Agriculture (Miscellaneous Provisions) Act 1943

Year1943


Agriculture (Miscellaneous Provisions) Act, 1943

(6 & 7 Geo. 6.) CHAPTER 16.

An Act to amend the law relating to agriculture, agricultural land and the drainage of land, and to amend the Corn Returns Act, 1882.

[22nd April 1943]

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 Increase of Exchequer contributions towardspurchases of lime.

1 Increase of Exchequer contributions towardspurchases of lime.

(1) Subsection (1) of section one of the Agriculture Act, 1937 (which authorises Exchequer contributions towards purchases of lime of an amount not exceeding one half of the cost), shall have effect as if for the words ‘one half’ there were substituted the words ‘three quarters’:

Provided that a contribution of an amount exceeding the amount which would have been payable apart from this section shall not be made except in such classes of case as may be approved by the Treasury.

(2) This section shall be deemed to have come into operation on the seventeenth day of May, nineteen hundred and forty-two.

S-2 Repeal of time limit for Exchequer grants towardsland drainage expenditure.

2 Repeal of time limit for Exchequer grants towardsland drainage expenditure.

2. Subsection (3) of section fifteen of the Agriculture Act, 1937,as amended by section two of the Agriculture (Miscellaneous Provisions) Act, 1941 (which prohibits the making of grants towards any expenditure incurred by a drainage authority after the thirty-first day of July, nineteen hundred and forty-four), is hereby repealed.

S-3 Extension of definition of agricultural land forcertain drainage purposes.

3 Extension of definition of agricultural land forcertain drainage purposes.

(1) For the purposes of Part III of the Agriculture (Miscellaneous War Provisions) Act, 1940 (which relates to land drainage), any land as respects which directions have been given under Defence Regulations with respect to the cultivation, management or use of the land for agricultural purposes, shall be deemed to be agricultural land.

(2) There shall be paid out of moneys provided by Parliament any increase attributable to the passing of this section in the grants that are authorised to be made by the Minister under section fourteen or section fifteen of the said Act, as amended by any subsequent enactment, or under section fifty-five of the Land Drainage Act, 1930, or section fifteen of the Agriculture Act, 1937 ,as those sections apply for the purposes of section sixteen of the said Agriculture (Miscellaneous War Provisions) Act, 1940.

S-4 Extension of powers as to drainage schemes.

4 Extension of powers as to drainage schemes.

(1) Where a scheme for the drainage of any land has been approved under section fourteen of the Agriculture (Miscellaneous War Provisions) Act, 1940, as amended by or under any enactment, or under the said section fourteen as set out in the First Schedule to the Agriculture (Miscellaneous Provisions) Act, 1941, the Catchment Board or other drainage board by whom the scheme was prepared (hereafter in this section referred to as ‘the board’) may, without any further request from the Committee, vary the scheme so as to provide for all or any of the following matters—

(a ) the execution of additional works, and the alteration of works already executed under the scheme prior to the variation thereof;

(b ) the alteration of the area of the scheme;

(c ) the re-apportionment among the owners of land comprised in the area as altered of the net cost (within the meaning of the said section) of the scheme:

Provided that the board shall not vary any such scheme—

(i) unless they are of opinion that the cost of preparing the variation and carrying out the scheme as varied, together with the cost of preparing the original scheme and carrying it out (so far as it has been or will be carried out before the variation takes effect) will not exceed an amount equal to ten pounds for each acre of land comprised in the area of the scheme as varied; or

(ii) so as to provide for the execution of additional works or comprise additional land, unless the works or land could have been provided for or comprised in the scheme as originally approved and any necessary consent has been obtained.

(2) The following provisions shall have effect in relation to the variation of any such scheme as aforesaid under the last foregoing subsection:—

(a ) the board shall submit the proposed variation of the scheme to the Minister for his approval, and he may approve it either without modification or with any modifications which he considers expedient;

(b ) if the variation of the scheme is not approved by the Minister, no further proceedings shall be taken thereon by the board;

(c ) if the variation of the scheme is approved by the Minister, the board shall as soon as may be serve on the owners of land comprised in the area of the scheme as varied a notice stating that the variation has been approved, and every such notice shall contain a copy of the scheme as varied.

