Agriculture (Scotland) Act 1948 (c. 45)
1948 c. 45 - continued

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Service of notices.

        83.—(1)  Any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him, or left at his proper address, or sent to him by post in a registered letter.

    (2)  Any such document required or authorised to be given to or served on an incorporated company or body shall be duly given or served if given to or served on the secretary or clerk of the company or body.

    (3)  For the purposes of this section and of section twenty-six of the Interpretation Act, 1889, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.

    (4)  Where any document is to be given to or served on a person as being the person having any interest in land, and it is not practicable after reasonable inquiry to ascertain his name or address, the document may be given or served by addressing it to him by the description of the person having that interest in the land (naming it), and delivering the document to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.

Provision of Gods and Services.

Nomination of arbiter in cases to which the Secretary of State is a party.

        84.   Where the Secretary of State is a party to any question or difference which under the Agricultural Holdings (Scotland) Acts, 1923 and 1931, or this Act, is, to be determined by arbitration under the Act of 1923 or by an arbiter appointed in accordance with the provisions of that Act, the arbiter shall in lieu of being nominated by the Secretary of State be nominated by the Land Court, and the remuneration of the arbiter so nominated shall be such amount as may be fixed by the Land Court.

Regulations and orders.

        85.—(1)  Any regulations made by the Secretary of State under this Act shall be embodied in a statutory instrument which shall be subject to annulment in pursuance of resolution of either House of Parliament.

    (2)  In this Act the expression "prescribed" means prescribed by regulations made by the Secretary of State.

    (3)  Any power conferred by this Act to make an order shall include a power, exercisable in the like manner and subject to the like conditions, to revoke or vary the order.

















13 & 14 Geo. 5. c. 10.

        86.—(1)  In this Act the expression "agricultural land'' means land used for agriculture which is so used for the purposes of a trade or business, or which is designated by the Secretary of State for the purposes of this subsection, and includes any land so designated as land which in the opinion of the Secretary of State ought to be brought into use for agriculture:

Provided that no designation under this subsection shall extend—

    (a)  to land used as pleasure grounds, private gardens or allotment gardens, or

    (b)  to land kept or preserved mainly or exclusively for the purposes of sport or recreation, except where the Secretary of State is satisfied that its use for agriculture would not be inconsistent with its use for the said purposes and it is so stated in the designation.

    (2)  In this Act the expression "agricultural unit" means land which is occupied as a unit for agricultural purposes, including—

    (a)  any dwelling-house or other building occupied by the same person for the purpose of farming the land, and

    (b)  any other land falling within the definition in this Act of the expression "agricultural land" which is in the occupation of the same person, being land as to which the Secretary of State is satisfied that having regard to the character and situation thereof and other relevant circumstances it ought in the interests of full and efficient production to be farmed in conjunction with the agricultural unit, and directs accordingly:

Provided that the Secretary of State shall not give a direction under this subsection as respects any land if it is for the time being in use for any purpose which appears to him to be substantial having regard to the use to which it might be put for agriculture.

    (3)  In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say: —

    "the Act of 1923" means the Agricultural Holdings ( Scotland ) Act, 1923;

    "agriculture" includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and "agricultural" shall be construed accordingly;

    "allotment garden" means an allotment not exceeding forty poles in extent which is wholly or mainly cultivated by the occupier for the production of vegetables or fruit for consumption by himself or his family;

    "fixed equipment" includes any building or structure affixed to land and any works on, in, over or under land, and also includes anything grown on land for a purpose other than use after severance from the land, consumption of the thing grown or of produce thereof, or amenity, and, without prejudice to the foregoing generality, includes the following things, that is to say—

       (a)    all permanent buildings, including farm houses and farm cottages, necessary for the proper conduct of the holding;
       (b)    all permanent fences, including hedges, stone dykes, gate posts and gates;
       (c)    all ditches, open drains and tile drains, con­ duits and culverts, ponds, sluices, flood banks and main water courses;
       (d)    stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding;
       (e)    farm access or service roads, bridges and fords;
       (f)    water and sewerage systems;
       (g)    electrical installations including generating plant, fixed motors, wiring systems, switches and plug sockets;
       (h)    shelter belts;

    and references to fixed equipment on land shall be construed accordingly.

    "functions" includes powers and duties;

    "livestock" includes any creature kept for the produc­tion of food, wool, skins or fur, or for the purpose of its use in the farming of land;

    "pasture" includes meadow;

    "prescribed" has the meaning assigned to it by the last foregoing section;

    "produce" includes anything (whether live or dead) produced in the course of agriculture;

    "relevant circumstances," in relation to an owner or an occupier, includes all circumstances affecting management or farming, other than the personal circumstances of the owner or the occupier.

    (4)  References in this Act to any enactment shall be construed, except where the context otherwise requires, as references to that enactment as amended by or under any other enactment, including this Act.

    (5)  References in this Act to the farming of land include references to the carrying on in relation to the land of any agricultural activity; and in relation to any agricultural activity the person having the right to carry it on shall be deemed to be the occupier of the land.

    (6)  References in this Act to the use of land for agriculture include, in relation to land forming part of an agricultural unit, references to any use of the land in connection with the farming of the unit.


        87.  The enactments specified in the Tenth Schedule to this Act are, save as provided in Part 1 of this Act, hereby repealed to the extent specified in the third column of that Schedule.

Short title comencement and extent.

        88.—(1)  This Act may be cited as the Agriculture (Scotland) Act, 1948.

    (2)  Save as otherwise expressly provided this Act shall come into operation on such date as His Majesty may by Order in Council appoint; and an Order under this subsection may appoint different dates in relation to different provisions of this Act.

    (3)  This Act shall extend to Scotland only.

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