[14th August 1855]

1 Sale, &c. of premises in respect of which grant of money has been made not to be valid without consent of Secretary of State, &c.
Where any grant hath been made or shall hereafter be made out of any sums of money heretofore granted or hereafter to be granted by Parliament for the purposes of education in Great Britain, under the advice of any Committee of the Council on Education to the trustees, managers, or other persons applying on behalf of any school, with the consent of the trustees or persons holding the legal estate thereof, for or towards the purchase of the site, or the erection, enlargement, or repair of the school, or the residence of the master or mistress, or the furnishing such school or residence, no sale, exchange, or mortgage of the premises in respect of which such grant hath been or may hereafter be made, in exercise of any power contained in the conveyance or other deed relating thereto, or under any other legal authority, shall be valid unless either the Secretary of State gives his written consent . . . , or the amount of the grant which shall have been made as aforesaid shall be repaid to the Treasury; and whenever any grant as aforesaid shall be hereafter made, a memorandum, to be signed by one of the Lords Commissioners of the Treasury shall be endorsed upon some one of the title deeds relating to the school, certifying to the fact of the grant having been made upon such application, and for some such purpose as aforesaid, and referring to this Act; and in any case in which any grant as aforesaid shall have been already made, so soon as such memorandum shall have been endorsed and signed on any such deed, all bonds, covenants, or other personal obligations, heretofore given or entered into to prevent the exercise of any such power of sale, exchange, or mortgage without such consent as aforesaid, shall, so far as they relate to such exercise, but no further, be annulled.

2 Purchasers not to be affected without notice.
Nothing herein contained shall affect any purchaser for a valuable consideration without notice, nor be deemed to apply to any school in respect of any such grant heretofore made without any such bond, covenant, or other personal obligations, or conditions as to sale, exchange, or mortgage, having been entered into by the trustees or persons holding the legal estate in such schools and the Committee of Council on Education.


[20th July 1993]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Titles to be assigned to video works for identification purposes.
(1) In subsection (1) of section 4 of the Video Recordings Act 1984 (arrangements for classification of video works), in paragraph (b) before sub-paragraph (i) there shall be inserted the following sub-paragraph—
“(ia)for assigning a unique title to each video work in respect of which a classification certificate is to be issued”.
(2) In paragraph (c) of that subsection the words from “including” to the end shall be omitted and after that subsection there shall be inserted the following subsections—
“(1A)A title assigned to a video work under subsection (1)(b)(ia) above shall consist of—
(a) the title under which the video work was determined to be suitable for the issue of a classification certificate; and
(b) a registration number (which may contain letters and other symbols as well as figures).
(1B) The record maintained under subsection (1)(c) above shall include, in relation to each video work in respect of which a classification certificate has been issued, a video recording which—
(a) contains the video work; and
(b) shows, or shows on its spool, case or other thing on or in which the recording is kept—
(i) the title assigned to the video work under subsection (1)(b)(ia) above; and
(ii) the determination or determinations made in respect of the video work.”
(3) In subsection (2) of section 7 of that Act (contents of classification certificate), after the words “must contain” there shall be inserted “ the title assigned to the video work in accordance with section 4(1)(b)(ia) of this Act and. ”

2 General defence to offences under the 1984 Act.
After section 14 of the Video Recordings Act 1984 there shall be inserted the following section—

“14A General defence to offences under this Act.
Without prejudice to any defence specified in the preceding provisions of this Act in relation to a particular offence, it is a defence to a charge of committing any offence under this Act to prove—
(a) that the commission of the offence was due to the act or default of a person other than the accused, and
(b) that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by any person under his control.”

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Extension of procedure for evidence by certificate.
In section 19 of the Video Recordings Act 1984 (evidence by certificate) after subsection (3) there shall be inserted the following subsections—
“(3A)In any proceedings in England and Wales or Northern Ireland for an offence under this Act, a certificate purporting to be signed by a person authorised in that behalf by the Secretary of State and stating—
(a) that he has examined the record maintained in pursuance of arrangements made by the designated authority, and
(b) that the record shows that, on the date specified in the certificate, no classification certificate had been issued in respect of a video work having a particular title,
shall be admissible as evidence of the fact that, on that date, no classification certificate had been issued in respect of a work of that title.
(3B) In any proceedings in England and Wales or Northern Ireland for an offence under this Act, a certificate purporting to be signed by a person authorised in that behalf by the Secretary of State and stating—
(a) that he has examined the record maintained in pursuance of arrangements made by the designated authority, and
(b) that the record shows that, on the date specified in the certificate under this subsection, a classification certificate was issued in respect of a video work having a particular title and that a document identified by the certificate under this subsection is a copy of the classification certificate so issued,
shall be admissible as evidence of the fact that, on that date, a classification certificate in terms of the document so identified was issued in respect of a work of that title.”

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Short title, commencement and extent.
(1) This Act may be cited as the Video Recordings Act 1993.
(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
(3) Section 5 above extends to Scotland only.
(4) This Act (apart from section 5) extends to Northern Ireland.


[24th May 1966]

PART IFRESH HORTICULTURAL PRODUCE

Grading of produce

1 Power to prescribe grades of produce.
(1) The Ministry of Agriculture (in this Act referred to as “the Ministry” ) may in relation to any description of fresh horticultural produce by regulations designate and define grades of quality, and prescribe for each grade the form of a label for indicating that produce in connection with which the label is used falls within that grade.
(2) Regulations under subsection (1) may provide that a label recognised under the law of any country outside Northern Ireland as indicating that produce in connection with which it is used is of a quality not inferior to that required for a grade defined under that subsection shall be treated for the purposes of this Part as if it were in the form so prescribed for that grade.
[(3)Regulations under subsection (1) above shall not apply to produce of any description for the time being subject to Community grading rules; but in relation to any such produce the Ministry may by regulations—
(a) make additional provision as to the form of any label required for the purpose of those rules or as to the inclusion in any such label of additional particulars (not affecting the grading of the produce);
(b) provide for the application, subject to any modification specified in the regulations, of all or any of the following provisions of this Part of this Act as if the produce were regulated fresh produce and as if the standards of quality established by those rules were prescribed grades.]

2 Duties as to grading.
(1) Except in such circumstances as are mentioned in subsection (2), a person shall not sell any fresh horticultural produce of a description in relation to which grades of quality are designated and defined under section 1(1) (in this Part referred to as “regulated fresh produce” ) unless the produce falls within a defined grade and is packed in a package to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a package, has affixed to it such a label.
(2) The circumstances referred to in subsection (1) are as follows:—
(a) a sale of the produce in the ordinary course of a retail business, where on any occasion the total quantity of such produce of any description which is the subject of the sale does not exceed (whether by reference to weight or to number or both) such quantity as may be prescribed for produce of that description;
(b) a sale where the produce is to be used by the buyer in manufacturing or producing any commodity for sale or other disposal by him;
(c) a direct sale by the producer of any produce to a person (other than a retailer or a person who buys the produce for use in manufacturing or producing any commodity for sale or other disposal by him) who gives the producer an undertaking in writing—
(i) that before any sale by him of any of the produce, not being a sale such as is mentioned in paragraph ( b), the produce will be sorted into the defined grades and any produce the quality of which is inferior to that required for the lowest defined grade will be separated from other produce; and
(ii) that on any sale by him of any of the produce falling within a defined grade, not being a sale such as is mentioned in paragraph ( b), the produce will be packed in a package to which is affixed a label in the form prescribed for that or any lower grade or, if not packed in a package, will have affixed to it such a label.
(3) The Ministry may by order provide that subsection (2) shall have effect, in relation to such sales as are described in the order, as if paragraph ( b) thereof, and any reference to that paragraph in paragraph ( c) thereof, were omitted.
(4) In subsection (2)( c) “direct sale” means a sale where negotiations on behalf of the vendor are not conducted by any agent other than a person employed by him under a contract of service.

