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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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Rehabilitation of Hill Farming Land
1. Grants under schemes for improvement of hill farming land
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9. Operation of the Agricultural Holdings (Scotland) Act, 1949, in relation to improvement schemes
10. Attachment of conditions as to letting, etc., of new and improved cottages
11. Provision as to application of capital for improvements to settled hill farming land
12. Improvements of hill farming land subject to rights of common
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improvements which may be included in schemes for rehabilitation of hill farming land
An Act to make provision for promoting the rehabilitation of hill farming land; for the payment of subsidies in respect of hill sheep and hill cattle; for controlling the keeping of rams and ram lambs; for regulating the burning of heather and grass; for amending the law as to the valuation of sheep stocks in Scotland; and for purposes connected with the matters aforesaid.
[6th November 1946]
C1Act amended with the substitution for references to hill farming land and hill farming purposes of references to livestock rearing land and livestock rearing purposes and for references to hill farming land improvement schemes of references to livestock rearing land improvement schemes by Livestock Rearing Act 1951 (c. 18), ss. 1(2)(b)
C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C3Certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2
Act (except s. 32(4)): Functions of a Minister of the Crown transferred to the National Assembly for Wales (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
I1Act wholly in force at Royal Assent.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)In this Act—
[F2the expression “livestock rearing land” means land situated in an area consisting predominantly of mountains, hills or heath, being land which is, or by improvement could be made, suitable for use for the breeding, rearing and maintenance of sheep or cattle but not for the carrying on, to any material extent, of dairy farming, the production, to any material extent, of fat sheep or fat cattle or the production of crops in quantity materially greater than that necessary to feed the number of sheep or cattle capable of being maintained on the land;]
[F2the expression “livestock rearing purposes” means the breeding, rearing and maintenance of sheep or cattle, and includes other activities carried on in connection therewith,] and
the expression “improvement” means, subject to the provisions of this section, an operation of any of the kinds specified in the First Schedule to this Act, and any operation incidental to, or necessary or proper in the carrying out of, an operation of any such kind or for securing the full benefit thereof.
(4)Subject to the provisions of section thirty-seven of this Act, the Ministers may from time to time by order modify the kinds of operations that are to be treated as improvements for the purposes of this Act by adding to the First Schedule to this Act, or by deleting therefrom, or modifying the description of, a kind of operation for the time being therein specified:
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(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1S. 1(1)(2)(5) repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
F2Definitions substituted by Livestock Rearing Act 1951 (c. 18), s. 1(2)(a), (3)(a),(b)
F3Proviso repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
C1S. 1 amended (E.W.) (S.) by Livestock Rearing Act 1951 (c. 18), s. 4; extended by Agriculture Act 1970 (c. 40), s. 34(1)(2)
C2S. 1(4): Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5), 3, Sch.
C3S. 1(4) amended by Livestock Rearing Act 1951 (c. 18), s. 8
F1S. 2 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
F1S. 3 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
F1S. 4 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
F1S. 5 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
F1S. 6 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
F1S. 7 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
F1S. 8 repealed by Agriculture Act 1970 (c. 40), ss. 35(1), 113(3), Sch. 5 Pt. II
(1)Subject to the provisions of this section, the [F2Agricultural Holdings (Scotland) Act 1991 , referred to in subsections (2) and (4) below as ” the 1991 Act”], shall apply to improvements for which provision is made by an approved hill farming land improvement scheme as it applies to other improvements.
(2)Where a tenant of an agricultural holding within the meaning of [F3the 1991 Act] has carried out thereon an improvement specified in [F4Part I or Part II of Schedule 5] to that Act in accordance with provision in such a scheme for the carrying out of the improvement and for the tenant’s being responsible for doing the work, being provision included in the scheme at the instance or with the consent of the landlord, then—
(a)in the case of an improvement specified in the said Part I, the landlord shall be deemed to have consented as mentioned in [F5section 37 of the 1991 Act] in relation to the improvement; or
(b)in the case of an improvement specified in the said Part II, the tenant shall be deemed to have given notice to the landlord as mentioned in [F6section 38 of the 1991 Act] in relation to the improvement and the landlord shall be deemed to have received the notice and to have given no such notice to the tenant as is mentioned in [F7section 39 of the 1991 Act] objecting to the carrying out of the improvement or to the manner in which the tenant proposes to carry out the work;
and any agreement as to compensation or otherwise made between the landlord and the tenant in relation to the improvement shall have effect as if it had been such an agreement on terms as is mentioned in [F8section 37 or 38 of the 1991 Act] as the case may be.
(3)If on the ground of work being badly done the appropriate Minister withholds or reduces the improvement grant in respect of an improvement, he may direct that any right conferred by [F9section 15 of the 1991 Act] to have the rent of an agricultural holding increased shall not be exercisable in respect of the improvement, or shall be exercisable only to such extent as may be specified in the direction, and any such direction given after that right has been exercised shall be retrospective and any excess rent paid shall be repaid accordingly.
