.
T ABLE OF CONTENTS
A detailed Table of Contents for each tide appears at the beginning of the tide
\
Page
Introduetİon .
[7]
Arrangement ofTİdes by Volum
e
[9]
Referenees and Abbrevİatİons
[15]
Abbrevİatİons ofReports used İn the W ork
[17]
Table ofStatutes
[37]
Table
Instruments
ofStatutory
[41 ]
Table ofCases
[55]
Admiralty .
3
Agene
y
51
Agriculture .
109
Part 1 Agricultural Development and Marketing
129
Part 2 Plant Varieties and Plant Health.
620
Part 3 Agricultural Tenaneies
713
Part 4 Agricultural Credits
935
Part 5 Employment
959
Index.
. 1013
[ 13 ]
ADMIRAL TY
Table ofContents
Preliminary Nafe.
Colonial Courts of Admiralty Act 1890
Supreme Court Act 1981, ss 20-24, 150,151(1),153(1)-(3)
Civiljurisdiction andjudgments Act 1982, ss 26,50,52,53,55, Sch 13, Pt l, Pt II, para 6
. County Courts Act 1984, ss 26-31, 59, 66(1)(a), 73, 78,147(1),150,151
Page
3
4
17
31
36
Cross References
For Admiralty Board .
Admiralty Court .
Cinque Ports
Crimes within the Admiralty]urisdietion .
Limitation of Aetions
Marine Insuranee .
Praetiee and Proeedure .
Prize ]urisdietion and Law
Shipping Law, generally
S!ave Trade
See fitle
Constitutiona! Law
Courts
Courts
Crimina! Law; Commonwealth
Limitation of Aqions Insuranee
Courts; County Courts
Prize
Shipping and Navigation Trade
and Industry (Pt 3)
Preliminary N ote
The modern Admiralty jurisdiction of the courts dates from a statute of Richard II,
namely, the Admiralty Jurisdiction Act 1391 (repealed), which was passed to limit the
jurisdiction of the Court of the Lord High Admiral to the high seas and the great rivers
"below the bridges", and thereby prevent the increasing usurpation ofthejurisdiction of the
Common Law Courts over cases arising in inland tidal waters.
The statutes included within this title are the Colonial Courts of Admiralty Act 1890, and
certain Admiralty provisions of the Supreme Court Act 1981, the CivilJurisdiction
andJudgments Act 1982 and the County Courts Act 1984.
The Colonial Courts of Admiralty Act 1890 established Colonial Courts of Admiralty to
supersede the previously existing Vice-Admiralty Courts in British possessions. The
jurisdiction of these courts, subject to limitations imposed by the Coloniallegislature (see s
3), is co-terminous with the Admiralty jurisdiction of the High Court of England as it existed
at the time of the passing of the Act (see s 2) and as subsequently extended in
relation to particular colonies, by Orders in Council made under the Administration of Justice
Act 1956, s 56(2), and now having effect under the Supreme Court Act 1981, s 150. Appeal
from the judgments of such courts lies to Her Majesty in Council, subject to the provisions
contained in s 6 of the 1890 Act. The Admiralty may be empowered by commission under
the Great Seal to establish a Vice-Admiralty Co urt in a British possession and vest in such
court all or any of the Admiralty jurisdiction of other courts in the possession (s 9 of the 1890
Act).
The Administration of Justice Act 1956, Pt i originally govemed the Admiralty jurisdiction
ofboth the High Court and county courts. That Part, so far as it applied to county courts, was
consolidateci in, principally, the County Courts Act 1959, ss 55-61. Ss 58 and 59 of the 1959
Act, which dealt with the transfer of Admiralty proceedings to or from a county court, were
repealed and replaced by provisions of the Supreme Court
3
..
AGENCY
Table of Contents
Page
51
53
60
62
69
Preliminary Nofe .
Faetors Aet 1889
.
Aeeommodation Ageneies Act 1953 .
Powers of Attorney Aet 1971, ss 1,3-7,10, 11, Sehs
1,2 . Estate Agents Aet 1979 .
For Aneillary Credİt Busİness
Auetİoneers
Bankruptey, Effeet of
Carrİers
Corruptİon of Agents
Eleetİon Agents
Insuranee Brokers Money-lender's
Agents . Patent Agents
Sale of Goods
Theatrİeal Agents .
Trustees, Employment of Agents
Valuers and Appraİsers .
