Clause. (ii) PART II. MISCELLANEOUS AMENDMENTS OF THE SMALL 14. Amendment of definition of "small holding.' 15. Amendment of law as to the acquisition of land. 16. Provisions as to land compulsorily hired. 17. Power of tenant to purchase small holding held from a county council. 18. Power to sell land without consent of Minister in certain cases. 19. Minor amendments. PART III. GENERAL. 20. Repeals. 21. Short title and construction. SCHEDULES. 1 1 Allotments. A BILL ΤΟ Amend the Small Holdings and Allotments Acts, A.D. 1926. 1908 to 1919. E it enacted by the King'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, 5 as follows: PART I. SMALL HOLDINGS. Provision of Small Holdings. 1. Where a county council are satisfied that Duties and small 10 there is a demand for small holdings in their county by powers of persons who desire to buy or lease and will themselves providing cultivate the holdings and are able to cultivate them holdings. properly, it shall be the duty of the county council to provide small holdings if they are of opinion that they 15 can do so without incurring loss, and, subject to the provisions of this Part of this Act, it shall be lawful for them to do so notwithstanding that it appears to them that a loss may thereby be incurred. 2.-(1) Where it appears to a county council that Power of 20 the provision of any small holdings will entail a loss, the Minister to council shall submit their proposals to the Minister of contribute Agriculture and Fisheries (hereinafter referred to as the losses. Minister), together with estimates in the prescribed form towards Allotments. A.D. 1926. of the expenses (whether on capital or income account) in relation thereto likely to be incurred by the council and of the sums likely to be received by the council either by way of rent or purchase money or otherwise. (2) If the Minister approves the proposals and 5 estimates of the council, either without modifications or with such modifications as he may require, the Minister may, subject to such conditions as to records, certificates, audit or otherwise as, with the approval of the Treasury, he may determine, make, or undertake to make, contri- 10 butions out of moneys provided by Parliament towards the losses likely to be incurred in carrying out the proposals to such an amount as may be specified in the approval; so, however, that the contribution in respect of any year shall not exceed seventy-five per 15 cent. of the amount of loss shown in the approved estimates as likely to be incurred in that year : Provided that the Minister in considering the estimates submitted to him shall satisfy himself that the estimates are made on the basis of the full fair rent 20 being charged for each holding. (3) Where the proposals, after having been approved by the Minister, are subsequently varied, then (a) if the variation is made by the county council without his consent, the Minister may, if he 25 thinks fit, reduce the amount of his contribution; (b) if the variation is made with his consent, the Minister may, subject to the limitation hereinbefore mentioned, vary his contribution either 30 by way of increase or decrease, according to the nature of the variation. (4) The Minister may, subject to the approval of the Treasury, make regulations for carrying this section into effect: 35 Provided that every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made, and if an address is presented by either House within twenty-one days during which that House has sat next after any regulation is laid before it praying 40 that the regulation may be annulled, His Majesty in Allotments. Council may annul the regulation without prejudice to A.D. 1926. the validity of anything previously done thereunder. (5) Where land has been purchased for the purposes of small holdings before the commencement of this Act, 5 or where land is, after the commencement of this Act, purchased under this Part of this Act without the consent of the Minister, this section shall apply with respect to such expenses only as are likely to be incurred in equipping the land and adapting it for small 10 holdings. (6) For the purposes of this Part of this Act, the expression "full fair rent" in relation to a small holding means the rent which a tenant might reasonably be expected to pay for the holding if let as such and the 15 landlord undertook to bear the cost of repairs. 20 25 3. A county council shall have power Power to sell to co (a) to sell or let one or more small holdings to a (b) with the consent of the Minister, to sell or 4. For the purpose of providing small holdings Power to for persons who desire to buy or lease and will them- acquire land 30 selves cultivate the holdings and are able to cultivate for small holdings. them properly, a county council may purchase or take on lease land (whether situate within or without the county) by agreement, or, if the council are unable to obtain by agreement and on reasonable terms suitable 35 land for the purpose, may purchase or take on lease such land compulsorily in accordance with the provisions of the Small Holdings and Allotments Act, 1908 (hereinafter referred to as the principal Act) relating to the compulsory acquisition of land: 40 Provided that the county council shall not acquire land for such purpose as aforesaid without the consent of the Minister unless the council are satisfied that the transaction will not involve any loss to the council, and Allotments. A.D. 1926. where land is so acquired without the consent of the Minister, it shall not be lawful for the Minister to make or undertake to make any contribution under the foregoing provisions of this Act towards the cost of the acquisition of the land. and sale. 5 Regulations 5.-(1) Where a county council sell a small holding, as to purthe consideration shall be a terminable annuity of an chase money amount equal to the full fair rent of the holding for a period of sixty years, or, at the option of the purchaser, a terminable annuity for a period of less than sixty years 10 of an equivalent capital value. Conditions affecting small holdings. (2) The terminable annuity shall be payable by half-yearly instalments, the first instalment being payable on completion, and shall, so far as not paid on completion, be secured by a charge on the holding in 15 favour of the council. (3) The council may, if they think fit, postpone for a term not exceeding five years, the payment of all or any part of the terminable annuity, except so much as is payable on completion, in consideration of capital 20 expenditure by the purchaser which in the opinion of the council increases the value of the holding, but shall do so on such terms as will in their opinion prevent them from incurring any loss or increased loss. (4) A small holding may be sold subject to such 25 rights of way or other rights for the benefit of other small holdings as the council may consider necessary or expedient. (5) Any question as to what is the full fair rent of a small holding, or the amount of a terminable annuity 30 under this section, shall be determined by the county council. 6.--(1) A small holding sold by a county council under this Act, shall for a term of forty years from the date of the sale, and thereafter so long as the holding 35 remains charged with the terminable annuity, be held subject to the following conditions:- (a) Any periodical payments due in respect of the (b) The holding shall not be divided, subdivided, 40 |