Part VII Miscellaneous provisions
99F1 Agricultural tied cottages.
1
Section 33 of the M1Rent Act 1965 (which enables the court to suspend an order for possession of premises occupied by the tenant under a former tenancy within the meaning of Part III of that Act under the terms of his employment as a person employed in agriculture) shall have effect with the amendments specified in the subsequent provisions of this section; but section 36 of that Act (under which the said section 33 binds the Crown) shall not apply to the subsection added to the said section 33 by subsection (4) of this section.
C12
After subsection (3) of the said section 33 there shall be inserted the following subsection:—
3A
Where the order for possession is made within the period of six months beginning with the date when the former tenancy came to an end, then, without prejudice to any powers of the court under the preceding provisions of this section or apart from this section to postpone the operation or suspend the execution of the order for a longer period, the court shall suspend the execution of the order (on such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, mesne profits and otherwise as the court thinks reasonable) for the remainder of the period of six months aforesaid unless the court—
a
is satisfied either—
i
that other suitable accommodation is, or will within that period be made, available to the occupier; or
ii
that the efficient management of any agricultural land or the efficient carrying on of any agricultural operations would be seriously prejudiced unless the premises are available for occupation by a person employed or to be employed by the owner; or
iii
that greater hardship (being hardship in respect of matters other than the carrying on of such a business as aforesaid) would be caused by the suspension of the order until the end of that period than by its execution within that period; or
iv
that the occupier, or any person residing or lodging with the occupier, has been causing damage to the premises or has been guilty of conduct which is a nuisance or annoyance to persons occupying other premises; and
b
considers that it would be reasonable not to suspend the execution of the order for the remainder of that period;
but a decision of the court not to suspend the execution of the order under this subsection shall not prejudice any other power of the court to postpone the operation or suspend the execution of the order for the whole or part of the period of six months aforesaid.
C13
In subsection (5) of the said section 33 (which sets out the matters to which the court is to have regard in considering whether or how to exercise its powers under that section) for the words “powers under this section" there shall be substituted the words “powers under subsection (3) of this section".
C14
After subsection (6) of the said section 33 there shall be inserted the following subsection:—
6A
Where, in the case of an order for possession of the premises to which subsection (3A) of this section applies, the execution of the order is not suspended under that subsection or, the execution of the order having been so suspended, the suspension is terminated, then, if it is subsequently made to appear to the court that the failure to suspend the execution of the order or, as the case may be, the termination of the suspension was—
a
attributable to the provisions of paragraph (a)(ii) of that subsection, and
b
due to misrepresentation or concealment of material facts by the owner of the premises,
the court may order the owner to pay to the occupier such sum as appears sufficient as compensation for damage or loss sustained by the occupier as a result of that failure or termination.
100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F18102 Registration of notices relating to conditions applied to Scottish cottages under Hill Farming Act 1946 s. 10.
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103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
105 Amendments of Diseases of Animals Act 1950.
1
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2
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4
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5
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106 Eradication of brucellosis. C2
1
The appropriate Minister may, in accordance with a scheme made by the appropriate authority with the consent of the Treasury, pay to the owner of any herd of cattle kept in the United Kingdom, or to any person concerned with the management of such a herd, such sums as that Minister thinks fit to expend in connection with the eradication of brucellosis, and may in particular, if the scheme so provides, pay any such sum by way of supplement to, and subject to any terms or conditions governing the payment of, any grant or subsidy payable under or by virtue of any enactment other than this section.
2
A board constituted by any scheme relating to the marketing of milk and made under the M2Agricultural Marketing Act 1958 or any enactment of the Parliament of Northern Ireland shall, in accordance with any scheme in that behalf made by the appropriate authority with the consent of the Treasury, make to producers registered under the scheme constituting the board payments in connection with the eradication of brucellosis, being payments in respect of milk sold, or deemed for the purpose of any payments under the scheme constituting the board to have been produced, on or after 1st April 1970; and the sums from time to time required by such a board for the making of payments under this subsection shall be paid to the board by the appropriate Minister.
3
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4
Any person who offers for sale, otherwise than for slaughter, any animal known to him to be a reactor to brucella abortus shall be guilty of an offence and liable on summary conviction to a fine not exceeding F10level 5 on the standard scale, or, if the offence is committed with respect to more than ten animals, to a fine not exceeding F11level 3 on the standard scale for each animal.
5
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F19C36
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7
Any person who knowingly or recklessly makes any false statement for the purpose of obtaining for himself or any other person any payment under a scheme under subsection (1) or (2) of this section shall be liable on summary conviction to a fine not exceeding F13level 3 on the standard scale or imprisonment for a term not exceeding three months or both.
C4C58
Any of the following officers—
a
in England and Wales, any officer of the Minister of Agriculture, Fisheries and Food authorised in writing by that Minister to exercise the powers conferred by this subsection;
b
in Scotland, any officer of the Secretary of State or of the said Minister having the like authority of that Secretary of State, and
c
may, for the purpose of obtaining any information which he may consider necessary in connection with a scheme under subsection (1) or (2) of this section, enter upon any land or premises and there inspect any animal, apply any test or take any sample, and examine and take copies of or extracts from any document.
The right of entry under this subsection may be exercised at any reasonable time, but only after production of the officer’s authority if so required; and any person who obstructs or impedes an officer acting in the exercise of his powers under this subsection shall be liable on summary conviction to a fine not exceeding F15£20F15level 3 on the standard scale in the case of a first offence, and, in the case of a second or subsequent offence, to a fine not exceeding F15£50F15level 3 on the standard scale or imprisonment for a term not exceeding one month or both.
9
In subsections (1) and (2) of this section—
“the appropriate Minister” means the Minister of Agriculture, Fisheries and Food or, in relation to herds kept in Scotland or sums required for making payments to producers in Scotland, the Secretary of State; and
“the appropriate authority” means the Minister of Agriculture Fisheries and Food or, for the purposes of a scheme relating to herds or producers in Wales (including Monmouthshire), that Minister and the Secretary of State acting jointly or, for the purposes of a scheme relating to herds or producers in Scotland, the Secretary of State.
10
A scheme under subsection (1) or (2) of this section—
a
may relate to herds or producers in one part only of the United Kingdom or (the appropriate authorities acting jointly for the purpose, if different) in two or more such parts;
b
may be varied or revoked by a subsequent scheme under that subsection;
c
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
F20C6108Corn returns.
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