PRELIMINARY (Hansard, 18 July 1974)

HC Deb 18 July 1974 vol 877 cc804-11 804

Lords amendment
No. 1, in page 2, line 9, after "regulations" insert— and agricultural health and safety regulations".

§ 10.14 p.m.

§ The Under-Secretary of State for Employment (Mr. Harold Walker)
I beg to move, That this House doth disagree with the Lords in the said Amendment.

§ Mr. Speaker
I suggest that it will be for the convenience of the House to take at the same time the following Lords amendments:

§ No. 7, in Clause 11, page 8, line 29, at end insert— except as regards matters relating exclusively to agricultural operations".

§ No. 8, in page 8, line 30, at end insert "except as aforesaid".

§ No. 9, in Clause 14, page 11, line 30, at end insert— but shall no do so in any particular case that appears to the Commission to involve only matters relating exclusively to agricultural operations.

§ No. 10, in Clause 15, page 12, line 33, leave out from "46" to end of line 36 and insert— the Secretary of State shall have power to make regulations under this section (in this Part referred to as Health and Safety regulations) for any of the general purposes of this Part except as regards matters relating exclusively to agricultural operations.

§ No. 12, in page 14, line 9, leave out subsection (9).

§ No. 13, in Clause 16, page 14, line 27, at end insert— and except as regards matters relating exclusively to agricultural operations".

§ No. 14, in Clause 18, page 17, line 12, after "regulations" insert— or agricultural health and safety regulations".

§ No. 15, in page 17, line 24, after "than" insert— the appropriate Agriculture Minister".

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§ No. 19, after Clause 28, in page 29, line 5, at end insert new Clause "A"—

§ General Functions of Ministers responsible for agriculture in relation to the relevant agricultural purposes.

§ "A.—(1) It shall be the duty of the appropriate Agriculture Minister—

(a) to do such things and make such arrangements as he considers appropriate for the relevant agricultural purposes; and
(b) to make such arrangements as he considers appropriate for securing that employers, employees, organisations representing employers and employees respectively, and other persons concerned with matters relevant to any of the those purposes are kept informed of, and adequately advised on, such matters.

§ (2) The Minister of Agriculture, Fisheries and Food shall make an annual report to Parliament of his proceedings under the relevant statutory provisions, and may include that report in the annual report made to Parliament in pursuance of section 13 of the Agricultural Wages Act 1948.

§ (3) The Secretary of State concerned with agriculture in Scotland shall make an annual report to Parliament of his proceedings under the relevant statutory provisions."

§ No. 20, in page 29, line 5, at end insert new Clause "B":

§ Agricultural health and safety regulations

§ "B.—(1) Regulations under this section (in this Part referred to as "agricultural health and safety regulations") may be made for any of the relevant agricultural purposes.

§ (2) Agricultural health and safety regulations may be either regulations applying to Great Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or regulations applying to England and Wales only and made by the said Minister, or regulations applying to Scotland only and made by the Secretary of State.

§ (3) Where health and safety regulations make provision for any purpose with respect to a matter that relates to (but not exclusively to) agricultural operations—

(a) provision for that purpose shall not be made with respect to that matter by agricultural health and safety regulations so as to have effect while the first-mentioned provision is in force except for the purpose of imposing requirements additional to those imposed by health and safety regulations, being additional requirements which in the opinion of the authority making the agricultural health and safety regulations are necessary or expedient in the special circumstances of agricultural operations; and
(b) in the event of any inconsistency between the first-mentioned provision and any provision made with respect to that matter by agricultural health and safety regulations, the first-mentioned provision shall prevail.

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§ (4) The provisions of section 15(2) to (10) and Schedule 3 shall have effect in relation to agricultural health and safety regulations as they have effect in relation to health and safety regulations subject to the following modifications, that is to say—

(a) references to the relevant statutory provisions shall be read as references to such of the relevant statutory provisions as relate to agriculture;
(b) in section 15(4) the references to the Commission shall be read as references to the appropriate Agriculture Minister;
(c) in section 15(6) and paragraph 23 of Schedule 3, the reference to health and safety regulations shall be read as a reference to agricultural health and safety regulations.

§ (5) Without prejudice to the generality of subsection (1) above, agricultural health and safety regulations may, as regards agricultural licences under any of the relevant statutory provisions, make provision for requiring the authority having power to issue, renew, vary, transfer or revoke such licences to notify—

(a) any applicant for the issue, renewal, variation or transfer of such a licence of any proposed decision of the authority to refuse the application; or
(b) the holder of such a licence of any proposed decision of the authority to revoke the licence or to vary any term, condition or restriction on or subject to which the licence is held; and for enabling persons aggrieved by any such proposed decision to make representations to, or to a person appointed by, the relevant authority within the period and in the manner prescribed by the regulations.

