Agricultural Land (Utilisation) Act 1931
1931 c. 41
An Act to promote the better utilisation of agricultural land in Great Britain and the settlement of unemployed persons thereon, to amend the law relating to small holdings and allotments, and for purposes connected with the matters aforesaid.
Style and title of Minister of Agriculture and Fisheries now changed to Minister of Agriculture, Fisheries and Food by S.I. 1955/554 (1955 I, p. 1200)
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2
Act: 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
Part I Promotion of Better Utilisation of Agricultural Land in Great Britain
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C7C8Part II Small Holdings and Allotments
Part II repealed as to small holdings by Agriculture Act 1947 (c. 48), s. 67(2)
Functions of Minister of Agriculture, Fisheries and Food under Part II now exercisable by Secretary of State, S.I. 1955/554 (1955 I, p. 1200), 1965/143, 1967/156 and 1970/1681
Small Holdings
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F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Power of county councils to provide cottage holdings.
1
The power of county councils to provide small holdings for persons who desire to buy or lease them shall include power to provide a cottage holding for any person who is, in the opinion of the council, a suitable person and who satisfies them that—
a
he will reside permanently in the dwelling-house comprised in the holding; and
b
he has the intention, knowledge and capital to cultivate satisfactorily the land forming part of the cottage holding,
and all the provisions of the Small Holdings and Allotments Acts with respect to small holdings shall apply to cottage holdings accordingly but subject to the modification that section six of the M1Small Holdings and Allotments Act, 1926, shall, in relation to any such holding, whether provided under this section or under the section thereby repealed, have effect as if among the conditions specified in subsection (1) of the said section six there were included a condition that the owner or occupier, as the case may be, shall reside permanently in the dwelling-house comprised in the holding. F5Provided that this section shall have effect subject to section 60 of the Agriculture Act 1970
F61A
If the tenant of a cottage holding feels aggrieved by a prohibition such as is mentioned in the proviso to section 47(1) of the Small Holdings and Allotments Act M21908 (prohibition of improvements), he may appeal to the Minister of Agriculture, Fisheries and Food, who may confirm, vary or annul the prohibition, and the decision of the Minister shall be final.
2
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Allotments
F813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
17 Minor amendments of Small Holdings and Allotments Acts. C5
C61
The amendments specified in the second column of the Second Schedule to this Act (which relate to matters in minor detail) shall be made in the enactments specified in the first column of that Schedule.
2
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F1318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Interpretation and construction.
1
In this Part of this Act, unless the context otherwise requires—
“Cottage holding” means a holding comprising a dwelling-house, together with not less than forty perches and not more than one acre of agricultural land which can be cultivated by the occupier of the dwelling-house and his family;
“Small Holdings and Allotments Acts” means the Small Holdings and Allotments Acts, 1908 to 1926, the Allotments Acts, 1908 to 1925, and this Act;
“Society” includes any body of persons, whether incorporated or unincorporated, and shall have the same meaning in all the enactments with which this Act is construed as one.
2
Except where the context otherwise requires, references in this Part of this Act to any enactment or to any provision of any enactment shall be construed as references to that enactment or provision as amended by any subsequent enactment, including this Part of this Act, and this Part of this Act shall, except so far as it applies to Scotland, be construed as one with the Small Holdings and Allotments Acts, 1908 to 1926, and the Allotments Acts, 1908 to 1925.
Part III Supplementary
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F1723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1024 Application to Scotland. C9
In the application of this Act to Scotland the following provisions shall have effect:—
F18a
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F19b
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F20c
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F19d
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F19e
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f
Subsections (1) and (4) of section five and section six of this Act shall not apply, but the Department shall have power to provide, in accordance with the provisions of the M3Small Holding Colonies Acts, 1916 and M41918, or of the Small Landholders (Scotland) Acts, 1886 to 1919, either on land belonging to the Department or on land belonging to another person with the consent of that person, a holding for an unemployed person within the meaning of the said subsection (1) or for an agricultural worker, or for a person who, being or having been a member of His Majesty’s Forces, has had a suitable course of training for agriculture, notwithstanding that such unemployed person, agricultural worker or other person would be unable to cultivate the holding unless the facilities set forth in subsection (2) of the said section five were extended to him.
F21g
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F21h
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i
Section one of the M5Land Settlement (Scotland) Act, 1919, which relates to the compulsory acquisition of land for the purposes of the M6Small Holding Colonies Acts, 1916 and M71918, shall have effect as if the limitation of the period, during which the powers thereby conferred may be exercised, were omitted, and any provision in any Act in force at the passing of this Act which limits the period for which that section is to remain in operation shall cease to have effect.
F25j
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k
F22. . . sections twelve and seventeen shall not apply.
25 Short title, citation and extent.
1
This Act may be cited as the Agricultural Land (Utilisation) Act, 1931, and Part II of this Act and the Small Holdings and Allotments Acts, 1908 to 1926, may be cited as the Small Holdings and Allotments Acts, 1908 to 1931, and so much of the said Part II as relates to allotments and the Allotments Acts, 1908 to 1925, may be cited as the Allotments Acts, 1908 to 1931.
2
This Act shall not extend to Northern Ireland.
F23F23FIRST SCHEDULE
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C11SECOND SCHEDULE Minor Amendments of Small Holdings and Allotments Acts.
Sch. 2: entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 3
The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Enactment to be amended. | Amendment. |
|---|---|
The Small Holdings and Allotments Act, 1908: | |
F24. . . | F24. . . |
F24. . . | F24. . . |
The Allotments Act, 1925: | |
Section 8 | After the word “purchased” there shall be inserted the words “or appropriated,” and after the word “consent,” where that word occurs for the second time, there shall be inserted the words “may be given unconditionally or subject to such conditions as the Minister thinks fit, but” |
The Small Holdings and Allotments Act, 1926: | |
F24. . . | F24. . . |
Section 13 | After the word “repayable” there shall be inserted the words “with interest at such rate as may be agreed between the council and the purchaser” |
Section 14 | After the words “provided by” in both places where those words occur there shall be inserted the words “, or purchased with the assistance of,” |
Act restricted (E.W.) by Allotments Act 1950 (c. 31), s. 9