3 Offences in connection with grading.
(1) A person shall be guilty of an offence if he sells any regulated fresh produce in contravention of section 2 or, with intent to sell any such produce in circumstances such that the sale would contravene that section, he—
(a) offers or exposes the produce for sale, or
(b) not being the producer thereof, has the produce in his possession for sale, or
(c) being the producer thereof, consigns the produce for sale.
(2) A person shall be guilty of an offence if, on behalf of the owner of any regulated fresh produce,—
(a) he carries out a sale of the produce in circumstances such that the sale contravenes section 2, or
(b) with intent to carry out a sale of the produce in such circumstances, he offers or exposes it for sale or has it in his possession for sale.
(3) A person shall be guilty of an offence if, having given an undertaking such as is mentioned in section 2(2)( c), he fails to comply with the undertaking.
(4) A person shall be guilty of an offence if he represents, whether by affixing an incorrect label to a package containing any regulated fresh produce or in any other manner, that regulated fresh produce the quality of which is inferior to that required for a prescribed grade falls within that grade.
[(5)A person shall be guilty of an offence if he sells, offers for sale, delivers, or markets in any other manner any regulated fresh produce in contravention of Community grading rules or with intent to sell, offer for sale, deliver, or market in circumstances that the sale, offer for sale, delivery or marketing would contravene those rules, he—
(a) offers or exposes the produce for sale; or
(b) not being the producer thereof, has the produce in his possession for sale; or
(c) being the producer thereof consigns the produce for sale.
(6) A person shall be guilty of an offence if, on behalf of the owner of any regulated fresh produce—
(a) he sells, offers for sale, delivers or markets regulated fresh produce in circumstances such that the sale, offer for sale, delivery or marketing contravenes Community grading rules; or
(b) with intent to sell, offer for sale, deliver or market regulated fresh produce in such circumstances he offers or exposes it for sale or has it in his possession for sale.
(7) A person shall be guilty of an offence if having given an undertaking or having been responsible for the giving of an undertaking on his behalf by another person as to any resorting, regrading or relabelling of regulated fresh produce found not to conform to Community grading rules he fails to comply with the undertaking.
(8) A person shall be guilty of an offence if he offers regulated fresh produce of a description included in Chapter 6 of the Common Customs Tariff of the European Communities, as amended or replaced from time to time, for which there is a prescribed grade and in relation to which a price has been quoted in any advertisement, catalogue or price list without giving particulars required by Community grading rules relating thereto.
(9) A person shall be guilty of an offence if he despatches any consignment of regulated fresh produce weighing 4 metric tons or more from one despatching area as specified from time to time in Community grading rules, to another such despatching area or exports any consignment of regulated fresh produce to any place outside the European Economic Community without any certificate accompanying the produce as required by Community grading rules.
(10) A person shall be guilty of an offence if he knowingly gives in relation to regulated fresh produce whether by affixing an incorrect label or in any other manner a description of the produce which does not comply with the requirements of Community grading rules.
(11) A person shall be guilty of an offence if he fails to make any request for inspection or give any notice or information required by Community grading rules.]

4 Penalty for act or default leading to commission of offence by another.
Where a contravention of a provision of this Part for which a person is liable to be convicted of an offence under [ section 3(1)(2)(3)(5) or (6)] was due to an act or default of another person, then, whether proceedings are taken against the first-mentioned person or not, that other person may be charged with and convicted of the offence, and shall on conviction be liable to any punishment (whether by way of fine or imprisonment or both) which does not exceed the maximum punishment to which the first-mentioned person would, on conviction, be liable.

5 Pleading of warranty as defence.
(1) Subject to the provisions of this section, where in proceedings for an offence in relation to any produce under [ section 3(1)(2)(5) or (6)] it would have been a defence for the person charged to prove that the produce conformed to a prescribed grade, it shall be a defence for him to prove—
(a) that he brought or took delivery of the produce as being of a quality falling within that grade, and with a written warranty to that effect; and
(b) that at the time of the commission of the offence he had no reason to believe the statement contained in the warranty to be inaccurate, that he then did believe in its accuracy and that he had taken such steps, if any, as were reasonably practicable to check its accuracy; and
(c) that he took all reasonable steps to ensure that the quality of the produce was the same at the time of the commission of the offence as when it left the possession of the person from whom the warranty was received.
(2) Where the proceedings are in respect of an offence committed by the person charged in the course of his employment, it shall be a defence for him to prove—
(a) that if his employer had been charged the employer would have had a defence under subsection (1) in respect of a warranty; and
(b) that at the time of the commission of the offence the person charged had no reason to believe the statement contained in the warranty to be inaccurate.
(3) Where the person charged intends to set up a defence under this section he shall, not later than three days before the date of the hearing,—
(a) send to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person by whom it is alleged to have been given; and
(b) send to the last-mentioned person a notice giving the date and place of the hearing and stating that he intends to rely on the warranty.
(4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and give evidence.
(5) If the person charged in any such proceedings as aforesaid wilfully attributes to any produce a warranty given in relation to any goods not including that produce, he shall be guilty of an offence.
[(6)For the purposes of this section any grade or standard of quality entered in an invoice or certificate relating to any produce or indicated by a label affixed to the produce or a package or freight container containing the produce shall be deemed to be a written warranty that the produce conforms to the standard of quality so entered or indicated.]

6 Pleading of mistake, act of third party, etc., as defence.
In proceedings for any offence under section 3 in respect of any produce it shall be a defence for the person charged to prove—
(a) that the commission of the offence was due to the act or default of some other person, or to a mistake, or to an accident or some other cause beyond his control; and
(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence in respect of that produce by himself or any person under his control.

Packing and transport of produce

7 Power to require use of prescribed packages, etc.
(1) With a view to reducing the risk of deterioration of or damage to produce while in transit or promoting efficiency in the transport and handling of produce, the Ministry may make regulations imposing a duty on any person consigning fresh horticultural produce in circumstances other than the circumstances mentioned in subsection (3) to secure that such packages, pallets and other articles as may be prescribed by the regulations are used for the transport of the produce.
(2) The Ministry may make regulations directing that fresh horticultural produce of any description shall not be—
(a) sold; or
(b) offered or exposed for sale;
in packages, in circumstances other than the circumstances mentioned in subsection (3), except subject to such conditions as may be prescribed with respect to—
(i) the types, sizes, capacity and specifications of the packages;
(ii) the quantity of produce which may be, or is required to be, packed therein;
(iii) the manner in which the produce is to be packed, and the types and specifications of any packing material.
(3) The circumstances referred to in subsections (1) and (2) are, respectively,—
(a) the consigning of the produce for delivery after—
(i) a sale by retail; or
(ii) a sale where the produce is to be used by the buyer in manufacturing or producing any commodity for sale or other disposal by him; and
(b) the sale or the offering or exposing for sale of the produce in such a case as is mentioned in sub-paragraph (i) or (ii) of paragraph ( a).
[(c)the sale or offering for sale of produce subject to Community grading rules.]
(4) If any person contravenes a regulation made under this section he shall be guilty of an offence.

8 Provisions as to sale of produce in packages.
(1) All fresh horticultural produce sold or offered or exposed for sale, by wholesale or retail, in a package shall be packed in such a manner that any of the produce which is exposed to view, or which would be exposed to view if the package were opened in the ordinary manner, fairly represents in size, maturity, condition and variety the entire contents of the package.
(2) Any person who, in such a manner as to contravene this section, either sells any fresh horticultural produce or offers or exposes any such produce for sale shall be guilty of an offence.

Interpretation

9 Interpretation of Part I.
In this Part—
  * “defined grade”, in relation to regulated fresh produce of any description, means a grade of quality designated and defined in relation to produce of that description under section 1(1);
  * “fresh horticultural produce” means—
    (a) fruit, vegetables, herbs, nuts and edible fungi, whether freshly-gathered or stored or taken from store, but not including potatoes or hops or any dried, frozen, bottled, canned or preserved produce;
    (b) cut flowers and decorative foliage;
    (c) pot plants, bedding plants and herbaceous plants;
    (d) shrubs and flowering trees;
    (e) fruit trees, fruit bushes and fruit plants; and
    (f) bulbs, corms and tubers;
  * “regulated fresh produce” has the meaning assigned to it by section 2(1).