(4)In assessing the amount of any compensation payable, whether under [F3the 1991 Act] or under custom or agreement, to the tenant of an agricultural holding, if it is shown to the satisfaction of the person assessing the compensation that the improvement of cultivations in respect of which the compensation is claimed was or were wholly or in part the result of or incidental to work in respect of the cost of which an improvement grant has been paid or will be payable, the amount of the grant shall be taken into account as if it had been a benefit allowed to the tenant in consideration of his executing the improvement or cultivations, and the compensation shall be reduced to such extent as that person considers appropriate.]
F1S. 9 substituted (S.) with saving by Agricultural Holdings (Scotland) Act 1949 (c. 75), s. 8(3), Sch. 7
F2Words in s. 9(1) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1(a)(with s. 45(3), Sch. 12 para. 3).
F3Words in s. 9(2)(4) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1(b)(with s. 45(3), Sch. 12 para. 3).
F4Words in s. 9(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1 (c)(i)(with s. 45(3), Sch. 12 para. 3).
F5Words in s. 9(2)(a) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1 (c)(ii)(with s. 45(3), Sch. 12 para. 3).
F6Words in s. 9(2)(b) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1(c)(iii)(with s. 45(3), Sch. 12 para. 3).
F7Words in s. 9(2)(b) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1(c)(iv)(with s. 45(3), Sch. 12 para. 3)
F8Words in s. 9(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1(c)(v)(with s. 45(3), Sch. 12 para. 3).
F9Words in s. 9(3) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 1(d)(with s. 45(3), Sch. 12 para. 3)
(1)Regulations shall be made by the appropriate Minister—
(a)for securing that, where an improvement grant has been made in respect of cost of work done for the erection, improvement or reconditioning of a cottage, conditions with respect to the occupation and maintenance thereof shall apply to the cottage for such period from the date on which it first becomes fit for occupation after the completion of the work (not being longer than twenty years) as may be specified in the regulations, including (without prejudice to the generality of this subsection) a condition prohibiting the occupation of the cottage otherwise than by the owner or a tenant thereof; and
(b)in the event of a breach of any of the conditions for the recovery by the appropriate Minister from the owner of the cottage of sums paid (whether before or after the breach) on account of the grant, together with interest thereon at such rate as may be specified in the regulations and for withholding any sums which, apart from the breach, would be payable to him.
(2)Regulations under the preceding subsection shall provide for the conditions thereby applied to a cottage ceasing to apply on payment to the appropriate Minister by such person as may be specified in the regulations of such amount as may be so specified, and may contain such incidental and supplementary provisions as appear to the appropriate Minister to be requisite or expedient for the purposes thereof, and in this section the expressions “owner” and “tenant” mean, respectively, owner and tenant as defined by the regulations.
C1S. 10 amended by Hill Farming Act 1954 (c. 23), s. 1
(1)For the purposes of the provisions of the M1Settled Land Act, 1925, relating to improvements authorised by that Act, any operation which is to be treated as an improvement for the purposes of this Act, and which is of a kind prescribed by regulations made by the Minister of Agriculture and Fisheries as being of a permanent character, shall be treated as if it were included in the Third Schedule to that Act and were specified in Part I thereof (which specifies improvements the cost of which is not liable to be replaced by instalments).
[ F1(2)The preceding subsection shall apply for the purposes of the said provisions of the Settled Land Act, 1925, as extended to trusts for sale by section twenty-eight of the Law of Property Act, 1925.]
F1S. 11(2) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)).
M11925 c. 18.
(1)Where the Minister of Agriculture and Fisheries (in this section referred to as “the Minister”) is of opinion that it is expedient so to do for the purpose of rehabilitating hill farming land in England or Wales that is subject to rights of common of pasture, he shall have power, subject to the provisions of this section, to do work required for making improvements for the benefit thereof, and the provisions in that behalf of this section shall have effect as to the recovery by the Minister from persons claiming to enjoy rights over such land of sums amounting in the aggregate to one half of the cost of work done by him under this section.
(2)Before beginning to do work under this section, the Minister shall publish, in such manner as he thinks best adapted for informing persons enjoying rights of common over the land for the benefit of which the improvements are intended and any person entitled as lord of the manor or otherwise to the soil of that land, a notice—
(a)stating that he is of the opinion aforesaid, specifying what improvements ought, in his opinion, to be made and the work required for making them, the land on which he proposes to do the work, the estimated cost of the work and the period (which shall not be less than twenty-eight days from the date of the publication of the notice) within which written objection to the doing of the work may be made to him by any person claiming to be such a person as aforesaid; and
(b)inviting any person so claiming who is willing to bear an apportioned part of half the estimated cost of the work to furnish to the Minister, within the period aforesaid, his name and address and particulars of such matters relating to the rights which he claims to enjoy as may be specified in the notice.
(3)If an objection to the doing of the work is duly made to the Minister by any person so claiming as aforesaid within the time limited by the notice for making objections, then, unless either—
(a)the objection is withdrawn by that person or appears to the Minister to be frivolous; or
(b)the Minister is satisfied that the claim is groundless;
no further steps shall be taken under this section in pursuance of the notice, but without prejudice to the publication of a fresh notice.