Cross References
Consumer Credit
Auetİon
Bankruptey and Insolveney
Carrİers
Crİmİnal Law; Eleetions
Eleetİons
Insuranee
Consumer Credİt
Patents and Desİgns
Sale of Goods
Theatres
Trusts and Settlements (Pt
1) Valuers and Appraİsers
Preliminary N ote
i,
The generallaw of agency is to be found in decided cases and not in the statute book
(see generaııy 1 Halsbury's Laws (4th edn) paras 701 et seq), and although the re are
many statutes in which the relationship of principal and agent is incidentaııy referred to,
there are only four statutes, namely, the Factors Act 1889, the Accommodation Agencies
Act 1953, the Powers of Attorney Act 1971 and the Estate Agents Act 1979, to be included
in this title.
The Factors Act 1889 consolidated and somewhat extended the Factors Acts of 1823,
1825, 1842 and 1877, aıı of which it repealed. Despite its title it deals with aıı classes of
mercantile agents and not factors alone.
The Factors Acts were passed to afford protection to persons dealing with factors in good
faith and without notice. Additional protection to persons so dealing, not only with factors,
but als o with buyers of goods, was afforded from time to time. it is only in cases where an
owner has in so me way been deprived ofhis goods without his authority that the legislation
in question is required, for, if he is not so deprived, no legislation is needed to protect bona
fide transactions with agents and buyers (Cahn v Pockett's Bristol Channel Steam Packet
Co [1899] 1 QB 643 at 652, CA per ALSmith L]).
In Cole v North Western Bank (1875) LR 10 CP 354 at 372, Blackbum] stated the
51
..
AGRICUL TURE
Outline Table ofContents
Pag
e
109
129
620
713
935
959
Preliminary Nole .
Pt 1 : Agricultural Development and Marketing Pt
2: Plant Varieties and Plant Health
Pt 3: Agricultural T enancies
Pt 4: Agricultural Credits
Pt 5: Employment
Cross Refere
For Agricultural Rates Allotments .
Anima1s, generally Common
Pasture . Diseases of Animals
Drainage
Fisheries; fishing .
Game and Sporting Rights
Land Improvement
Milk and Dairies .
Smallholdings
.
.
.
See tı le
.."
s
~
Rating
Allotments and
Smallholdings Animals
Commons
Animals
Land Drainage
Fisheries
Animals
Land Drainage
Food
AlIotments and
Smallholdings
Preliminary Note
The Acts falIing within the tide Agriculture have, for ease of reference, been
grouped
under the following heads:
(1) Agricultural Development and Marketing
(2) Plant Varieties and Plant Health
(3) Agricultural Tenancies
(4) Agricultural Credits
(5) Employment
This note follows the same divisions, but additionally includes a brief oudine of
the Common Agricultural Policy of the European Communities, which
immediately follows Part 1: Agricultural Development and Marketing.
Part 1: Agricultural Development and Marketing
Apart from the nationalised industries, there can be few activities that are assisted and
controlled by the State to the same extent as is farming. The aim of many of the statutory
provisions dealt with in Pt 1 is to assist farmers and improve the effıciency of farming in
this country. Assistance is given to farmers by providing the machinery for making grants,
subsidies and other payments; by providing technical assistance through such
109
ii'
..
129
CONTENTS
iIii
'il
Part 1
Agricultural Development and Marketing
Table ofContents
Com Returns Aet 1882 .
Com Sales Aet 1921
Horticultural Produee (Sales on Commission) Aet 1926 .
Agrieultural Produee (Grading and Marking) Aet 1928 . Agrieultural
Produee (Grading and Marking) Amendment Aet 1931 . Agrieulture Aet
1937, ss 1,3-5,29-32,34 .
Agrieultural Development Aet 1939 .
.
.
.
.
.
Agrieulture (Miseellaneous War Provisions) A
1940, ss 27,33
.
Agrieulture (Miseellaneous Provisions) Aet 194 , ss 1, 14, 16.
.
Agrieulture (Miseellaneous Provisions) Aet 194 , ss 1, 15, 18,22-24 .
Agrieulture (Miseellaneous Provisions) Aet 194 ,ss 1,9,10, Sehedule
Hill Farming Aet 1946 .
Agrieulture Aet 1947, ss 1, 2, 8,10,11,14,20,73-75,82-84,86,88-90,92-101,103
109,111, Sehs 2, 9,11.
Agrieulture (Miseellaneous Provisions) Act 1949, ss 12,15-17 .
~
Page
130
135
136
138
146
149
156
159
160
161
164
167
190
224
225
Agrieulture (Miseellaneous Provisions) Act 1950 ,
228
Livestoek Rearing Aet 1951
232
Agrieulture (Fertilisers) Aet 1952
235
Agrieulture (Ploughing Grants) Aet 1952
237
Agrieulture (CalfSubsidies) Aet 1952
240
Agrieultural Land (Removal ofSurfaee Soil) Aet 1953
243
Hill Farming Aet 1954 .