(3) Where any such scheme as aforesaid has been varied under the foregoing provisions of this section, the scheme as so varied shall have effect in substitution for the scheme as originally approved and the provisions of the said section fourteen of the Agriculture (Miscellaneous War Provisions) Act, 1940, as amended by or under any enactment and of the said section fourteen as set out in the First Schedule to the Agriculture (Miscellaneous Provisions) Act, 1941, shall apply accordingly:

Provided that—

(a ) any works executed under the scheme as originally approved shall be deemed for the purposes of the said provisions to have been executed under the scheme as varied, and any expenditure incurred in executing those works shall be deemed to be expenditure in carrying out the scheme as varied;

(b ) any reference in the said provisions to expenditure incurred in preparing the scheme shall be construed as including a reference to the expenditure incurred in preparing the original scheme and the variation thereof, and the expression ‘net cost’ shall be construed accordingly.

(4) Any increase which is ascribable to the foregoing provisions of this section in any grant payable under subsection (7) of the said section fourteen as so amended, or under section fifteen of the Agriculture Act, 1937, shall be paid out of moneys provided by Parliament.

(5) The power of the Minister under subsection (7) of the said section fourteen as so amended, to make grants towards expenditure incurred by Catchment Boards in preparing and carrying out schemes approved by him under that section shall include power to make out of moneys provided by Parliament grants, of such amounts and subject to such conditions as may be approved by the Treasury, towards expenditure incurred by Catchment Boards in preparing under that section schemes or variations thereof which are not submitted to the Minister or are not approved by him.

(6) The power of the Minister under section fifteen of the Agriculture Act, 1937, to make grants towards expenditure incurred by certain drainage authorities in carrying out drainage schemes shall include power to make out of moneys provided by Parliament grants, of such amounts and subject to such conditions as may be approved by the Treasury, towards expenditure incurred by drainage boards other than Catchment Boards in preparing schemes under section fourteen of the Agriculture (Miscellaneous War Provisions) Act, 1940, as set out in the First Schedule to the Agriculture (Miscellaneous Provisions) Act, 1941, or in preparing variations under this section of any such schemes, including schemes and variations which are not submitted to the Minister or are not approved by him.

(7) Where any scheme has been approved under section fourteen of the Agriculture (Miscellaneous War Provisions) Act, 1940, as amended by or under any enactment, or under the said section fourteen as set out in the First Schedule to the Agriculture (Miscellaneous Provisions) Act, 1941, the board may make a contribution towards the expenditure incurred in preparing and carrying out the scheme.

(8) At the end of paragraph (b ) of subsection (9) of the said section fourteen as so amended and at the end of the corresponding provision of the said section fourteen as set out in the said First Schedule there shall be added the words ‘and the amount of any contribution made by the board or any other person towards that expenditure.’

(9) Where any sum is payable to a Catchment Board under subsection (4) of the said section fourteen as so amended or to any other drainage board under the corresponding provision of the said section fourteen as set out in the said First Schedule, a complaint made for the purpose of recovering that sum summarily as a civil debt under subsection (5) of the said section fourteen as so amended or under the corresponding provision of the said section as so set out may, notwithstanding anything to the contrary in the Summary Jurisdiction Acts, be made at any time within twelve months from the date when the sum became recoverable.

(10) A demand made in writing on any owner of land by a Catchment Board under subsection (4) of the said section fourteen as so amended or by any other drainage board under the corresponding provision of the said section as so set out may be served in any manner specified in section seventy-five of the Land Drainage Act, 1930, in relation to notices required or authorised to be served under or by virtue of that Act, and, if it is served by delivering the demand or a copy thereof to some...

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