§ Provisions of the Corn Production Acts, 1917 and 1920, relating to the destruction of injurious weeds as continued in force.
§ (1) Where the Minister is satisfied that there are injurious weeds to which this Schedule applies growing upon any land, he may serve upon the occupier of the land a notice in writing requiring him to cut down or destroy the weeds in the
894THE LORD CHANCELLORThe Question is that the House do amend the Commons Amendment by the insertion of the said words.
§ THE MARQUESS OF SALISBURYThat will not preclude the consideration of the question as to the actual number of weeks, afterwards?
§ On Question, Whether the Motion shall be agreed to?—
§ Their Lordships divided:—Contents, 47; Not-Contents, 11.
§ manner and within the time specified in the notice.
§ (2) Where, under this Schedule, notice is served on a tenant a copy of the notice shall at the same time be served on the landlord.
§ (3) Where a notice has been served under this Schedule on the occupier of any land requiring him within a time specified in the notice to cut down or destroy weeds and that person unreasonably fails to comply with the requirements of the notice, he shall on summary conviction be liable, in respect of each offence, to a fine not exceeding twenty pounds and to a further fine not exceeding twenty shillings for every day during which the default continues after conviction:
895§ Provided that—
- (a) Proceedings for an offence under this paragraph shall not be instituted except by the Minister; and
- (b) The Minister shall be entitled to execute any work specified in the notice and to recover summarily as a civil debt from the person in default the reasonable cost of executing such work in a proper manner, and the right of instituting any such proceedings shall not be prejudiced by the fact that the Minister has executed the work specified in the notice.
§ (4) Any person authorised in that behalf by the Minister or by any body of persons exercising any powers of the Minister on his behalf may, for the purpose of carrying this Schedule into effect, on the production, if so required, of his authority enter on and inspect any land. The occupier shall in all such cases be served with notice of the date on which the inspection is to take place.
§ If any person prevents or obstructs the entry for the purpose of this Schedule upon any land of any person authorised under this Schedule he shall be liable on summary conviction to a fine not exceeding twenty pounds.
§ (5) Every notice required to be served under this Schedule on the occupier of any land may either be served personally on him or sent by registered post to or left at his usual place of abode in the United Kingdom, and in case any person nm whom any such notice is to be served is absent from the United Kingdom, and his usual place of abode in the United Kingdom after diligent inquiry be found, the notice may be served by affixing a copy thereof on some conspicuous part of the land.
§ (6) The Minister may authorise the Agricultural Committee of any county or borough to exercise on behalf of the Minister any of the powers of the Minister under this Schedule.
§ (7) Any expenses incurred by the Minister under this Schedule up to an amount approved by the Treasury shall be defrayed out of the monies provided by Parliament.
§ (8) The injurious weeds to which this Schedule applies are the following, that is to say, Spear Thistle (Carduus Lanceolatus L), Creeping or Field Thistle (Carduus Arvensis Curt), Curled Dock (Rumex Crispus L), Broad-leaved Dock (Rumex Obtusifolius L), and Ragwort (Senecio Jacobœa, L).
§ (9) In this Schedule the expression"owner"includes a person entitled for his life or other limited estate, and the expression"occupier"means in the case of any public road the authority by whom the road is being maintained and in the case of unoccupied land the person entitled to the occupation thereof.
§ (10) This Schedule shall apply to Scotland with the following modifications:—
- (i) The Board of Agriculture for Scotland shall be substituted for the Minister of Agriculture and Fisheries.
- (ii) For the reference to the Agricultural Committee of any county or borough there shall be substituted a reference to the body of persons constituted for any area under the powers specified in paragraph (d) of the proviso to section one of this Act.
- (iii) The provision requiring that proceedings for an offence shall not be instituted except by the Minister shall not apply.
§ (11) This Schedule shall not apply to Ireland.
§ The Commons propose to amend this schedule by inserting after (" Ministry") in line 5 (" of Agriculture and Fisheries (in this schedule referred to as the Minister ')")
§ Moved, That this House doth agree with the Commons in the said Amendment. —(The Earl of Ancaster.)
§ Bill returned to the Commons.