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AGRICULTURAL RETURNS ACT (NORTHERN IRELAND) 1939

AGRICULTURAL RETURNS ACT (NORTHERN IRELAND) 1939 - LONG TITLE

An Act to make provision with respect to the collection and using
of agricultural statistics.
[6th December 1939]
Power to require returns as to agricultural land.

AGRICULTURAL RETURNS ACT (NORTHERN IRELAND) 1939 - SECT 1

1.(1) The Ministry of Agriculture (in this Act referred to as "the
Ministry") may require the occupier of any agricultural land, or the
person having the management on behalf of the occupier of any
agricultural land [or in relation to livestock and poultry and
feeding stuffs for livestock or poultry, the owner of the livestock
or poultry] to furnish to the Ministry, at any time or times in
each year, such returns as may be prescribed in relation to

(a)the utilisation of the land;

(b)the [area] [and production] of the several crops on the land
[occupied by him or held by him in conacre] and the [area] [and
production] of [such land used] for grazing and for other prescribed
purposes;

(c)the numbers [and descriptions] of livestock and poultry [owned by
him];

(d)the [numbers and description] of persons working on the land;

(e)the agricultural machinery [and equipment] held by the occupier or
other person aforesaid; and

(f)the stocks of seeds, fertilisers and feeding stuffs held by the
occupier or other person aforesaid.

A return required under this section shall be made with reference
to the conditions existing on such day, or during such period
ending on such day, as may be prescribed (which day is in this
Act referred to as "the prescribed day").

(2) The Ministry shall cause a notice of the prescribed day for
the purpose of any return to be published at least twenty-one days
before the prescribed day in the Belfast Gazette and in such other
manner as the Ministry thinks best for informing persons affected by
the notice.

(3) A notice under this section may demand that the required return
shall be furnished to the Ministry in writing within such time as
may be specified in the notice, and in that case a form for the
furnishing of the return shall be served on, or sent by post to,
every person affected by the notice; and, except in so far as a
notice specifies that the required return shall be furnished in
writing, it shall be a sufficient compliance therewith if a person
to whom the notice applies makes the required return on demand to
a member of the Royal Ulster Constabulary authorised by the Ministry
to demand and receive the same.

A demand for a return, whether made by service of a form of
return or by a member of the Royal Ulster Constabulary, shall be
made not later than six weeks after the prescribed day.

(4) An individual return or part of a return made under this
section shall not be used, published or disclosed without the
authority of the person making it or of the occupier on whose
behalf it is made, except

(a)for the purposes of the preparation and publication by the
Ministry of agricultural statistics [and, so far as the return
relates to persons working on agricultural land, by the Department
of Manpower Services of statistics]; or

(b)for the purposes of the annual agricultural statistics mentioned
in sub-section (3) of section eleven of the Wheat Act, 1932, and
sub-section (4) of section thirty-four of the Agricultural Development
Act, 1939; or

[(c)for the purposes of any enactment (including the Agriculture Act
(Northern Ireland), 1949) having for its object the improvement or
development of agriculture or any branch thereof or the giving of
assistance to farmers in the carrying on of their business as
farmers, or for the purposes of any scheme having effect under any
such enactment;

(d)in any manner which the Ministry thinks necessary in connection
with increasing or maintaining the production of food and other
articles by means of agriculture, and, in particular, so as to
facilitate the proper distribution of agricultural machinery, seeds,
fertilisers and feeding stuffs;

(e)for the purposes of any prosecution

(i)under this section;

(ii)arising out of or in connection with any such enactment or
scheme as is mentioned in paragraph (c) of this sub-section; or

<(iii)arising out of or in connection with any application for, or for assistance in the acquisition of, agricultural machinery, seeds, fertilisers or feeding stuffs.]

(5) Any person who refuses, or without lawful excuse neglects, to
make any return required under this section to be made by him
shall be liable on summary conviction to a fine not exceeding
[#25].

Any person who makes, for the purposes of this section, a return
which is to his knowledge untrue in any material particular shall
be liable on summary conviction to a fine not exceeding [#50].

Any person who uses, publishes or discloses, contrary to the
provisions of this Act, any individual return or part of a return
shall be liable on summary conviction to a fine not exceeding
[#250].

(6) The Ministry may make regulations for prescribing anything which
is to be prescribed for the purposes of this section.

All regulations made under this section shall, so soon as may be
after they are made, be laid before each House of Parliament. If
either House of Parliament, within the statutory period next after
any regulation made as aforesaid has been laid before such House,
resolves that the regulation shall be annulled, the regulation shall,
after the date of the resolution, be void, but without prejudice to
the validity of anything previously done thereunder or to the making
of a new regulation.

S.2 rep. by 1949 c.2 (NI) s.44 sch.3

AGRICULTURAL RETURNS ACT (NORTHERN IRELAND) 1939 - SECT 3
Interpretation.

3.(1) In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them, that
is to say:

"Agricultural land" includes forest land, bog land, land used as
grazing [or for cropping], meadow or pasture land or orchard, and
land used wholly or mainly for the purpose of the trade or
business of a market-gardener, nurseryman or horticulturist, or for
the purpose of breeding or keeping poultry;

["Enactment" includes a 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 or by virtue of any such Act;]

"Occupier" includes any person who, by virtue of any contract, or
by virtue of any agreement, whether express or implied, is, on the
prescribed day, entitled to use, for his own benefit, any land as
agricultural land [and, in relation to any land granted in conacre,
includes the person who granted the land in conacre but does not
include the person to whom it is so granted];

definition rep. by 1949 c.2 (NI) s.44 sch.3

"Statutory period" means . . .

Definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI12 art.10

Subs.(2)(3) rep. by SLR 1980

AGRICULTURAL RETURNS ACT (NORTHERN IRELAND) 1939 - SECT 4
Short title.

4. This Act may be cited as the Agricultural Returns Act (Northern
Ireland), 1939.