§ (6) In relation to any agricultural health and safety regulations made in pursuance of paragraph 2 of Schedule 3 as applied by this section, subsection (2) above shall have effect as if after the words "Great Britain" there were inserted the words "or the United Kingdom"."

§ No. 21, in page 29, line 5, at end insert new Clause "C"—

§ Enforcement of the relevant statutory provisions in connection with agriculture

§ "C.—Subject to any provision made by regulations under section 15, 18 or (Agricultural health and safety regulations), it shall be the duty of the appropriate Agriculture Minister to make adequate arrangements for the enforcement of the relevant statutory provisions in their application to matters relating exclusively to the relevant agricultural purposes."

§ No. 22, in page 29, line 5, at end insert new Clause "D"—

§ Application of provisions of this Part in connection with agriculture

§ "D.—(1) The following provisions of this section shall have effect with a view to the application of certain provisions of this Part in relation to the Agriculture Ministers or 807 matters relating exclusively to the relevant agricultural purposes.

§ (2) Subject to the following subsection—

(a) sections 13, 14, 17(3), 27 and 28 shall apply in relation to the appropriate Agriculture Minister as they apply in relation to the Commission;
(b) section 16 shall apply in relation to matters relating exclusively to the relevant agricultural purposes as it applies in relation to other matters.

§ (3) In their application as provided by the preceding subsection, the provisions of this Part which are specified in the first column of Schedule (Modifications of Part I in connection with Agriculture) shall have effect subject to the modifications provided for in the second column of that Schedule."

§ No. 23, in Clause 29, page 29, line 11, after "regulations" insert: or agricultural health and safety regulations

§ No. 27, in page 30, line 39, after "Executive" insert: or the appropriate Agriculture Minister

§ No. 28, in Clause 39, page 35, line 16, at end insert: the Minister of Agriculture, Fisheries and Food".

§ No. 29, in page 35, line 31, leave out from "exercisable" to the end of line 33, and insert:

"(a) as regards functions with respect of matters not relating exclusively to agricultural operations by the Secretary of State;
(b) as regards functions with respect to matters relating exclusively to the relevant agricultural purposes by the appropriate agriculture authority.

§ (6A) Regulations under this section as regards functions falling within subsection (6)(b) above may be either regulations applying to Great Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or regulations applying to England and Wales only and made by the said Minister, or regulations applying to Scotland only and made by the Secretary of State; and in subsection (6)(b) above the appropriate agriculture authority' shall be construed accordingly."

§ No. 30, in Clause 40, page 36, line 3, after "than" insert "agricultural licences and"

§ No. 31, in page 37, line 3, leave out "a" and insert "an agricultural licence or"

§ No. 32, in Clause 43, page 41, line 4, after "regulations" insert: or agricultural health and safety regulations

§ No. 33, in page 41, line 11, after "regulations" insert: 808 or as the case may be agricultural health and safely regulations

§ No. 34, in page 41, line 21, after "regulations" insert: or as the case may be agricultural health and safety regulations

§ No. 35, in Clause 45, page 42, line 7, leave out line 7 and insert: (1) the appropriate Ministers may by regulations amend

§ No. 37, in page 42, line 20, leave out: authority making the regulations" and insert "appropriate Minister

§ No. 39, in page 42, line 28, leave out subsection (4) and insert: (4) In this section the appropriate Minister means—

(a) in relation to any provision not relating exclusively to agricultural operations the Secretary of State;
(b) in relation to any provision not relating exclusively to the relevant agricultural purposes that applies to Great Britain or the United Kingdom the Agriculture Ministers;
(c) in relation to any provision so relating that applies to England and Wales only, the Minister of Agriculture, Fisheries and Food;
(d) in relation to any provision so relating that applies to Scotland only, the Secretary of State."

§ No. 40, in Clause 46, page 42, line 32, leave out from beginning to "so" on page 43, line 1, and insert: (1) Subject to subsection (5) below any power to make regulations conferred on the Secretary of State by any of the relevant statutory provisions may be exercised by him either so as to give effect (with or without modifications) to proposals for the making of regulations by him under that power submitted to him by the Commission or independently of any such proposals, but before making any regulations under any of those provisions independently of any such proposals the Secretary of State shall consult the Commission and such other bodies as appear to him to be appropriate. (2) Where the Secretary of State proposes to exercise any such power as is mentioned in the preceding subsection".

§ No. 41, in page 43, line 4, leave out "under section 11(2)(d)" and insert "to the Secretary of State".

§ No. 42, in page 43, line 20, at end insert: (4) Where the Minister of Agriculture, Fisheries and Food and the Secretary of State or either of them propose or proposes to make any regulations under any of the relevant statutory provisions, they or he shall before making the regulations consult the Commission and such other bodies as appeared to them or him to be appropriate.

