Agriculture (Miscellaneous Provisions) Act 1941
| Jurisdiction | UK Non-devolved |
| Citation | 1941 c. 50 |
| Year | 1941 |
Agriculture (Miscellaneous Provisions) Act, 1941.
(4 & 5 Geo. 6.) CHAPTER 50.
An Act to amend the law relating to agriculture (including bee-keeping) and agricultural land.
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 Amendment as to period for making Exchequer contributions towards purchases of lime and basic slag and abolition of functions of Land Fertility Committee.
(1) Section one of the Agriculture Act, 1937 (which authorises Exchequer contributions towards purchases of lime and basic slag), shall have effect as if for subsection (3) thereof (which prohibits the making of contributions after the thirty-first day of July, nineteen hundred and forty, subject to a power to postpone the date for not more than two successive periods of one year), there were substituted the following subsection:—
(3) Contributions shall not be made under this section towards any cost incurred in respect of basic slag by an occupier of agricultural land after the thirty-first day of July, nineteen hundred and forty-one, or towards any cost incurred in respect of lime by an occupier of agricultural land after the thirty-first day of July, nineteen hundred and forty-four.’
(2) Section two of the said Act (which provides for the appointment and functions of the Land Fertility Committee) shall cease to have effect, and the Land Fertility Committee shall cease to exercise any functions in relation to the Land Fertility Scheme, and those functions, except so far as they are of an advisory character, shall be exercised by the Ministers as defined by section thirty-two of the said Act.
(3) This section shall be deemed to have come into operation on the first day of August, nineteen hundred and forty-one.
2 Amendment as to period for making Exchequer grants towards land drainage expenditure.
(1) Section fifteen of the Agriculture Act, 1937 (which authorises Exchequer grants towards expenditure incurred by drainage authorities), shall have effect as if for subsection (3) thereof (which prohibits the making of grants after the thirty-first day of July, nineteen hundred and forty, subject to a power to postpone the date for not more than two successive periods of one year) there were substituted the following subsection:—
(3) Grants shall not be made under this section towards any expenditure incurred by an authority after the thirty-first day of July, nineteen hundred and forty-four.’
(2) This section shall be deemed to have come into operation on the first day of August, nineteen hundred and forty-one.
3 Exchequer contributions towards expenditure on supply of water to agricultural land.
3. Section fifteen of the Agriculture (Miscellaneous War Provisions) Act, 1940, as amended by section one of the Agriculture (Miscellaneous War Provisions) (No. 2) Act, 1940(which authorises Exchequer grants towards expenditure on the field drainage of agricultural land and the improvement of ditches on any such land), shall have effect as if after the words ‘improvement of ditches on any such land’ there were inserted the words ‘or for the supply of water to any such land.’
4 Power of Minister to make advances towards expenditure of drainage authorities.
4. The Minister may, out of moneys provided by Parliament, make advances of such amounts and subject to such conditions as may be approved by the Treasury to any drainage authority towards expenditure to be incurred by the authority in carrying out any drainage scheme or in preparing or carrying out any scheme approved by him under section fourteen of the Agriculture (Miscellaneous War Provisions) Act, 1940, being expenditure towards which it appears to the Minister that a grant will be made under section fifteen of the Agriculture Act, 1937, or under the said section fourteen, as the case may be.
5 Extension of powers as to drainage schemes.
(1) Section fourteen of the Agriculture (Miscellaneous War Provisions) Act, 1940 (which enables schemes to be prepared by Catchment Boards for the drainage of certain agricultural land), shall apply in relation to land within a local drainage district as it applies in relation to land not within such a district, and accordingly, in subsection (1) of the said section fourteen, the words ‘but not within any drainage district other than a catchment area’ are hereby repealed:
Provided that no scheme prepared by a Catchment Board under the said section fourteen shall provide for the drainage of land within a local drainage district except with the consent of the drainage board for that district or of the Minister.
(2) A scheme may be prepared under the said section fourteen by a Catchment Board for draining any land notwithstanding that they are of opinion that the cost of preparing and carrying out the scheme will exceed an amount equal to five pounds for each acre of the land, so long as they are of opinion that the said cost will not exceed an amount equal to ten pounds for each acre thereof, and accordingly in paragraph (a of the said section fourteen for the words ‘five pounds’ there shall be substituted the words ‘ten pounds.’
(3) Any increase in any grant payable under subsection (7) of the said section fourteen which is ascribable to the foregoing provisions of this section shall be paid out of moneys provided by Parliament.
(4) Where the area of a scheme prepared under the said section fourteen by a Catchment Board (whether before or after the commencement of this Act) includes land not within a local drainage district, the Catchment Board shall, until the expiration of three years from the end of the war period, have power to maintain and work any works executed under the scheme and shall for that purpose have all the powers which they have by virtue of the Land Drainage Act, 1930 , in relation to the main river; and the Land shall, on demand made of any person who at the time of the demand occupies any of the land comprised in the area of the scheme, be entitled to recover from him as a debt the amount apportioned to the land so occupied by him of any expenses incurred by the Board for the maintenance or working of those works, being expenses incurred before the expiration of three years from the end of the war period.
Any apportionment under this subsection shall be made on the basis set out in the scheme for the apportionment of the net cost of the scheme, and any amount recoverable under this subsection may, without prejudice to any other mode for the recovery thereof, be recovered summarily as a civil debt.
(5) The provisions of the said section fourteen and of the Fifth Schedule to the said Act, as set out with adaptations and modifications in the First Schedule to this Act, shall have effect for the purpose of enabling the drainage board of any local drainage district to exercise in relation to land within that district similar powers to those exercisable by Catchment Boards under the said section fourteen, subject, however, in the case of an internal drainage board to the supervision and control of the Catchment Board provided for by section seven of the Land Drainage Act, 1930.
(6) This section shall be deemed to have come into operation on the fifth day of August, nineteen hundred and forty-one, and anything done or purporting to be done under or by virtue of paragraphs (4), (4a ) and (4b ) of Regulation sixty-two C of the Defence (General) Regulations, 1939, shall be deemed to have been done or to have purported to have been done under or by virtue of the foregoing provisions of this section.
6 Recovery of expenses of certain drainage works.
(1) Where work for the drainage of any agricultural land has been done (whether before or after the passing of this Act) under the authority of the Minister in the exercise of powers conferred by Defence Regulations, the expenses reasonably incurred in connection with the work—
(a ) may, in a case where the land on which the work was carried out is in a local drainage district which existed at the time of the completion of the work or was constituted not later than one year thereafter, be recovered from the drainage board for that district, and in that case the provisions of the Second Schedule to this Act shall apply; or
(b ) in any case may be recovered from the owners of land, the value of which for agricultural purposes will be increased by the doing of the work, and in that case the provisions of the Third Schedule to this Act shall apply.
In this subsection, the expression ‘owner’ has the meaning assigned to it by paragraph 8 of the said Third Schedule.
(2) Where, on the termination of a tenancy of a holding within the meaning of the Agricultural Holdings Act, 1923 , in respect of which any sum has been paid or become recoverable by virtue of a notice served under the said Third Schedule as applied by this section, the landlord proves to the satisfaction of an arbitrator appointed under that Act that all or any of the work in respect of which the payment has been or will be made was rendered necessary by the neglect of the tenant to comply with any obligation relating to the maintenance or repair of a watercourse imposed on him by virtue of the contract of tenancy, the arbitrator shall award the landlord compensation...
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