(4)Subject to the provisions of the last preceding subsection, the Minister, after the expiration of the said period, shall, by an instrument executed by him, apportion half the amount stated in the notice as the estimated cost of the work amongst the persons who have furnished their names under subsection (2) of this section as being willing to bear apportioned parts thereof, in such amount as he thinks just, and shall serve on each of them, at the address furnished by him under that subsection, a copy of the said instrument having annexed thereto particulars of the matters by reference to which each of the amounts has been arrived at and a statement of the period (which shall not be less than twenty-eight days from the date of the service of the copy) within which written objection to the amount apportioned to that person may be made by him to the Minister.
(5)If no objection is duly made under the last preceding subsection within the time limited for the making of objections, or if all objections so made are withdrawn by the persons by whom they were respectively made, the Minister may do the work.
(6)If an objection duly made as aforesaid is not withdrawn by the person by whom it was made, the Minister may revise the apportionment, and the provisions of the two last preceding subsections shall apply to a revised apportionment as they apply to an original apportionment.
(7)Where the Minister has done work under this section, the amount apportioned to any person under the instrument by virtue of the execution of which the Minister became entitled to do the work or, where the actual cost of the work falls short of the estimated cost thereof, that amount abated rateably as between it and the remainder of the amounts so apportioned, shall be recoverable from that person by the Minister on the completion of the work.
(8)Where work under this section for making improvements consists of or includes the making or restoration of permanent fences, subsections (1) and (2) of this section shall have effect as if references therein to persons enjoying or claiming to enjoy rights of common over the land for the benefit of which the improvements are intended included references to persons occupying adjoining land, and as if, in relation to any such person, there were substituted, for the reference in paragraph (b) of the said subsection (2) to rights claimed to be enjoyed, a reference to the adjoining land occupied by him.
(9)Nothing done under this section shall be treated as an admission of the existence or non-existence of an obligation on the part of a person occupying land adjoining land subject to rights of common of pasture to fence against animals on the last-mentioned land, or as to the extent of any such obligation.
(10)No work under this section on land subject to rights of common of pasture shall be so done as to prevent or impede access to that land or any part thereof for a period exceeding three years from the beginning of the work.
(11)Notwithstanding the provisions of subsection (4) of section one of this Act, an operation specified in a notice published under subsection (2) of this section shall not, so far as the operation of this section is dependent on the publication of that notice, be deemed to cease to be an improvement by reason of the deletion from the First Schedule to this Act of that operation or any modification of the description thereof.
(12)The power conferred by this section on the Minister to do work required for making improvements for the benefit of any land shall not be construed as extending so as to authorise the Minister to do work for that purpose on other land without the consent of all persons interested in that other land whose consent to the doing of the work would be requisite apart from this section.
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F1S. 12(13) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II
C1Power to extend s. 12 given by Agriculture Act 1967 (c. 22), s. 42(1)
C2Power to apply with modifications s. 12(1)—(12) given by Agriculture Act 1970 (c. 40), s. 30(3)
F1Ss. 13—17 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II
(1)For the purpose of improving the quality of sheep the Minister of Agriculture and Fisheries may make regulations for controlling the keeping of rams and uncastrated ram lambs on land in England or Wales of such description as may be specified in the regulations, and, without prejudice to the generality of this subsection, any such regulations—
(a)may prohibit persons from permitting to be on any such land as aforesaid in any area specified in the regulations—
(i)any ram or uncastrated ram lamb unless it has been approved under the regulations as being suitable for the purpose of breeding from the flocks from time to time on any such land in that area; or
(ii)any ram or uncastrated ram lamb declared, in manner provided by the regulations, to be, in the opinion of the said Minister, not so suitable;
(b)may prohibit persons from permitting any ram or uncastrated ram lamb to be, during such period as may be specified in the regulations, on any such land as aforesaid in any area so specified, except under the authority of a licence granted in that behalf by the said Minister;
(c)may provide for the inspection of rams and uncastrated ram lambs;
(d)may provide for the marking, in accordance with the regulations, of any ram or uncastrated ram lamb inspected under the regulations according as it appears to the person or authority by whom the inspection is carried out to be suitable or unsuitable for the purpose of breeding from the flocks from time to time on land in any area specified in the regulations; and
(e)may provide for requiring the slaughter or castration within such time as may be specified in the requisition of any ram or uncastrated ram lamb which, upon being inspected under the regulations, appears to the person or authority by whom the inspection is carried out to be—
(i)of defective or inferior conformation and likely to beget defective or inferior progeny;
(ii)permanently affected with any contagious or infectious disease; or
(iii)permanently affected with any other disease rendering the ram or lamb unsuitable for breeding purposes;
and may empower such person or authority as may be specified in the regulations to cause a ram or ram lamb in respect of which default is made in complying with any such requisition as aforesaid to be castrated or slaughtered, and provide for the recovery of the cost incurred thereby from the person in default.
(2)Regulations under this section may contain such incidental and supplemental provisions as appear to the Minister of Agriculture and Fisheries to be requisite or expedient for the purposes thereof, and may make different provision in relation to land in difficult areas and different descriptions of rams and lambs.
C1S. 18(1) extended by Livestock Rearing Act 1951 (c. 18), s. 7(1)
Hill Farming Act 1946