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§ (5) Subsections (1) to (3) above shall not apply to any power of the Secretary of State to make regulations which is capable of being exercised by him for Great Britain jointly with the Minister of Agriculture, Fisheries and Food."

§ No. 43, in Clause 48, page 43, line 42, leave out from "exercisable" to the end of line 44 and insert:

"(a) in relation to activities not relating exclusively to agricultural operations, by the Secretary of State;
(b) in relation to activities relating exclusively to the relevant agricultural purposes, by the appropriate agriculture authority.

§ (4) Regulations under subsection (2) above in relation to activities falling within subsection (3)(b) above may be either regulations applying to Great Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or regulations applying to England and Wales only and made by the said Minister, or regulations applying to Scotland only and made by the Secretary of State; and in subsection (3)(b) above "the appropriate agriculture authority" shall be construed accordingly."

§ No. 44, in Clause 49, page 44, line 1, at end insert: "agriculture", subject to subsection (3)below, includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping (including the management of livestock up to the point of slaughter or export from Great Britain), forestry, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the preparation of land for agricultural use, and "agricultural" shall be construed accordingly; "the Agriculture Ministers" means the Minister of Agriculture, Fisheries and Food and the Secretary of State and, in the case of anything falling to be done by the Agriculture Ministers, means those Ministers acting jointly; "agricultural health and safety regulations" has the meaning assigned by section (Agricultural health and safety regulations) (1); "agricultural licence" means a licence of the Agriculture Ministers or either of them under any of the relevant statutory provisions; "agricultural operation" does not include an agricultural operation performed otherwise than in the course of a trade, business or other undertaking (whether carried on for profit or not) but, subject to subsection (2) below, includes any operation incidental to agriculture which is performed in the course of such a trade, business or undertaking; "the appropriate Agriculture Minister" means. for the purpose of the application of any of the relevant statutory provisions to England and Wales, the Minister of Agriculture, Fisheries and Food, and, for the purposes of the application of any of those provisions to Scotland, the Secretary of State;".

§ No. 45, in page 44, line 45, at end insert: "forestry" includes—

(a) the felling of trees and the extraction and primary conversion of trees within the 810 wood or forest in which they were grown, and
(b) the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;".

§ No. 47, in page 45, line 12, at end insert— "livestock" includes any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the carrying on of any agricultural activity;".

§ No. 48, in page 45, line 41, at end insert— "the relevant agricultural purposes" means the following purposes, that is to say—

(a) securing the health, safety and welfare at work of persons engaged in agricultural operations,
(b) protecting persons other than persons so engaged against risks to health or safety arising out of or in connection with the activities at work of persons so engaged."

§ No. 49, in page 46, line 14, at end insert—

§ "(2) In determining in any particular case whether an operation is incidental to agriculture within the meaning of the definition of "agricultural operation" in other preceding subsection, regard shall be had to the magnitude of the operation and to the scale on which it is performed as well as to all other relevant circumstances.

§ (3) Provision may be made by order for directing that for the purposes of this Part any activity or operation specified in the order which would or would not otherwise be agriculture within the meaning of this Part shall be treated as not being or, as the case may be, being agriculture for those purposes.

§ (4) An order under subsection (3) above may be either an order applying to Great Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or an order applying to England and Wales only and made by the said Minister, or an order applying to Scotland only and made by the Secretary of State.

§ (5) An order under subsection (3) above may be varied or revoked by a subsequent order thereunder made by the authority who made the original order.

§ (6) The power to make orders under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."

§ No. 51, in Clause 76, page 79, line 39, leave out from "exercisable" to the end of line 45, and insert—

"(a) in relation to provisions not relating exclusively to agricultural operations, by the Secretary of State;
(b) in relation to provisions relating exclusively to the relevant agricultural purposes, by the appropriate agriculture authority; 811 but before making regulations under that subsection the Secretary of State or the appropriate agriculture authority shall consult such bodies as appear to the Secretary of State, or, as the case may be, that authority to be appropriate.

§ (5) Regulations under subsection (1) above in relation to provisions falling within subsection (4)(b) above may be either regulations applying to Great Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or regulations applying to England and Wales only and made by the said Minister, or regulations applying to Scotland only and made by the Secretary of State; and in subsection (4)(b) above "the appropriate agriculture authority" shall be construed accordingly.

§ (6) In this section "the relevant statutory provisions," "the relevant agricultural purposes "and" agricultural operation have the same meaning as in Part I."

§ No. 52, in Clause 80, page 81, line 3, after "15" insert— or (Agricultural health and safety regulations)".

§ No. 55, after Schedule 3, page 91, line 16, at end insert new Schedule "A"—