PART IIHORTICULTURAL PRODUCE PROCESSED IN NORTHERN IRELAND

10 Produce to which Part II applies.
This Part applies to the following horticultural produce, that is to say, fruit, vegetables and edible fungi, whether freshly-gathered or stored or taken from store or dried, frozen, bottled, canned or preserved.
Ss. 11‐14 rep. by 1996 NI 11

15 Power of Ministry to undertake research, and to provide advice, etc.
(1) The subjects with respect to which the Ministry may, under section 5(4) of the Agriculture Act (Northern Ireland) 1949 , either itself undertake research or make advances to a person or body undertaking research, shall include matters relating to the processing of horticultural produce.
(2) The Ministry may—
(a) generally, provide for persons carrying on or proposing to carry on a business involving the processing of horticultural produce, or the packing or transporting of processed horticultural produce, advice in relation to any of those matters; and
(b) in particular, in relation to any of the matters referred to in paragraph ( a), with the approval of the Ministry of Finance,—
(i) arrange lectures, classes and displays (including demonstrations of working exhibits and instructional apparatus); and
(ii) make schemes providing for the payment by the Ministry of sums by way of scholarships for the purposes of enabling or assisting persons to secure instruction or to undertake research in any subject or course of subjects specified in the schemes.

16 Meaning of “processing” in relation to horticultural produce.
For the purposes of this Part “processing” in relation to horticultural produce means subjecting such produce to any, or any combination, of the following processes—
(a) a process of peeling, trimming, washing or other preparation for canning, bottling, drying or freezing;
(b) a process of filling into containers or closing containers, being, in either case, a process used in association with any process such as is referred to in paragraph ( c), ( d) or ( e);
(c) a process of treatment by heat, chemicals, irradiation or any other means of cooking or sterilising, whether before, during or after filling into containers;
(d) a process of drying;
(e) a process of freezing;
but does not include any such process conducted by a person carrying on the business of manufacturing jam, marmalade or jelly preserves in so far only as it relates to the purposes of such a business.

Part III (ss. 17—23) rep. by 1996 NI 11

PART IVSUPPLEMENTAL

Authorised officers, etc.

24 Power to enter premises, etc., and examine horticultural produce.
(1) Any person authorised by the Ministry in writing to exercise functions under this Act (in this Act referred to as an “authorised officer” ) shall for the purposes of this Act have power (on production, if demanded, of his authority to act as such officer)—
(a) to enter, at any reasonable time, any premises (other than a building used only as a private dwelling-house) or any place which he has reasonable cause to believe to be premises or, as the case may be, a place where horticultural produce is grown for sale, graded, processed or packed, or on which horticultural produce intended for sale is to be found;
(b) to enter, at any reasonable time, the premises of, or used by, any person engaged in the business of carrying goods for reward, any pier, quay, wharf, jetty, dock, dock premises or aerodrome and any ship, boat, aircraft, railway wagon, motor lorry, cart or other vessel or vehicle used for the conveyance of goods, and to open, for the purpose of inspection, any package of horticultural produce which may be found in or upon any premises, place, vessel, vehicle or aircraft which he is entitled to enter under this paragraph;
(c) to inspect and, without payment, take reasonable samples of any horticultural produce found in or upon any such premises, place, vessel, aircraft or vehicle and to seize and detain any label, package or container used in connection with such produce.
(2) An authorised officer entering any premises, place, vessel, aircraft or vehicle by virtue of this section may take with him such other persons and such equipment as may appear to him necessary.
(3) If any authorised offiicer or other person who enters any premises by virtue of this section discloses to any person any information obtained by him in the premises with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

25 Power to give directions as to horticultural produce in transit.
(1) Where an inspection of horticultural produce of any description is made under this Act whilst the produce is in transit and an authorised officer is satisfied that the produce does not conform to any standard of quality prescribed under this Act for produce of that description, or is not graded, packed and labelled in the manner so prescribed, the Ministry or the authorised officer may direct that the produce shall be returned to the consignor at the place from which it was consigned or, if the Ministry or the authorised officer approves, at such other place within Northern Ireland as the consignor may elect, and thereupon the carrier or the consignor, as the case may require, shall, at the expense of the consignor, proceed to execute such direction with all reasonable speed.
(2) Nothing in this section shall be construed as authorising anything to be done to the prejudice of any powers of a carrier to secure payment of freight charges in respect of any consignment carried by him.

26 Power of authorised officer to regrade produce.
Where, in or upon any premises, place, vessel, aircraft or vehicle which he has a right to enter under section 24, an authorised officer finds any horticultural produce, being produce of a description for which grades of quality are defined under any provision of this Act,—
[(a)which has affixed to it a label or which is accompanied by a certificate which is in the form prescribed for any produce under section 1. . . , for any grade designated or defined under section 1. . . as the case may be or is in a container or package or freight container to which such a label is affixed or which is accompanied by a certificate, but
(b) which he has reasonable cause to believe to be of a quality inferior to the quality required for that grade,
he may—
(i) in such manner as may be prescribed, cancel that label or certificate and affix to the produce or to the container or package or freight container a label in such form as may be prescribed, indicating what appears to him to be the correct grade or, where it appears to him that the quality of the produce is inferior to that required for the lowest grade defined for produce of that description indicating that fact; or]
(ii) require any person who has custody or possession of the produce, or authorise any other person, to do in the like manner anything referred to in paragraph (i).

27 Offences.
(1) A person shall be guilty of an offence if—
(a) he wilfully obstructs or impedes an authorised officer or a constable acting under this Act; or
(b) without reasonable cause he fails to give to any authorised officer or any constable acting as aforesaid any assistance or information which the authorised officer or constable (as the case may be) may reasonably require of him for the purposes of the performance by the authorised officer or constable of his functions under this Act.
(2) A person shall be guilty of an offence if, in giving to an authorised officer or a constable any such information as is mentioned in subsection (1), he knowingly or recklessly gives any information which is false in a material particular.
[(3)A person shall be guilty of an offence if—
(a) without lawful authority he affixes to a container or package or freight container containing any horticultural produce, or to the produce itself, or to the certificate accompanying the produce a label in the form prescribed for the purposes of section 26 or for the purposes of any corresponding provision of an enactment of the Parliament of the United Kingdom for the time being in force; or
(b) having been lawfully required, in pursuance of section 26, to affix to any container or package, or freight container or produce or to the produce itself, or to the certificate accompanying the produce such as is described in paragraph ( a) any label in the form prescribed for the purposes of section 26, he fails to do so within any reasonable period of time specified to him by the person issuing the requirement, or, having been so required or in like manner authorised to so affix such label, he does so otherwise than in accordance with the terms of the requirement or authorisation; or
(c) where under section 26 or any such corresponding provision as is mentioned in paragraph ( a) a label has been affixed to a container or package or freight container containing any fresh horticultural produce, or to the produce itself or to the certificate accompanying such produce, he with intent to deceive, removes, alters, defaces or conceals the label.]
(4) Nothing in this section shall be construed as requiring a person to answer any question or give any information (other than his name and address) if to do so might incriminate him.
Ss. 28‐30 rep. by 1996 NI 11

Legal proceedings

31 Punishment of offences under this Act.
(1) A person guilty of an offence under. . . section 27(1). . . ,. . . shall be liable on summary conviction to a fine not exceeding level 2 on standard scale.
(2) A person guilty of an offence under any of the provisions of this Act, other than the provisions mentioned in subsection (1), shall be liable on summary conviction. . . , to a fine not exceeding £1,000, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

32 Prosecution of offences.
(1) No proceedings for an offence under any of the provisions of this Act may be instituted except—
(a) by the Ministry; or
(b) by, or with the consent of, the Attorney-General.
(2) Subsection (1) shall not operate so as to affect a prosecution for an offence committed by an authorised officer or other officer of the Ministry.

