Agriculture (Scotland) Act 1948 (c. 45) | |
1948 c. 45 - continued | |
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Special directions to secure production. |
(b) as to the carrying out of any work required to enable the land to be used as directed under paragraph (a) of this subsection, (c) as to any other matters as to which directions may be given to an occupier of an agricultural unit where a warning notice under this Part of this Act is in force in relation to his farming of the unit, (d) without prejudice to the general powers conferred by the foregoing paragraphs, as to the maximum area of land which may be maintained on an agricultural unit under pasture laid down with, clover, grass, lucerne, sainfoin or other seeds or under herbage crops grown for commercial seed production,as appear to the Secretary of State expedient in the interest aforesaid and reasonable having regard to the character and situation of the land and other relevant circumstances. (3) If any person to whom a direction is given under this section contravenes or fails to comply with the direction, he shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both such imprisonment and such fine. (4) Subsections (6) to (9) of section twenty-nine of this Act shall apply in relation to directions under this section as they apply in relation to directions under the said section twenty-nine. (5) The provisions of the Third Schedule to this Act shall have effect where a direction is given under this section requiring the. ploughing-up of permanent pasture or the performing of other acts of cultivation. (6) Nothing done or omitted by an occupier in pursuance of a direction under this section shall be treated as a failure to fulfil his responsibilities to farm land in accordance with the rules of good husbandry, so long as the act or omission was reasonably necessary in consequence of the giving of the direction. (7) Any period for which the powers conferred on the Secretary of State by subsection (2) of this section are exercisable shall be extended by a further year if the Secretary of State by statutory instrument made not earlier than one month before the date on which the said period would otherwise expire orders that the said period shall be so extended. (8) The expiration of the said period shall not affect the operation of any direction under this section previously given. (9) A statutory instrument made under this section shall be of no effect unless approved by resolution of each House of Parliament: Provided that if at the time when such an instrument is made Parliament is dissolved or prorogued or both Houses are adjourned for more than four days, the foregoing provisions of this subsection shall not apply but the instrument shall be laid before Parliament as soon as may be and shall cease to have effect unless approved by resolution of each House of Parliament before the expiration of the twenty-eighth day on which that House has sat after the instrument is laid before it. |
Special directions as to stocking of deer forests and grouse moors. |
(5) Subsections (5) and (9) of section twenty-nine of this Act shall apply in relation to a direction under this section as they apply in relation to a direction under the said section twenty-nine. (6) Where the person to whom a direction has been given under this section has contravened or failed to comply with the direction, then—
(b) if that person is the occupier of the land to which the direction relates, the Secretary of State shall have the like powers in relation to the land as if it were an agricultural unit in relation to the farming of which a warning notice had been in force for not less than twelve months and the Secretary of State were satisfied that the farming thereof had not, during that period, shown satisfactory improvement, and the provisions of sections thirty-two and thirty-three of this Act shall, subject to any necessary modifications, apply accordingly. |
Service of notices on agents. |
Provided that where by virtue of this subsection any notice is served in connection with a direction to entrust the manage ment of land to a person approved by the Secretary of State a copy of the notice shall be served on the owner. |
Interpretation of references in Part II to "owner" and "manager". |
(2) Where, in relation to all or any of the provisions of this Part of this Act,—
that person shall be so treated, but without prejudice to a subsequent agreement or determination or to his ceasing to be so treated if the Secretary of State withdraws his approval under paragraph (a) of this subsection. (3) Any question arising under this Part of this Act whether two parcels of land are being managed by the same person shall be determined, if the management of either or both of the parcels is under the control of an agent or servant, by reference to the person by whom the agent or servant is employed and not by reference to the agent or servant. |
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© Crown copyright 1948 |