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

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EIGHTH SCHEDULE
Section 68.  
 
Part I.
 
Agricultural Executive Committees and Sub-Committees.
        1.—(1)  An Agricultural Executive Committee shall consist of not more than twelve members appointed by the Secretary of State after consultation with persons appearing to him to represent the interests of farmers, of workers employed in agriculture, and of owners of agricultural land.
    (a)  no compensation shall be payable to the tenant in respect of anything done in pursuance of an order under the last foregoing paragraph;
    (b)  in assessing compensation to an outgoing tenant of a holding (as defined in the Act of 1923) where land has been ploughed up in pursuance of any such direction as aforesaid, the value per acre of any tenant's pasture comprised in the holding shall be taken not to exceed the average value per acre of the whole of the tenant's pasture comprised in the holding on the termination of the tenancy.

    (2)  A majority of the members of each Agricultural Executive Committee shall consist of persons having a practical knowledge of agriculture and drawn from the industry.

        2.—(1)  The Secretary of State shall designate a member of each Agricultural Executive Committee to act as chairman of the Committee.

    (2)  The term of office of a chairman of an Agricultural Executive Committee shall be at the pleasure of the Secretary of State.

    (2)  The Secretary of State shall appoint one or more members of the Committee to act as vice chairman in the absence of the chairman.

        3.—(1) Subject to the provisions of this paragraph, the term of office of any member (except the chairman) of an Agricultural Executive Committee shall be three years, but a member who ceases to hold office shall, subject to the provisions of this Schedule, be eligible for reappointment.

they shall dismiss the application; and if the tribunal do not dismiss the application in pursuance of the foregoing provisions of this paragraph they shall determine that, in the case to which the application relates, the sum to be paid by virtue of section 56(1) of this Act shall be ascertained in pursuance of the said section 13 by reference to the appropriate rent instead of by reference to the rent to which the application relates.

    (2)  The following provisions shall regulate the tenure of office of the first members of an Agricultural Executive Committee other than the chairman:—

     (a)  at the end of the first year from the establishment of the Committee one-third (or, if one-third is not an integral number, the nearest integral number not exceeding one-third) of the said members, to be chosen by lot, shall retire from the Committee;
     (b)  at the end of two years from the establishment of the Committee one-half (or, if one-half is not an integral number, the nearest integral number not exceeding one-half) of the remaining first members of the Committee, to be chosen by lot, shall retire from the Committee.

    (3)  Any member of the Committee may resign his membership by notice in writing to the Secretary of State.

    (4)  The Secretary of State may revoke the appointment of a member of an Agricultural Executive Committee if in his view such revocation is desirable.

    (5)  Where the Secretary of State appoints a person in the place of a member whose office is vacated otherwise than in accordance with sub-paragraph (1) or (2) of this paragraph, the said sub-paragraphs (1) and (2) shall apply to the person so appointed as if he had become a member of the Committee at the same time as the member in whose place he was appointed, or, where two or more persons are appointed as aforesaid in succession, as if he had become a member of the Committee at the same time as the first member whose office was vacated as aforesaid.

        4.    An Agricultural Executive Committee may add to any sub­committee established by them persons not being .members of the Committee, who shall continue as members of the sub-committee for such period as the Committee may determine.
        5.    An Agricultural Executive Committee or sub-committee shall have power to fix and regulate their own procedure, including power to determine the number of members necessary to form a quorum.
        6.    A member of the Committee shall not vote on any question which relates to land of which he is the owner or occupier, or the agent or factor of the owner or occupier, or enter into any contract with the Committee unless the contract has been approved by the Secretary of State:

Provided that this paragraph shall not apply in relation to a contract entitling him to participate, on terms not more favourable than are available to similar members of the farming community in the area, in any service (including the supply of labour or goods) provided by the Committee in the interests of the farming community in the area.

 
Disqualification for appointment.
        7.    A person shall be disqualified for being appointed or being a member of an Agricultural Executive Committee or sub-committee so long as he is a member of the Commons House of Parliament.
 
Validity of Acts.
        8.—(1)  An Agricultural Executive Committee or sub-committee shall have power to act notwithstanding any vacancy among their members.