General

33 Regulations and orders.
(1) All regulations made under this Act, and any orders made under section 2(3), shall be subject to negative resolution.
(2) Before making any regulations under this Act the Ministry shall consult with such organisations as appear to the Ministry to be representative of interests affected by the regulations.
(3) Before making any regulations under this Act, in a case where the regulations relate to matters which may be dealt with by regulations made under the Food Safety (Northern Ireland) Order 1991, the Ministry shall consult with the Ministry of Health and Social Services.
S.34 rep. by SLR 1976

35 Interpretation.
(1) In this Act—
  * “authorised officer” has the meaning assigned to it by section 24(1);
  * [ “Community grading rules” means any directly applicable Community provisions establishing standards of quality for fresh horticultural produce;]
  * [ “certificate” includes any document other than a label which accompanies any produce and which contains information relating to the standard of quality to which it refers;
  * “standards of quality” means in relation to produce a common standard imposed by Community grading rules relating to quality, size and packaging;
  * “freight container” means any returnable container especially designed for the carriage of freight in transport.]
  * “container” means a can, bottle, carton or other vessel or receptacle used in the processing of horticultural produce or in which processed horticultural produce is packed;
  * “label” includes any device for conveying information by written characters or other symbols, and any characters or symbols stamped or otherwise placed directly on to a package or container or, as the case may be, the produce, and references to the affixing of a label shall be construed accordingly;
  * “the Ministry” has the meaning assigned to it by section 1(1);
  * “package” includes any wrapper, bag, basket, pail, punnet, tray, case, carton, parcel, cask, box, crate or other receptacle;
  * “premises” includes any stall;
  * “prescribed” means prescribed by regulations made by the Ministry;
  * “processed horticultural produce” means horticultural produce to which Part II applies which has been processed (within the meaning of that Part) in Northern Ireland.
(2) In sections 24 to 27 “horticultural produce” means produce being—
(a) regulated fresh produce within the meaning of Part I;
Paras. (b), (c) rep. by 1996 NI 11

36 Savings.
Nothing in this Act shall affect the operation of—
(a) the Plant Health Act (Northern Ireland) 1967; or
(b) the Food Safety (Northern Ireland) Order 1991.
S. 37 rep. by 1996 NI 11

38 Short title and commencement.
(1) This Act may be cited as the Horticulture Act (Northern Ireland) 1966.
(2) Commencement

Schedule rep. by 1996 NI 11


[7th July 1953]

1 Licensing of slaughter-houses.
(1) The Ministry of Agriculture (in this Act referred to as “the Ministry”) may issue licences in respect of slaughter-houses, subject to such conditions as may be prescribed including (but without prejudice to the generality of the foregoing words) conditions as to the kind or kinds of animal which may be slaughtered in any slaughter-house.
(2) An application for a licence under this section (in this Act referred to as a “licence”) shall be in such form as may be prescribed.
(3) The Ministry, on receiving an application for a licence—
[(a)shall, before issuing the licence, consult the district council for the district in which are situated the premises in respect of which the application is made];
(b) may before issuing the licence cause an inspection to be made by an authorised officer of the premises, plant and equipment proposed to be used for the purposes of the slaughter-house in respect of which the application is made.
(4) An application duly made for the issue of a licence may be refused on the ground that—
(a) the applicant was at any time a licence-holder whose licence has been revoked either by the Ministry under this Act or by a court of summary jurisdiction under any other enactment;
(b) the slaughter-house of the applicant is one in respect of which a licence previously subsisted and has been revoked either by the Ministry or by a court as aforesaid;
(c) the premises used, or proposed to be used, for the purposes of the slaughter-house of the applicant are wholly or partly the same as those used for the purposes of a slaughter-house in respect of which a licence previously subsisted and has been revoked either by the Ministry or by a court as aforesaid;
(d) the applicant is a person who has been convicted of an offence against this Act or any other enactment relating to the regulation of slaughter-houses;
(e) the Ministry is not satisfied that the premises, plant and equipment used for the purposes of the slaughter-house of the applicant comply or, regard being had to any alterations or additions which it is proposed to make respecting the premises or the buildings or plant thereon or the equipment thereof, will be made to comply, with such requirements as shall be prescribed; or
Para. (f) rep. by 1984 NI 2
and, subject to the last preceding sub-section, shall not be refused on any other ground.
(5) A licence shall be in such form as may be prescribed, and shall contain a statement specifying the name and address of the licence-holder and particulars of the premises used for the purposes of the slaughter-house in respect of which it is issued.
(6) A licence shall continue in force until it is revoked or suspended either under section three of this Act or by a court of summary jurisdiction under any other enactment, or is surrendered by the licence-holder.
(7) Subject to the succeeding sub-section, it shall not be lawful for any person to slaughter or cause or permit to be slaughtered for human consumption an animal of any kind except in a slaughter-house duly licensed under this section for the slaughter of animals of that kind, or operated by the Ministry under section eight of this Act.
(8) The Ministry may by order exempt from the provisions of the last preceding sub-section—
(a) the slaughter in any part of Northern Ireland designated in the order of pigs for sale to a person who is a licensed bacon-curer within the meaning of the Agricultural Produce (Meat Regulation) Act (Northern Ireland), 1930 [1930 c.23] ;
(b) the slaughter on farms in any part of Northern Ireland designated in the order of animals, the property of the owner or occupier of the farm on which they are slaughtered, for the purpose of their being consumed in the household of such owner or occupier;
(c) the slaughter of any animal under or by virtue of the Diseases of Animals (Northern Ireland) Order 1981; or
(d) the slaughter of animals whose immediate slaughter becomes necessary or expedient by reason of injury or by reason of infirmity other than disease within the meaning of the Diseases of Animals (Northern Ireland) Order 1981;
and any exemption under this sub-section shall be subject to such conditions as may be specified in the order; and any such order may be varied or revoked by a subsequent order. Every order made under this sub-section shall be published forthwith in the Belfast Gazette.

2 Register of licensed slaughter-houses.
(1) The Ministry shall for the purposes of this Act cause to be kept a register and in respect of every licence issued shall cause to be entered in that register—
(a) the full name, address and description of the licence-holder;
(b) particulars of the premises used for the purposes of the slaughter-house in respect of which the licence is issued;
(c) such other particulars as may from time to time be determined by the Ministry.
Subs. (2) rep. by 1962 c. 13 (NI)

3 Revocation and suspension of licences.
The Ministry may revoke or suspend a licence by reason—
(a) of the non-compliance of the licence-holder with any condition attached thereto; or
(b) that the licence-holder has been convicted of an offence against this Act, or under any other enactment relating to the regulation of slaughter-houses.

4 Appeals.
The Ministry where it revokes or suspends a licence shall by means of a registered letter notify its decision to the licence-holder concerned, who may within twenty-eight days of the posting of such letter serve on the Ministry in accordance with county court rules a notice of appeal to quarter sessions against such decision; and such appeal shall be heard and determined by the court of quarter sessions for the district in which the premises are situate in respect of which the licence was issued… .

5 Records and returns.
(1) Licence-holders shall keep such records and shall furnish to the Ministry in the prescribed manner and at the prescribed times such returns as may be prescribed. Any such records shall be open to inspection at all reasonable times by an authorised officer.
(2) No individual return or part of a return furnished under this section shall be published or disclosed except [ to a Department of the Government of Northern Ireland or of the United Kingdom or] for the purposes of a prosecution under this Act.

