Memorandum by the Ministry of Agriculture, Fisheries
AGRICULTURE ACT 1986 (AMENDMENT) REGULATIONS
1997 (S.I. 1997/1457)
1. The Committee requested a memorandum on the following
"As respects paragraph (b) of the new subsection (4A)
inserted in section 18 of the Act, explain whether the circumstances
in which the Minister is empowered to withhold aid will be specified
in the agreement itself or may be specified outside the agreement.
If the latter, how will the other party to the agreement be made
aware of the circumstances in which the Minister may withhold
2. Subsection (4A), so far as is relevant, reads as follows:
" . . . an agreement under subsection (3) may contain
. . . (b) provision for payments by the Minister to be withheld
in specified circumstances".
3. The subsection was drafted on the basis that the circumstances
in which payments might be withheld would be required to be specified
in the agreement, as implied by the introductory words "an
agreement may contain". The draftsman preferred the use
of "specified circumstances" over the longer "circumstances
specified in the agreement", which would also have been
4. Accordingly, the answer to the question whether the circumstances
may be specified outside the agreement is "no", and
the remainder of the Committee's query is therefore inapplicable.
5. As subsection (4A) was drafted in Parliamentary Counsel's
office, this response has been agreed with them.
7th July 1997