245
Agrieulture (Miseellaneous Provisions) Aet 1954, ss 2, 5,6,15-17
249
Pests Aet 1954, ss 1-4,7,13-15
255
Agrieultural Researeh Aet 1956
256
Hill Farming Aet 1956 .
257
Agrieulture (Silo Subsidies) Aet 1956
258
Agrieulture Aet 1957
273
Agrieultural Marketing Aet 1958
329
Agrieulture Aet 1958, ss 5,8-11, Seh 1, Pt I, para 4, Sch 4, paras 1-4, 10
333
Agrieulture (Smail Farmers) Aet 1959
339
Agrieultural Improvement Grants Act 1959
341
WeedsAet1959 .
346
Hortieulture Aet 1960 .
356
Agrieultural Researeh ete (Pensions) Act 1961
Agrieulture (Miseellaneous Provisions) Act 1963, ss 4, 5, 8-10,12,23,26,27,29 Agrieulture and 357
367
Hortieulture Aet 1964
389
Cereals Marketing Aet 1965
Agrieulture Aet 1967, ss 1, lA, 2-29 33-35, 37, 39, 40, 43, 45-55, 57, 58,60-62,64,65,
69-72,74,75, Sehs 1-3, 5,7 .
Farm and Garden Chemieals Aet 1967
Agrieulture (Miseellaneous Provisions) Aet 1968, ss 38-40,47,50-53,54(1), (4), Seh 8
Agrieulture Aet 1970, ss 1-30,32-35,103,107,108,110,111,113, Seh 1, Sch 5, Pts I, II,
IV,V
Agrieulture (Miseellaneous Provisions) Aet 1972, ss 4. 9. 10, 12, 17, 21, 25-27, Seh 6
European Communities Aet 1972, ss 1(1),6,12
414
506
511
520
561
572
ııı
ii
r
130
VOL 1 AGRICULTURE (Pt 1)
Horticulture (Special Payments) Act 1974 .
Agriculture (Miscellaneous Provisions) Act 1976, ss 3-5, 7,15,25,26,27(1), (2), (6),
Sch
3, Sch 4, Pt II
.
Agricultural Statistics Act
1979 Hops Marketing Act
1982 .
.i
Agricultural Marketing Act 1983 Pig
Industry Levy Act 1983 Agriculture
(Amendment) Act 1984 .
CORN RETURNS ACT 1882
(45 & 46 Vict c 37)
ARRANGEMENT OF SECTIONS
Section
1 Short title
2 Extent of Act
4 Returns of purchases of British corn, and publication of average
price. 5 Weekly returns ofpurchases of British corn.
8 Computing of corn
9 Computation and publication of averages by Board of Trade .
11 Penalty for failure to make return
12 Penalty for false return .
14 Regulations as to execution of Act and supply ofbooks, ete
15 Expenses
17 Recovery of fines .
18 Definitions.
An Act to amend the Law respecting the obtaining of Corn Returns
[10
August
i
As to the delegation of certain functions of the Minister (other than those under s 14 post) under this to the
Home-Grown CereaIs Authority, see the Agriculture Act 1970, s 108(1), (4), and the Com Retu (Delegation
offunctions) Order 1981, Sıı 981/142; and as to publication of contents of retums fumishe the Authority by virtue of
the delegation, see s 108(2) of that Act.
Transfer offunctions. By the Transfer offunctions (Wales) (No 1) Order 1978, SI 1978/272, art 4 Sch 2, the
functions of the Minister of Agriculture, fisheries and food under this Act are transferred to t Minister and the
Secretary of State jointly.
Northern Ireland. This Act does not apply; see s 2 post.
18~
1 Short title
This Act may be cited as the Com Returns Act
1882.
2 Extent of Act
This Act shall not extend to . . .
Ireland.
NOTE
The words omitted were repealed by the Agriculture (Miscellaneous Provisions) Act 1954, s 17(2), Sch ~
3 (Repealed by the SLR Act 1898.)
620
VOL 1 AGRICUL TURE (Pt 2)
~
Part 2
Plant Varİetİes and Plant Health
Table ofContents
Agriculture (MisceIlaneous Provisions) Act 1954, ss 9, 17
Plant Varieties and Seeds Act 1964
Plant Health Act 1967 .
Agriculture (MisceIlaneous Provisions) Act 1968, ss 43(2), (3), 50(3),
54(1), (4) Agriculture Act
1970 73A, 74, 74A, 75-87,110,111,113(1),
SS 66-73,
(2), (4)
Agriculture (MiseeIla ous Provisions) Act 1972, ss 20, 26(2), 27(1).