[5ADuty to slaughter animals in slaughter-houses at request of retailers of meat.
(1) A district council which manages or has under its control a slaughter-house and any other person operating a commercial slaughter-house shall, at the request of any person carrying on the business of selling meat by retail for human consumption in Northern Ireland, slaughter any animal presented to it or him for slaughter for the purposes of that business, being an animal of a kind which may be slaughtered in that slaughter-house.
(2) An animal so slaughtered in a commercial slaughter-house shall be slaughtered upon such terms and conditions as shall be determined by the Department and an animal so slaughtered in a slaughter-house managed or under the control of a district council shall be slaughtered in accordance with the bye-laws applying to that slaughter-house.
(3) In this section “commercial slaughter-house” means a slaughter-house which is not managed by or under the control of a district council.
(4) A district council or other person who fails to comply with the provisions of subsection (1) shall be guilty of an offence under this Act.]

6 Enforcement.
(1) An authorised officer shall, without prejudice to any other provision of this Act, have power—
(a) to enter at all reasonable times any premises owned or occupied for the purpose of his slaughter-house by or on behalf of a licence-holder, and to inspect any process, plant, equipment or appliance used in or in connection with that slaughter-house, or any animal, meat, offals or any other substance or thing being in his possession for the purpose of that slaughter-house;
(b) to take for the purpose of expert examination samples of meat or offals found in his possession for the purpose of his slaughter-house.
(2) If the Ministry has reason to believe that, in contravention of sub-section (7) of section one of this Act, any animal has been or is about to be slaughtered in or at any premises or place, the Ministry may specially authorise any of its officers to enter such premises or place, and an officer so authorised shall have the like powers of entry, inspection and taking samples as are conferred on an authorised officer by the preceding sub-section.
(3) An authorised officer exercising any power conferred on him by or under this Act shall produce his authority if so requested by or on behalf of the owner or occupier of the premises wherein, or in relation to which, he is exercising or is about to exercise such power.
(4) Any person who—
(a) obstructs or impedes an authorised officer in the exercise of any power conferred on him by this Act;
(b) fraudulently alters or uses, or causes or permits to be fraudulently altered or used, any licence or other document issued or granted under or by virtue of this Act;
(c) being a licence-holder, makes any false or fraudulent statement in any record kept by him under or by virtue of this Act;
(d) acts in contravention of or neglects or fails to comply with any provision of this Act or of any regulation made thereunder;
shall be guilty of an offence against this Act.
(5) A person guilty of an offence against this Act shall on summary conviction thereof be liable... to a fine not exceeding level 4 on the standard scale; and where any such offence is continued after conviction, to a further fine of [ £25] for each day during which the offence is continued.
(6) Subject to the provisions of section two hundred and sixty-four of the Public Health (Ireland) Act, 1878 [1878 c.52] , where an offence against this Act was committed by a body corporate and is proved to have been so committed with the consent or approval, or to have been facilitated by any neglect or default on the part, of any director, manager, secretary or other officer thereof, such director, manager, secretary or other officer shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.
(7) All offences against this Act shall be prosecuted, and all fines in respect thereof shall be recovered, in manner provided by the Summary Jurisdiction Acts (Northern Ireland).
(8) A prosecution for an offence against this Act shall not be instituted otherwise than by or with the consent of the Attorney-General or the Ministry, except—
(a) a prosecution for an offence committed by an officer of the Ministry;
(b) a prosecution by a local authority for an offence against this Act which is also an offence against any enactment relating to the sale of food or the public health and enforceable by such authority:
Provided that this sub-section shall not be construed as rendering any person liable to be punished more than once for any offence.

7 Abolition of certain functions of local authorities.
(1) Local authorities shall cease to have any functions in relation to the licensing of premises for use as slaughter-houses or to the registering of slaughter-houses.
Subs. (2), with Pt.I of Second Schedule, effects amendments
(3) Any provision of any local or private Act inconsistent with the foregoing provisions of this section shall cease to have effect.
(4) Any regulation, bye-law, order or other instrument which immediately before the commencement of this Act has effect by virtue of any enactment amended by this section shall thereafter have effect as if it had been made after such commencement.

8 Power of Ministry to provide slaughter-house facilities.
(1) Subject to the next succeeding sub-section, where it appears to the Ministry that it would be in the interests of efficiency or economy or of the development of the livestock industry that a slaughter-house should be provided by the Ministry, the Ministry, notwithstanding anything in any enactment, may, with the approval of the Ministry of Finance, acquire, provide, maintain or operate a slaughter-house in any place or places, and may, in respect of the use of any such slaughter-house by any person, charge such fees as the Ministry of Finance may approve; and any fee so charged shall be recoverable by the Ministry as a civil debt due to it.
(2) Where a local authority are at the commencement of this Act operating a slaughter-house provided by them, the Ministry if it proposes to exercise within their area its powers under the preceding sub-section, shall give to the local authority written notice of its intention so to do; and if the local authority object to such exercise, the provisions of the First Schedule to this Act shall have effect.
(3) The Ministry or on its behalf the Ministry of Finance may hold land for the purposes of this section and may dispose of any land so held which ceases to be necessary for those purposes.
Subs. (4), with Pt.II of Second Schedule, effects amendments
S. 9 amends s. 9 of 1932 c. 9 (NI)

10 Expenses.
. . . any sums received by the Ministry under this Act whether by way of fees or in respect of the operation of any slaughter-house under section eight of this Act shall be paid into the Exchequer.

11 Regulations.
(1) The Ministry may make regulations prescribing anything which under this Act is to or may be prescribed, and anything necessary or expedient for giving full effect to the provisions of this Act.
(2) All regulations made under this Act shall, as soon as may be after they are made, be laid before each House of Parliament. If either such House within the statutory period next after any such regulations have been so laid resolves that the regulations shall be annulled those regulations shall, after the date of the resolution, be void, but without prejudice to the validity of anything done thereunder or to the making of new regulations.

12 Interpretation.
(1) In this Act, unless the context otherwise requires, the expression—
  * “animal” has the same meaning as in the Slaughter of Animals Act (Northern Ireland), 1932 [1932 c.9] ;
  * “authorised officer” means an officer of the Ministry generally or specially authorised in writing by the Ministry for the purposes of this Act;
  * “enactment” includes any provision in any Act (whether public general, local or private) of the Parliament of Northern Ireland or of the Parliament of the United Kingdom and a provision in any Order in Council, order, regulation, rule, bye-law, scheme or other instrument made under any such Act;
  * “exercise”, in relation to functions, includes performance, and grammatical variations of that expression shall be construed accordingly;
  * “functions” includes powers and duties;
  * “land” includes buildings, and any right or interest in, to or in respect of land;
  * “licence-holder” means a person to whom a licence has been issued;
  * “licensed”, in relation to a slaughter-house, means operated under a subsisting licence;
  * “local authority” means the council of a county or other borough or a county district;
  * “Ministry” has the meaning assigned to that expression in sub-section (1) of section one of this Act;
  * “prescribed” means prescribed by regulations;
  * “regulations” means regulations made by the Ministry under this Act;
  * “slaughter-house” has the same meaning as in the Slaughter of Animals Act (Northern Ireland), 1932 [1932 c.9] .
Subs. (2)(3) rep. by 1954 c. 33 (NI)

13 Short title and citation.
(1) This Act may be cited as the Slaughter-houses Act (Northern Ireland), 1953, and this Act and the Slaughter of Animals Act (Northern Ireland), 1932, may be cited together as the Slaughter of Animals Acts (Northern Ireland), 1932 and 1953.
Subs. (2) rep. by SLR 1973

SCHEDULES
Section 8(2).

