1 Smallholdings authorities
10.12 Section 38 of the Agriculture Act 1970 designates county councils ‘smallholdings authorities’ for the purposes of Part III of the 1970 Act. Smallholdings authorities are required by s 39 to make it their general aim, having regard to the interests of agriculture and good estate management, to provide opportunities for persons to be farmers on their own account by making holdings available for letting.
The upper limit of land which can be so let in an individual case is fixed by s 39(2), being an amount which (in the opinion of the Minister) is capable when farmed under reasonably skilled management of providing full time employment for not more than two men (including the tenant), with or without additional part-time employment for another man.10.13 The 1970 Act gives smallholdings authorities power to make loans to provide working capital for tenants of smallholdings provided by them, and to guarantee the repayment of loans taken by tenants from third parties.16 The authority cannot, however, make loans in excess of three-quarters of the aggregate working capital required for the proper working of the smallholding concerned. The 1970 Act also requires smallholdings authorities to keep separate accounts of receipts and expenses incurred with respect to smallholdings, and a record of all land which has been held by the authority for smallholding purposes and by whom it is (or has been) occupied.17 Each smallholdings authority must make an annual report to the Minister, and the latter lays before Parliament an annual report summarising for that year the activities of smallholdings authorities in England and Wales.18 If the Minister is satisfied that the functions of any smallholdings authority are not being satisfactorily performed, he has default powers to perform its functions in a prescribed manner, or by order to transfer its functions to himself. Where the latter occurs, the Minister is to perform the functions transferred to him as if he were an agent of the smallholdings authority.19 There is provision for an authority to make application for revocation of the Minister’s order, such application to be made at not less than 12-monthly intervals.20