Part IV, Section 66 · Agriculture Act 1970

Contents

66Interpretation of Part IV.#

(1)In this Part of this Act—• “agricultural analyst” means an agricultural analyst appointed under section 6767A of this Act and, unless the context otherwise requires, includes a deputy agricultural analyst so appointed for the same area;• “analysis” includes any process for determining any fact as to the nature, substance or quality of any material;• “animal” includes any bird, insect or fish;• “enforcement authority” has the meaning assigned by section 67(3) of this Act;• “feeding stuff" means—(a) a product of vegetable or animal origin in its natural state (whether fresh or preserved);(b) a product derived from the industrial processing of such a product; or(c) an organic or inorganic substance, used singly or in a mixture (and whether or not containing additives);for oral feeding to pet animals and such desciptions of animals as may be prescribed being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land;• “fertiliser” means any material which, for the purpose of the cultivation of plants or fungi, is intended to supply plants or fungi or their seeds or spores with nutrients or to improve nutritional efficiency;• “final sample” has the meaning that it bears in Annex I to Regulation 152/2009;• “fish” includes shellfish;• “inspector” means an inspector appointed under section 6767A of this Act;• “the Minister” means, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State;• “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;• “^notepet animal” means any animal belonging to a species normally kept and nourished but not consumed by man, not being an animal which has been or may be prescribed for the purpose of the definition of “feeding stuff";• “prescribed” means prescribed by regulations;• “prescribed metric substitution”, in relation to a quantity specified in any provision of this Part of this Act in terms of tons, pounds, or gallons, means any quantity expressed in terms of metric units of measurement which regulations may direct to be substituted in that provision, either generally or in prescribed circumstances, for the quantity so specified, being a quantity so expressed appearing to the Ministers appropriate to be so substituted having regard to the convenience of persons likely to be affected and with a view to the effective execution of this Part of this Act;• “Regulation (EC) No. 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. • “Regulation (EC) No 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;• “Regulation (EC) No 767/2009” means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;• “Regulation 152/2009” means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed;• “regulations” means regulations made as provided in section 84 of this Act;• “sampled portion”, in relation to any material, means a prescribed amount of that material from which a sample has been taken by an inspector in the prescribed manner, being an amount—(a) consisting either—(i) entirely of material packed in one or more containers; or(ii) entirely of material not so packed; and(b) not exceeding, in the case of an amount consisting of material so packed, the requisite quantity, that is to say, five tons or 1,000 gallons or the prescribed metric substitution, except where—(i) it consists of material packed in a single container; or(ii) it consists of material packed in two or more containers each of which holds less than the requisite quantity, in which case the prescribed amount may be the contents of the lowest number of those containers which together hold the requisite quantity;• “statutory statement"has the meaning assigned by section 68(1) of this Act.

(2)For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.

(3)Any material consigned to a purchaser shall not for the purposes of this Part of this Act be deemed to be delivered to him until it arrives at the place to which it is consigned whether the consignment is by direction of the seller or the purchaser.

(4)Where any material is delivered to a purchaser in two or more consignments this Part of this Act shall apply separately to each consignment.

(5)For the purposes of this Part of this Act, the appropriation of any material by one person for use—

(a)in the performance for hire or reward of services to another person in pursuance of a contract in that behalf, or

(b)under arrangements with another person not constituting a sale of the material to that other person, being arrangements which are intended to benefit both the person appropriating the material and that other person but under which the probability or extent of any benefit to that other person may be affected by the quality of the material,

shall be treated as a sale of that material to that other person by the person so appropriating it, and references to sale or purchase and cognate expressions shall be construed accordingly.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 30

Show every defined term

agricultural analyst
means an agricultural analyst appointed under 67A of this Act and, unless the context otherwise requires, includes a deputy agricultural analyst so appointed for the same area;
agricultural business
means a business consisting in, or such part of any business as consists in, the pursuit of agriculture and includes any other business, of a kind for the time being specified by an order made by the appropriate authority, which is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture and is carried on on the same or adjacent land;
analysis
includes any process for determining any fact as to the nature, substance or quality of any material;
animal
includes any bird, insect or fish;
chief agricultural analyst
means the chief agricultural analyst for Northern Ireland”
contributions
includes any payments;....
exempt smallholdings authority
means a smallholdings authority in respect of which a direction given under section 40(4) of this Act is for the time being in force.
existing smallholding
means a unit of land which, being held by a smallholdings authority or (as the case may be) by the Minister for the purposes of smallholdings, is for the time being let as a smallholding (whether under this Act or under the previous enactments relating to smallholdings) or, if it is not for the time being in use, was so let when it was last in use;
feeding stuff
means— (a) a product of vegetable or animal origin in its natural state (whether fresh or preserved);
fertiliser
means any material which, for the purpose of the cultivation of plants or fungi, is intended to supply plants or fungi or their seeds or spores with nutrients or to improve nutritional efficiency;
final sample
has the meaning that it bears in Annex I to Regulation 152/2009;
fish
includes shellfish;
inspector
means an inspector appointed under 67A of this Act;
pet animal
means any animal belonging to a species normally kept and nourished but not consumed by man, not being an animal which has been or may be prescribed for the purpose of the definition of “feeding stuff";
prescribed
means prescribed by regulations;
public authority
means a person exercising functions of a public nature.
Regulation (EC) No 1831/2003
means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;
Regulation (EC) No 767/2009
means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;
Regulation (EC) No. 178/2002
means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. • “Regulation (EC) No 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;
Regulation 152/2009
means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed;
regulations
means regulations made as provided in section 84 of this Act;
relevant Exchequer payments
shall mean— and “the relevant date” shall, for any grant and the related administrative expenses, be the date when the grant was paid.
statutory statement
has the meaning assigned by section 68(1) of this Act.
the appropriate fee
means such fee as may be fixed by the Secretary of State with the approval of the Treasury, and different fees may be fixed for different materials and for different analyses of the same material.
the Minister
(subject to section 62 of this Act) means the Minister of Agriculture, Fisheries and Food;
the Ministers
means the Minister and the Secretary of State for Wales and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly;
the previous enactments relating to smallholdings
means any of the following, that is to say, the Small Holdings and Allotments Acts 1908 to 1931 and Part IV of the Agriculture Act 1947;
the repeal
means the repeal by this Act of the enactments specified in Part III of Schedule 5 thereto, and “the repealed enactments” means the enactments so specified.
the repealed enactments
means the enactments so specified.
Wales
includes Monmouthshire and references to England shall be construed accordingly.

Agriculture Act 1970

66Interpretation of Part IV.#

Connections

Defined terms · 30

Key facts

History · 1 version

66Interpretation of Part IV.#