FIRST SCHEDULE

PART IProcedure under section 8(2)
1 The local authority, if they object to the Ministry's proposal, may within one month of the receipt of the notice thereof serve on the Ministry a notice setting forth particulars of their objection.
2 The Ministry within one month of the service of the notice of objection may serve on the local authority a notice requiring them to provide within the time specified in the notice such slaughter-house facilities as are so specified.
3 The local authority within one month of the service of the last mentioned notice may serve on the Ministry a notice stating that they undertake to comply with the requirements specified in the Ministry's notice; and thereupon it shall be the duty of the local authority to comply with those requirements. If the local authority fail so to notify the Ministry the Ministry may forthwith proceed to exercise the power conferred on it by sub-section (1) of section eight.
4 Where the local authority duly serve a notice under the last preceding paragraph and after the expiration of six months therefrom it appears to the Ministry at any time that the authority will be unable to fulfil their undertaking within the required time, the Ministry may serve on the local authority a notice stating that in the opinion of the Ministry they will be unable so to fulfil their undertaking.
5 The local authority within fourteen days of the service of the last mentioned notice on them may serve on the Ministry a notice disputing the opinion of the Ministry; and if the local authority duly serve such a notice the Ministry shall not proceed to the exercise of its powers under sub-section (1) of section eight until a local inquiry has been held.
6 If—
(a) the local authority do not dispute the Ministry's opinion as aforesaid; or
(b) a local inquiry having been held, the Ministry on consideration of the report of the person who held it is satisfied that the local authority will be unable duly to fulfil their undertaking;
the Ministry may make an order transferring to itself all or any premises, buildings or works, whether completed or not, in the possession or occupation or under the control of the local authority for the purposes of the fulfilment of their undertaking, together with any rights or easements in to or over land or water necessary to the full exercise of the powers of the Ministry under sub-section (1) of section eight; and the order may contain such supplemental, incidental or ancillary provisions as appear to the Ministry to be necessary or expedient for the purpose of such exercise.
7 Where an order is made under the last preceding paragraph the Ministry—
(a) may proceed to exercise its powers under sub-section (1) of section eight as if no objection to such exercise had been made in the first instance;
(b) shall pay to the local authority the amount of any expenditure which in the opinion of the Ministry was properly and necessarily incurred by them between the date of their undertaking and the making of the order.
8 All notices given under the foregoing provisions of this Part shall be in writing and shall be served by registered post.

PART IIProvisions as to Inquiries
1 The Ministry shall appoint a person to hold the inquiry and report thereon to the Ministry. A person so appointed is in this Part of this Schedule referred to as “the inspector”.
2 The Ministry may appoint one or more than one person possessing such legal, medical or other professional qualifications as the Ministry thinks appropriate, to assist the inspector.
3 The Ministry shall, not less than fourteen days before the holding of the inquiry, give public notice, and shall send to the local authority by registered post notice in writing, of the date, hour and place fixed for the holding thereof.
4 The inspector may by notice require any person—
(a) to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or
(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the inspector may think fit and as the person so required is able to furnish:
Provided that—
(i) no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides, unless the necessary expenses are paid or tendered to him; and
(ii) nothing in this paragraph shall empower the inspector to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or otherwise, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
5 The inspector may administer oaths and examine witnesses on oath and may accept in lieu of evidence on oath by any person a statement in writing by that person.
6 Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 4 of this Part of this Schedule, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph ( b) of the said paragraph 4 shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding three months.
7 The expenses incurred by the Ministry in relation to any inquiry held under this Act (including such sum or sums as the Ministry may with the approval of the Ministry of Finance determine in respect of the services of the inspector and any person appointed to assist him) shall be paid by the Ministry and the local authority in such proportions as the inspector shall recommend in his report, and the Ministry may make an order accordingly.
8 Any order by the Ministry under the last preceding paragraph may on the application of either party to the inquiry be made a rule of the High Court.

Second Schedule - Amendments


[20th August 1867]

1 Power for bishop to sign instrument of consecration at churchyard without presence of chancellor, &c.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 No officer attending to take fee.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Powers given in School Sites Acts for conveyance of land to apply to conveyances under this Act.
And whereas by the School Sites Act 1841 and by the School Sites Act 1849 powers are given to persons being seised in fee simple, fee tail, or for life of and in any manor or lands of freehold, copyhold, or customary tenure, and having the beneficial interest therein, to grant, convey, or enfranchise, by way of gift, sale, or exchange, in fee simple or for term of years, any quantity not exceeding one acre of such land as a site for a school; and it is expedient that the same powers should be extended to persons willing to grant land for the enlargement of churchyards or burial places in England or Wales: the said Acts shall be deemed to apply to all persons desirous of granting land for the purpose of such enlagement, in the same way as if the said land had been granted as a site for a school: Provided nevertheless, that no such grant shall be made otherwise than in fee simple, and may be made in the form herein-after provided; and that every such grant made by any person seised only for life shall be valid without the concurrence therein of the person next entitled in remainder in fee simple or fee tail . . .

5 Form of conveyance of lands for addition to existing churchyards.
Any lands or hereditaments adjoining any churchyard or burial place may be conveyed for the purpose of adding thereto by a deed in the form following, with such variations (if any) as the circumstances of the case may require:
“I [or We, or the corporate title of a corporation,] under the authority of the Consecration of Churchyards Acts 1867 do hereby freely and voluntarily give, grant, and convey [or, as the case may be, do hereby, in consideration of the sum of to me, or us, or the paid, grant and convey] unto the person or persons, or corporation sole or aggregate, in whom the churchyard or the burial place known as of is now vested, his or their heirs or successors, all [describing the hereditaments to be conveyed], and all right, title, and interest in the same and every part thereof, to be held for ever as part of the said churchyard or burial place”:
And every such conveyance shall be valid and effectual in the law to all intents and purposes.

6 Deed of gift, &c. not to be subject to stamp duties.
. . . No deed of gift, or grant, security, contract, agreement, deed, or conveyance, or other instrument, made for the purposes of this Act, or for the carrying into execution any of the powers, authorities, or provisions of this Act, shall be subject to any of the duties upon stamped vellum, parchment, or paper, anything in any Act or Acts of Parliament to the contrary notwithstanding.

7 Application of the provisions of Act of 3G. 4. c. 72. s. 29. to lands so added.
From and after the expiration of five years after the conveyance of any lands or hereditaments for such addition to any churchyard or burial place and the inclosure of the same within one boundary fence, although the same shall not have been consecrated and although no burial shall have been had within the same during that period of time, the said lands and hereditaments shall, for the purposes of this Act, become and be and remain absolutely vested in the person or persons or corporation in whom the churchyard or burial place to which they are added is vested, free from all demand or claim of any person or persons or corporation whatsoever, and without being thereafter subject to any question as to any right, title, or claim thereto, or in any manner affecting the same.

8 Saving provisions of former Acts.
Except as is by this Act expressly enacted, nothing therein contained shall affect the provisions of any Act of Parliament with reference to lands or hereditaments conveyed as sites for churchyards or to the conveyances thereof.

9 Exclusive right of burial in a portion of the land added to a churchyard may be secured to the giver thereof.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Conditions attending such grant of exclusive right of burial.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 As to closing of reserved portions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13 Short title.
This Act may be cited as “The Consecration of Churchyards Act 1867.”


[3rd August 1928]

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Amendment of Land Purchase Acts.
(1) Notwithstanding anything in the Land Purchase Acts, the Land Purchase Commission, Northern Ireland, may for the purposes of the distribution of purchase money direct payment of a claim if of opinion that the title thereto though imperfect is nevertheless such as would make it improbable that any claim adverse thereto could be sustained.
(2) The Commission shall be entitled to act on the evidence of title submitted by a claimant without being required to enquire as to any estate, right, claim or interest undisclosed thereby which may at the time of the distribution of the purchase money be subsisting or capable of arising.
(3) Where a person within the time allowed by this section proves to the satisfaction of the Commission that he or the person from whom he derives title was entitled to claim to participate in the distribution of purchase money, and that such claim was undisclosed at the time of the distribution, he shall be entitled to be paid by the Commission a sum equal to the value of his claim:
Provided that a person shall not be entitled to compensation under this section where he or the person from whom he derives title has caused or substantially contributed to the loss by any act, neglect or default of himself or his agent.
(4) The time allowed by this section shall be six years from the date of the distribution of the purchase money, or from the date after the distribution of the purchase money when the claimant or the person from whom he derives title first knew or might with reasonable diligence have ascertained the existence of the claim:
Provided that—
(a) where the claimant was on the date of the distribution of the purchase money an infant his claim may be made within six years from the time when he attains full age; and
(b) where any person interested is entitled as a proprietor of a charge or as a mortgagee the claim by him may be made within six years from the last payment in respect of principal or interest; and
(c) where any person interested is the owner of a superior interest his claim may be made within six years from the date of the last payment in respect of such superior interest.
(5) This section shall be construed as one with the Land Purchase Acts and may be cited with those Acts.