European Communitie Act 1972, ss 1(1),4, Sch 3, Pt III.
.
.
Plant Varieties Act 198
.
.
.
.
.
.
.
~
.
.
.
Pag
e
620
623
668
675
677
706
708
710
AGRICUL TURE (MISCELLANEOUS PROVISIONS)
ACT 1954 (2 & 3 Eliz 2 c 39)
,
J
..
An Act to continue the power to make grants or contributions in respeet of field drainage,
liming and other matters; to amend Part IV of the Agriculture Act 1947 with respeet to
the holdings to be treated as smallholdings, and to the contributions to losses of
smallholdings authorities; to alter the manner of appointing nominated members of
Agricultural Land Tribunals, and enable those Tribunals to award costs and to refer
questions of law to the High Court; to amend the Agricultural Holdings Act 1948 with
respeet to the operation of certain notices to quit; to make further provision with
respeet to research and education in sugar beet growing, to the collection of waste for
use as animal feeding stujJs, to preventing the spread of pests and diseases by
imported bees and to the application of the Diseases of Animals Act 1950 to air
transport; to amend the Seeds Act 1920 with respeet to the consequences of
contraventions of that Aet, and to the delivery and tiffeet of particulars given
thereunder; to amend the law as to agricultural wages of holiday workers in
Seotland; and to extend the Corn Returns Aet 1882 to Seotland [4 june 1954]
Northern Ireland. The provisions of this Act printed in this part of this tide do not apply; see s 16 of this Act, Pt 1 of
this tide ante.
1-8 (S 1 repeals in part the Agriculture Act 1947, s 96, Pt 1 of this title ante; for ss 2, 5, 6,
see Pt 1 of this title ante ;for s 3, see Vol 2, title Allotments and Smallholdings; s 4 repealed
by the Agriculture Act 1958, s 10(1), Sch 2, Pt I; s 7 repealed by the Agriculture
(Miscellaneous Provisions) Act 1976, s 26(3), Sch 4, Pt II; s 8 repealed by the Sugar Aet
1956, s 32(2); see now s 18 afthat Act, Vol 47, title Trade and Industry (Pt 3).)
9 Colleetion ofkitehen waste ete for animal feeding stuffs in England and Wales
(1) A local authority in England or Wales may, whether in the discharge of their functions
as to the removal ofhouse or trade refuse or otherwise, collect kitchen or other waste in
their area for use as animal feeding stuffs, with or without processing.
(2) An authority collecting waste under this section may agree to pay for waste sav ed
Aı
LANDLORD AND TENANT ACT 1851 s 2
713
Part 3
Agricultural Tenancies
Table of Contents
Pag
e
gs Act
.
.
.
.
.
.
.
.
. 714
Landlord and Tenant
Act1948
1851 .......................................................................................
713
AgricultureAct19
.
. 786
Agricultural
HOldi8,ss4,8-11,Schl,PtI,paras4,21,Sch4,paras5,9,11.
Agriculture (Miseel aneous Provisions) Act 1963, ss 20, 22, 29 . .
.
.
. 792
Agriculture (Miseel aneous Provisions) Act 1968, ss 9, 10, 12, 13,15,17,50,53,54(1), (4),
Sch 3 .
.
.
.
.
.
.
.
.
.
.
.
. 795
Agriculture(Miscel
.
.
.804
1 aneousProvisions) Act 1972, ss 15,26(2),27(1 ).
Agriculture (Miscellaneous Provisions) Act 1976, ss 18-25,26(2),27(1), (6), Sch 3A
806
Rent (Agriculture) Act 1976 .
..
826
Agricultural Holdings (Notices to Quit) Act 1977.
889
Rent (Agriculture) Amendment Act 1977 ..
910
Housing Act 1980, ss 73(5), 155(1), Sch 8, Pts II, III, Sch 25, Pt II, para 63
911
Agricultural Holdings Act 1984
914
LANDLORDANDTENANT ACT 1851 (14
& 15 Vict C 25)
An Act to improve the Law oj Landlord and Tenant in relation to Emblements, to
growing
Crops seized in Execution, and to Agricultural Tenants Fix:tures
[24 JuLy 1851]
The short title was given to this Act by the Short Titles Act 1896.
Northern Ireland. This Act applies.
1 (Repealed by the SL(R) Act
1971.)
