricultural education, the applicant shall not be transferred under this subsection.

The day fixed for the purposes of this subsection shall be the appointed day or such earlier day as the Minister may fix in any particular case or, in the case of persons engaged in war service on the appointed day, such later day as the Minister may fix in any particular case.

(3) There shall be paid to persons appointed or transferred under this section such salaries or remuneration as the Minister may, with the approval of the Treasury, determine.

(4) Part I of the Schedule to this Act shall have effect with respect to the compensation of officers and servants of county councils who are not entitled to be transferred to the Ministry of Agriculture and Fisheries on an application made for the purpose under subsection (2) of this section, and Part II of that Schedule shall have effect with respect to the superannuation benefits of persons transferred under that subsection who are or have been officers or servants of county councils.

(5) The expenses of the Minister under this section (including the salaries and other remuneration payable to persons appointed or transferred under this section) shall be defrayed out of moneys provided by Parliament.

(6) In this section the following expressions have the meanings hereby respectively assigned to them:—

‘agriculture’ includes dairy farming, livestock breeding, poultry farming, bee keeping, fruit growing, vegetable growing and horticulture; and the expression ‘agricultural’ shall be construed accordingly;

‘appointed day’ means such day as may be appointed by order of the Minister;

‘war service’ means service in His Majesty's forces and any employment which the Minister considers may properly be treated for the purposes of subsection (2) of this section in the same manner as service in those forces.

S-2 Increase of resources of Agricultural Mortgage Corporation.

2 Increase of resources of Agricultural Mortgage Corporation.

(1) The Minister may agree with the Agricultural Mortgage Corporation formed for the purposes of Part I of the Agricultural Credits Act, 1928 (hereafter in this section referred to as ‘the Corporation’) that, if the Memorandum and Articles of the Corporation are altered so as to contain the provisions hereafter mentioned in this section, he will for the purpose of increasing the Corporation's guarantee fund make advances to the Corporation not exceeding in the aggregate, with the advances made by him to that fund under the said Part I, two million five hundred thousand pounds and on the same conditions as to repayment and as to payment of interest as the last-mentioned advances.

Any sums required for the purpose of making advances under this subsection shall be issued out of the Consolidated Fund or the growing produce thereof at such times and to such amounts as the Treasury think fit; and any sums paid by the Corporation by way of repayment of or interest on any such advances shall be paid into the Exchequer.

(2) If the Memorandum and Articles of the Corporation are altered as aforesaid, the maximum amount of the payment which may be made out of moneys provided by Parliament by the Minister to the Corporation under section thirty-two of the Agricultural Development Act, 1939 , in the year in which they are so altered or any subsequent year shall be one hundred and fifty thousand pounds instead of sixty thousand pounds.

(3) The provisions to be contained in the Memorandum or Articles as above mentioned are provisions—

(a ) for securing that, so long as any part of the advances made by the Minister to the guarantee fund (whether under the said Part I or under this section) remains outstanding, two of the directors shall be persons nominated by the Minister and that the number of directors shall not exceed five in addition to the two persons so nominated and the person nominated by the Treasury in accordance with the said Part I;

(b ) for restricting the dividends on the share capital of the Corporation for any year at the beginning of which any part of the said advances remains outstanding to three and a half per cent. per annum, and for providing that the dividend for any such year shall not be cumulative so as to be payable in a later year;

(c ) for securing that in any year after the year nineteen hundred and fifty-eight in which the total reserves exceed twelve and a half per cent. of the liabilities of the Corporation there shall be allocated to the repayment of the guarantee fund one half of the profits remaining after payment of the maximum dividend on the share capital, and that for this purpose the reserves shall be taken to include, and the liabilities shall be taken to exclude, the guarantee fund and the share capital.

(4) The provisions above referred to may be included in the Memorandum or Articles notwithstanding anything in subsection (3) of section two of the Agricultural Credits Act, 1928, or anything in the Companies Act, 1929 ; and any alterations of the Memorandum for the purpose of inserting any of those provisions, and any alterations thereof declared by the Minister in giving his approval under subsection (2) of the said section two to be incidental to or consequential on their insertion, may be made by special resolution without being confirmed by an order of the court under section five of the Companies Act, 1929, and shall take effect as soon as made and approved by the Minister:

Provided that subsections (6) and (7) of the said section five (providing for delivery to the registrar of companies of copies of the order confirming an alteration in the Memorandum of a company and of a printed copy of the Memorandum as altered) shall apply as if any references to an office copy of the order confirming the alteration were a reference to a certified copy of the Minister's approval and the reference to the date of that order were a reference to the date of that approval.

S-3 Minimum time rates of wages for agricultural workers employed on piece work.

3 Minimum time rates of wages for agricultural workers employed on piece work.

(1) The power conferred by subsection (1) of section two of the Agricultural Wages (Regulation) Act, 1924 , as amended by or under any subsequent enactment (hereafter in this section referred to as ‘the Act of 1924’), to fix minimum rates of wages for workers employed in agriculture for piece work shall include power to fix minimum time rates to apply in the case of workers employed on piece work for the purpose of securing to such workers a minimum rate of remuneration on a time work basis:

Provided that the minimum time rate for piece work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of the Act of 1924.

(2) Any minimum time rate for piece work may (without prejudice to the powers of fixing special rates conferred by subsection (2) of the said section...

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