5 Short title and construction.
This Act may be cited as the Northern Ireland (Miscellaneous Provisions) Act 1928 and, save as otherwise expressly provided, shall be construed as one with the principal Act.


[13th June 1940]

1 Power to make provision for continuance of benefits.
(1) Where a person who by virtue of any employment fell within a class of persons for whose benefit a superannuation scheme to which this Act applies is in force has ceased to follow that employment during the period of the present emergency (whether before or after the commencement of this Act) in order to undertake service in any of the naval, military or air forces of the Crown, or employment for war purposes, the following provisions shall have effect in relation to that person (in this Act referred to as “the employee”).
(2) The trustees or other persons concerned with the administration of the scheme shall have power, and shall be deemed always to have had power, notwithstanding anything to the contrary in the scheme or in any enactment or rule of law, to do all such things as appear to them necessary to secure that the benefits accruing under the scheme to the employee, or accruing thereunder to any other person by reference to the employee’s employment, should be the same, as nearly as may be, as if he had not ceased to follow his employment, subject to any adjustments which they may think proper to make.
(3) Any person who would have been authorised to make any contributions for the purposes of the scheme if the employee had continued to follow his employment during the period of his service in the forces, or of his employment for war purposes, shall have power, and shall be deemed always to have had power, notwithstanding anything to the contrary in the scheme or in any enactment or rule of law, to make those contributions and to make any contributions for the purposes of the scheme which the employee would in the ordinary course have made if he had so continued.
(4) Subsection (2) of this section shall not have effect if the scheme is constituted by rules of a friendly society or trade union within the meaning of the Societies (Miscellaneous Provisions) Act 1940, or of a society registered under the Industrial and Provident Societies Act 1965, and if a fund is registered under the Superannuation and other Trust Funds (Validation) Act 1927, in connection with the scheme, then—
(a) the power conferred by subsection (2) of this section shall be exercisable only in accordance with a resolution recorded in writing; and
(b) the trustees shall, within twenty-one days after the passing of any such resolution, furnish a copy thereof to the registrar within the meaning of that Act; and
(c) if any amendment of the rules of the fund is effected, subsection (3) of section three of that Act shall have effect in relation to the amendment notwithstanding anything in subsection (2) of this section.
(5) The schemes to which this Act applies are any superannuation schemes in force with respect to any persons other than such persons as are specified in the Schedule to this Act.
(6) In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say:—
  * “Employment for war purposes” means employment, or employment in work of a kind, which the Secretary of State certifies to be such as in his opinion may properly be treated for the purposes of this Act in the same manner as service in the forces of the Crown;
  * “Period of the present emergency” means the period beginning with the date of the commencement of the Military Training Act 1939, and ending on such day as His Majesty may by Order in Council declare to be the date on which the emergency that was the occasion of the passing of this Act came to an end;
  * “Superannuation scheme” means any enactme nt, rules, deed or other instrument, providing for the payment of annuities or lump sums to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise, whether with or without any further or other benefits.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Short title and extent.
(1) This Act may be cited as the Superannuation Schemes (War Service) Act 1940.
(2) This Act, . . . shall not extend to Northern Ireland.
Section 1.

SCHEDULE Persons to Whom this Act Does Not Apply
1 Persons serving in any superannuable capacity (within the meaning of the Local Government Staffs (War Service) Act 1939), specified in the first column of the Schedule to that Act, or in any employment which is deemed by virtue of that Act to be service in such a capacity.
2 Persons in service which is contributory service within the meaning of the Teachers (Superannuation) Acts 1918 to 1939.
3 Constables and firemen within the meaning of the Police and Firemen (War Service) Act 1939.
4 Persons who are, or are deemed to be, teachers within the meaning of the Superannuation Scheme framed in pursuance of the Education (Scotland) Superannuation Acts 1919 to 1939.
5 Persons in relation to whom the Local Government Staffs (War Service) Act 1939, has effect by virtue of the King Edward the Seventh Welsh National Memorial Association Act 1940.


1 Extinction of leasehold casualties
(1) In a relevant lease (that is to say, in a lease of land granted before 1st September 1974 for a period of not less than one hundred and seventy-five years), any provision which stipulates for payment of a casualty is void; and, accordingly, any such payment which would, but for this subsection, have fallen due on or after the relevant day shall not be exigible.
(2) In subsection (1) above, any reference to a payment falling due shall be construed, in a case where the provision in the relevant lease stipulates for payment to be deferred until the death of the last person to pay a casualty, as a reference to its falling due on the date of death of that person.
(3) This section shall be deemed to have come into force on the relevant day.

2 Landlord’s right to require compensation in respect of extinction of casualty
(1) Where a casualty is extinguished by virtue of section 1 of this Act, a landlord may, not later than one year after the day on which this Act received Royal Assent, give written notice to the tenant—
(a) requiring the tenant to pay to him compensation calculated in accordance with section 3 of this Act; and
(b) specifying the amount of compensation required as calculated by him; and the tenant shall be liable to pay such compensation.
(2) Any error in a calculation under paragraph (b) of subsection (1) above shall not affect the validity of the notice under that subsection.
(3) For the purposes of this section, “tenant” means the person who, on the relevant day, has the interest of tenant in the relevant lease.

3 Calculation of compensation
(1) Subject to subsection (2) below, where by virtue of section 2(1) of this Act a tenant is liable to pay compensation, the amount payable shall be—
(a) in a case where—
(i) a period of eighty or more years of the relevant lease is unexpired on the relevant day; and
(ii) the lease stipulated for payment of a casualty of an unvarying amount at fixed and regularly recurring intervals of nineteen, twenty, twenty-one, twenty-five or, as the case may be, thirty years,
the product of the amount of the casualty and the multiplier obtained from the Table of Multipliers in schedule 1 to this Act (the reference in the first column of that table to the relevant period being a reference to the period (if any) between the relevant day and the date on which the casualty would, but for this Act, next be payable);
(b) in a case where—
(i) sub-paragraph (ii), but not sub-paragraph (i), of paragraph (a) above is satisfied; or
(ii) the relevant lease stipulated for payment of a casualty of an unvarying amount at fixed and regularly recurring intervals other than any interval mentioned in sub-paragraph (ii) of that paragraph,
the product of the amount of the casualty and the multiplier obtained in accordance with schedule 2 to this Act;
(c) in a case where the relevant lease stipulated for—
(i) payment of a casualty on, or by reference to, the entry of an assignee; and
(ii) the payment to be made at any time other than on the death of the person who last paid a casualty,
the product of the amount of the casualty and 0.75;
(d) in a case where the relevant lease stipulated for payment of a casualty on, or by reference to—
(i) the entry of an heir; or
(ii) the death of any person,
the product of the amount of the casualty and 0.03; and
(e) in any other case, the sum of the discounted values as at the relevant day of the amounts which would, but for this Act, have been payable in respect of the casualty; and any dispute as to the amount payable under this paragraph shall be referred to and determined by the Lands Tribunal for Scotland.
(2) Where compensation is payable in respect of the extinction of a casualty based on the rent (other than ground rent or tack duty), or rental value, of the land held under the relevant lease, subsection (1) above shall apply subject to the following modifications—
(a) in each of paragraphs (a) to (d) of that subsection, for the words “amount of the casualty” there shall be substituted the words “ amount of the ground rent or, as the case may be, tack duty payable under the relevant lease ”; and
(b) in paragraph (e) of that subsection, the amounts which would have been payable shall be taken to be amounts each of which is equal to the ground rent or, as the case may be, tack duty payable under the relevant lease; but no other modification of the terms of the casualty (including any provision as to when the casualty is payable) shall be made for the purposes of this paragraph.