2 Growing crops seized and sold under execution to be liable for accruing
rent
In case all or any part of the growing crops of the tenant of any farm or lands shall
be seized and sold by any sheriff or other offıcer by virtue of any writ of fıeri facias or
~
other writ of execution, such crops, so long as the same shall remain on the farms or
lands, shall, in default of suffıcient distress of the goods and chattels of the tenant, be
liable to the rent which may accrue and become due to the landlord af ter any such
seizure and sale, and to the remedies by distress for recovery of such rent, and that
notwithstanding any bargain and sale or assignment which may have been made or
executed of such growing crops by any such sheriff or other offıcer.
NOTES
Distress. As to execution on crops where there is a covenant against removal, see the Sale of Farming
Stock Act 1816, Vol 13, title Distress.
For the position of growing crops with regard to distress, see the Distress for Rent Act 1737, V 0113, title
Distress.
O!
AGRICUL TURAL CREDlTS ACT 1923 s 3
935
d
f
Part 4
Agricultural
Credits
Table of Contents
Page
935
936
948
950
952
954
956
Agricultural Credits Act
1923 . Agricultural redits Act
1928 . Agricultural redits Act
1932 .
Agricultur (Miscellaneous Provisions) Act 1944, ss 2, 9, 10
Agricultu al Mortgage Corporation Act 1956
Agriculture Act 1967, ss 68,72(1), (4), 74, 75(1), (5), (8) .
Agriculture (Miscellaneous Provisions) Act 1976, ss 2, 25, 26(1),
(2),27(1) .
AGRICUL TURAL CREDITS ACT 1923
(13&14Ge05c34)
An Act to facilitate the advance of money and the grant of credit for certain agricultural purposes,
and to amend the Improvement ofLand Act 1864, andfor purposes connected therewith
[31
JuLy
1923]
Northern Ireland. This Act does not apply.
1,2 (5 1 repealed by National Loans Act 1968, s 24(2), (3), Sch 6, Pt II; s 2 repealed by the SLR Act
1950.)
3 Amendment of Land Improvement Acts
(1) Notwithstanding any provision in the Improvement of Land Act 1864 which
limits the rate of interest payable under a charge created under such Act, the rate of
interest under such a charge may be such as the Minister may from time to time authorise.
(2) The foregoing provisions of this section shall apply also to any existing Act of
Parliament which authorises a company to execute or advance money for the execution
ofimprovements of agriculturalland.
(3) Where an application is ma de under any such Act for sanction of a charge on any
lands in respect of the erection or improvement of a farmhouse or of a cottage for
occupation by a person engaged in cultivation of the said lands or any of them, the Minister
may, if satisfıed that the erection or improvement is required for the proper cultivation of
the land, sanction the charge although it may not be shown that the work will effect a direct
yearIy increase in the value of the lands exceeding the yearIy amount proposed to be
charged thereon.
(4) ...
(5) (Applies to Seotland only.)
i
.
AGRICUL TURAL W AGES ACT 1948
959
Part 5
Employment
Table ofContents
Agricu!tura! Wages Act 1948 .
Agriculture (Miscellaneous Provisions) Act 1949, ss 8, 17
Agriculture (Poisonous Substances) Act 1952
Agriculture (Safety, Health and Welfare Provisions) Act 1956 .
AgricultureAct1967,ss67,75(1),(8) . . . . . .
Agrid~lture (Miscellaneous Provisions) Act 1968, ss 46, 50(1), (3),
51,54(1), (4)
Agricultura! Training Board Act 1982
Page
959
980
982
985
992
995
999
AGRICUL TURAL W AGES ACT 1948
(11 & 12 Geo 6 c 47)
ARRANGEMENT OF SECTIONS
The Agricu/ıura/ Wages Board and Agricu/tura/ Wages Commillees
Section
1 The Agricultural Wages Board for England and Wales.
2 Agricultural wages committees for counties and combinations of counties
.
Wages
Page
960
960
and
Holidays
3 Power of Agricultural Wages Board to fix wages, holidays and other terms and
conditions
4 Enforcement of wages and holidays orders.
5 Permits to incapacitated persons
6 Provisions as to learners .
7 Reckoning ofbenefits and advantages as payment of wages
8 Power of agricultural wages committee to award additional wages for piece work in
certain
=~. . . . . . .
9 Provisions as to applications, ete, to agricultural wages committees
10 Criminalliability of agents and special defence open
to employer
.
.
.
Supp/emenıary
11 A voidance of agreements in contravention of this Act and saving for other agreements, ete
12 Offıcers
13 Annual reports
14 Expenses
15 Evidence of resolutions and orders of the Board and agricultural wages committees
16 Power to give effect to, and modify, this Act as respects holidays and holiday
remuneration 17 Interpretation
18 London
19 Isles ofScilly
962
963
965
967
968
969
969
970
971
972
973
973
974
974
974
975
975