The Potato Industry Development Council (Amendment) Order 1999 © Crown Copyright 1999 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instruments has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Potato Industry Development Council (Amendment) Order 1999 , ISBN 0 11 082761 9. Purchase this item.For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 1, 4 and 8 of the Industrial Organisation and Development Act 1947[1], and now vested in them[2], and of all other powers enabling them in that behalf, after consultation in accordance with section 8(1) of the said Act with the British Potato Council and, in accordance with sections 1(3) and 8(1) of the said Act, with organisations appearing to them to be representative of substantial numbers of persons carrying on business in the potato industry and with such organisations representative of persons employed in the industry as appear to them to be appropriate, and having satisfied themselves (as required by section 4(3) of the said Act) that the incidence of the charges as between different classes of undertakings in the industry will be in accordance with a fair principle, hereby make the following Order, a draft of which has been laid before and approved by a resolution of each House of Parliament- Title, commencement and interpretation 1. - (1) This Order may be cited as the Potato Industry Development Council (Amendment) Order 1999 and shall come into force on 1st July 1999. (2) In this Order "the principal Order" means the Potato Industry Development Council Order 1997[3]. Amendment of the principal Order 2. The principal Order shall be amended in accordance with articles 3 to 8 of this Order. 3. In article 2 (interpretation), in paragraph (1)-
(c) immediately after the definition of "the Ministers" there shall be inserted the following definition-
(b) a retail seller of potatoes;".
4.
In article 6 (register of producers and first purchasers)-
(b) in paragraph (3), immediately after the word "Order" there shall be inserted the following words-
5.
In article 7 (registration of producers and first purchasers)-
6.
In article 8 (returns and information)-
(b) in paragraph (4)-
(ii) in sub-paragraph (f)(ii), for the word "will",
there shall be substituted the words "may, if the Council so decides,";
(ii) in sub-paragraph (f), for the word "shall" there shall be substituted the words "may, if the Council so decides,"; (iii) in sub-paragraph (g)-
(bb) in paragraph (ii), for the word "will" there shall be substituted the words "may, if the Council so decides".
7.
In article 9 (charges for expenses)-
(d) paragraph (7) shall be deleted; (e) in paragraph (8)(b), immediately after the words "first purchaser" there shall be inserted the words "or as a subsequent purchaser".
8.
Immediately after article 12 there shall be inserted the following article-
13. For the purpose of any proceedings arising under this Order, a document in whatever form, purporting to be issued by the Ministers, and confirming that they have given any approval or consent required by this Order shall be-
(b) evidence, and in Scotland sufficient evidence, of the giving of such approval or consent.".
(This note is not part of the Order) This Order, which comes into force on 1st July 1999, amends the Potato Industry Development Council Order 1997 (S.I. 1997/266) ("the principal Order"). The principal Order established a development council ("the Council") for the potato industry in Great Britain. The Council's functions include the keeping of a register of producers and first purchasers, the receipt of annual returns from producers and first purchasers, and the levying of certain charges upon producers and first purchasers. The main change effected by the present Order is to extend the obligations and responsibilities of first purchasers under the principal Order to anyone now qualifying as a "subsequent purchaser" (articles 4, 5, 6 and 7). For this purpose a subsequent purchaser is anyone carrying on business in the potato industry who buys in a year at least 100 tonnes of raw potatoes where those potatoes have previously been sold or delivered to an agent, but does not include either a catering establishment or a retail seller of potatoes (article 3). In addition, this Order introduces an evidential presumption of the validity of an approval or consent given by Ministers for the purposes of the principal Order where there is certain documentary confirmation that it was given by them (article 8). No Regulatory Impact Assessment has been prepared in respect of these Regulations. Notes: [1] 1947 c. 40; section 4 was modified, in the case of any development council order relating to agriculture, by section 60 of the Agriculture Act 1993 (c. 37).back [2] By virtue of S.I. 1955/554, 1978/272.back
ISBN 0 11 082761 9
|
|
| ||
| We welcome your comments on this site | © Crown copyright 1999 | Prepared 28 June 1999 |