4 Prescriptive period for payment of compensation on extinction of casualty
In Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 (c.52) (obligations affected by prescriptive periods of five years to which section 6 of that Act applies)—
(a) after paragraph 1(a) there shall be inserted—
“(aa)to any obligation to pay compensation by virtue of section 2 of the Leasehold Casualties (Scotland) Act 2001 (asp 5);”;
and
(b) in paragraph 2(e), after the words “paragraph 1(a)” there shall be inserted “ or (aa) ”.

5 Irritancy provisions in certain leases to be void
(1) This section applies to any relevant lease—
(a) granted before 10th August 1914; and
(b) stipulating for payment of a ground rent, or tack duty, of not more than £150 in respect of each year.
(2) In so far as any provision in a relevant lease to which this section applies—
(a) purports to terminate the lease, or to entitle the landlord to terminate it, in the event of a failure of the tenant to comply with any provision in the lease; or
(b) deems such a failure to be a material breach of contract, that provision is void.
(3) This section shall be deemed to have come into force on the relevant day.

6 Irritancy: limited disapplication of common law
(1) The rule of law entitling a landlord to terminate a lease in the event of a failure of the tenant to pay the rent due under the lease for a continuous period of two years shall not apply in relation to a relevant lease to which section 5 of this Act applies.
(2) This section shall be deemed to have come into force on 12th February 2001.

7 Liability for casualty due by former tenant not to transmit on assignation, or other transfer, of lease
(1) Where—
(a) before, on or after the relevant day a relevant lease is assigned, or otherwise transferred, to a new tenant; and
(b) any casualty payable under the lease by a former tenant is, on such assignation or other transfer, due but unpaid,
the new tenant shall not be liable to pay it.
(2) Nothing in subsection (1) above shall—
(a) entitle a new tenant to recover any amount which he has paid to the landlord;
(b) affect any agreement concluded before the relevant day between a new tenant and the landlord; or
(c) prevent a landlord enforcing any decree obtained before the relevant day against a new tenant.
(3) Any reference in this section to a relevant lease being assigned, or otherwise transferred, includes a reference to the lease being partially assigned or, as the case may be, partially transferred.
(4) This section shall be deemed to have come into force on the relevant day.

8 Transitional application of sections 5 to 7
(1) Without prejudice to the generality of section 5 of this Act, that section shall apply for the purposes of any action commenced before the relevant day which concerns a provision such as is mentioned in subsection (2) of that section and in which final decree is not granted before that day.
(2) Without prejudice to the generality of section 6(1) of this Act, that section shall apply for the purposes of any action for irritancy founded on the rule of law mentioned in that section which is commenced before 12th February 2001 and in which final decree is not granted before that day.
(3) Without prejudice to the generality of section 7 of this Act, that section shall apply for the purposes of any action against a new tenant commenced before the relevant day for payment of a casualty such as is mentioned in subsection (1)(b) of that section and in which final decree is not granted before that day.
(4) For the purposes of this section “final decree” means any decree or interlocutor which—
(a) disposes of an action; and
(b) is not subject to appeal or review.

9 Saving: proceedings in respect of section 12 of Land Registration (Scotland) Act 1979
Nothing in this Act shall affect any proceedings in respect of a claim to indemnity under section 12 of the Land Registration (Scotland) Act 1979 (c.33) (circumstances in which person entitled to indemnification by Keeper) which have commenced, but have not been finally disposed of, before the relevant day.

10 Interpretation
(1) In this Act, unless the context otherwise requires—
  * “casualty” means any duplicand or other periodical or casual payment stipulated in a relevant lease to be payable by the tenant to the landlord in addition to the rent;
  * “lease” includes sublease;
  * “relevant day” means 10th May 2000; and
  * “relevant lease” shall be construed in accordance with section 1(1) of this Act.
(2) For the purposes of reckoning the periods mentioned in sections 1(1) and 3(1)(a)(i) of this Act—
(a) any provision in a lease (however expressed) enabling the lease to be terminated earlier than the date on which the lease would otherwise terminate shall be disregarded; and
(b) where a lease includes provision (however expressed) requiring the landlord to renew the lease, the duration of any such renewed lease shall be added to the duration of the original lease.

11 Short title and Crown application
(1) This Act may be cited as the Leasehold Casualties (Scotland) Act 2001.
(2) This Act binds the Crown.

SCHEDULE 1 TABLE OF MULTIPLIERS
(introduced by section 3(1)(a))
Relevant period (in years)  Multipliers for casualties payable at intervals of:
                            19 years                                             20 years  21 years  25 years  30 years
Nil or less than½           1.196                                                1.174     1.155     1.102     1.060
½ but less than 1           1.140                                                1.119     1.102     1.050     1.011
1 but less than 2           1.087                                                1.067     1.051     1.002     0.964
2 but less than 3           0.988                                                0.970     0.955     0.910     0.876
3 but less than 4           0.898                                                0.882     0.869     0.827     0.796
4 but less than 5           0.816                                                0.802     0.789     0.753     0.724
5 but less than 6           0.743                                                0.729     0.718     0.683     0.659
6 but less than 7           0.673                                                0.662     0.651     0.621     0.598
7 but less than 8           0.613                                                0.602     0.592     0.564     0.544
8 but less than 9           0.557                                                0.548     0.540     0.514     0.496
9 but less than 10          0.506                                                0.497     0.490     0.467     0.449
10 but less than 11         0.461                                                0.453     0.446     0.425     0.409
11 but less than 12         0.418                                                0.411     0.404     0.385     0.371
12 but less than 13         0.381                                                0.374     0.369     0.351     0.338
13 but less than 14         0.346                                                0.340     0.335     0.319     0.308
14 but less than 15         0.314                                                0.309     0.305     0.289     0.279
15 but less than 16         0.285                                                0.281     0.276     0.263     0.254
16 but less than 17         0.261                                                0.256     0.252     0.240     0.231
17 but less than 18         0.236                                                0.233     0.229     0.218     0.210
18 but less than 19         0.215                                                0.212     0.207     0.199     0.191
19 but less than 20         –                                                    0.193     0.189     0.180     0.174
20 but less than 21         –                                                    –         0.172     0.164     0.158
21 but less than 22         –                                                    –         –         0.148     0.143
22 but less than 23         –                                                    –         –         0.135     0.130
23 but less than 24         –                                                    –         –         0.123     0.118
24 but less than 25         –                                                    –         –         0.112     0.108
25 but less than 26         –                                                    –         –         –         0.097
26 but less than 27         –                                                    –         –         –         0.089
27 but less than 28         –                                                    –         –         –         0.080
28 but less than 29         –                                                    –         –         –         0.073
29 but less than 30         –                                                    –         –         –         0.067

SCHEDULE 2 METHOD FOR CALCULATING MULTIPLIER
(introduced by section 3(1)(b))
1 As respects each date on which, but for this Act, a payment of the casualty would have fallen due, a value shall, subject to paragraphs 2 and 3 below, be calculated, rounded to three decimal places, in accordance with the formula—
where n is the period, in years, between the relevant date and the date of the payment; and the sum of all the values so calculated shall be the multiplier for the purposes of section 3(1)(b) of this Act.
2 For the purposes of paragraph 1 above, for any case where the period is—
(a) less than½ year (or is nil), the value shall be 1;
(b)½ but less than 1 year, the value shall be 0.953.
3 For the purposes of reckoning n in paragraph 1 above, where the period is more than one year, n shall be the whole number of years in question (with any time in excess of that number being ignored).