    (2)  All acts done at any meeting of any such body shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment or any disqualification of a person purporting to be a member thereof, be as valid as if that defect had not existed.

    (3)  Nothing in sub-paragraph (1) of this paragraph shall affect any requirement as to the number of members necessary to constitute a, meeting of any such body as aforesaid.

 
Oficers and Servants.
        9.    The Secretary of State shall attach to the Agricultural Executive Committees and sub-committees such of his officers and servants as he may with the approval of the Treasury determine to be required for providing the committees with the necessary officers and servants.
 
Allowances and Expenses.
        10.—(1)  The Secretary of State may pay to the members of an Agricultural Executive Committee or sub-committee such allowances as he may with the approval of the Treasury determine.

    (2)  The expenses of an Agricultural Executive Committee or sub­committee shall be defrayed by the Secretary of State.

 
Proof of Instruments.
        11.    Any document purporting to be a document duly executed or issued on behalf of an Agricultural Executive Committee or sub-Committee thereof shall, until the contrary is proved, be deemed to be a document so executed or issued, as the case may be.
 
Provisions as to holdings situated partly in one area and partly in another.
        12.    Where any agricultural holding lies partly in the area of one Agricultural Executive Committee and partly in the area of another, the Secretary of State may direct that for the purposes of anything required or authorised to be done by, to or before such a Committee in relation to that holding the whole of the holding shall be deemed to be comprised in the area comprising such part of the holding as may be specified in the direction.
 
 
Part II.
 
Agricultural Advisory Committees.
        1.    An Agricultural Advisory Committee shall consist of not more than two members appointed by the Secretary of State and of twelve other members (hereinafter referred to as "nominated members") nominated in accordance with the provisions of this Schedule, and appointed by the Secretary of State.
        2.    The nominated members shall be persons nominated—
     (a)  in the case of two members, by the appropriate agricultural college,
     (b)  in the case of two members, by the county council of the county in which the Committee district is situated, or where that district is situated in two or more counties by the county councils of those counties acting jointly,
     (c)  in the case of two members, by such organisation as appears to the Secretary of State to represent the interests of farmers,
     (d)  in the case of two members, by such organisation as appears to him to represent the interests of workers employed in agriculture,
     (e)  in the case of two members, by such organisation as appears to him to represent the interests of owners of agricultural land, and
     (f)  in the case of two members, by such other organisation or organisations interested in the welfare or development of agriculture as the Secretary of State may think fit to invite to make nominations.
        3.    If in relation to any appointment of a nominated member it appears to the Secretary of State that the college, council or organisation concerned have failed, within a reasonable time after he has called upon them by notice in writing so to do, to nominate a person for the appointment, the Secretary of State may, notwithstanding anything in the foregoing provisions of this Part of this Schedule, appoint as the nominated member in question such person as he thinks fit.
        4.    A Committee shall be deemed to be duly constituted and shall have power to act notwithstanding any vacancy among the members thereof.
        5.    Each Committee shall appoint a Chairman from among their members, and if they fail to do so within a period of one month from the date of their constitution, the appointment may be made by the Secretary of State.
        6.    The term of office of any member of a Committee shall be three years, but a member who Ceases to hold office shall, subject to the provisions of this Part of this Schedule as to nomination, be eligible for reappointment.
        7.    Any member of a Committee may resign his membership by notice in writing to the Secretary of State.
        8.    A Committee shall have power to regulate their own procedure, including power to determine the number of persons necessary to form a quorum.
        9.    The director of education and the medical officer of health of the county in which a Committee district is situated shall be entitled to attend meetings of the Committee in the capacity of assessors.
        10.    The Secretary of State may, with the approval of the Treasury, make such arrangements as appear to him expedient, after consultation with the appropriate agricultural college, for placing at the disposal of a Committee any secretarial and technical assistance which he may consider necessary or desirable.
        11.    The expenses up to such amount as may be approved by the Secretary of State incurred by a Committee in Carrying out their duties shall be defrayed by the Secretary of State.
        12.    In this Schedule the expression "appropriate agricultural college" in relation to any Agricultural Advisory Committee means the agricultural college responsible for agricultural education in that part of Scotland in which the district of the Committee is situated.
 
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