Agricultural Marketing Act 1933
| Year | 1933 |
Agricultural Marketing Act, 1933
(23 & 24 Geo. 5.) CHAPTER 31.
An Act to provide for the better organisation and development of the agricultural industry and of industries connected therewith by regulating the importation and sale of agricultural products and the production of secondary agricultural products; to amend the law with respect to the marketing of agricultural products; and to make further provision in connection with the matters aforesaid.
[18th July 1933]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Agricultural Products.Products and Sales of Home-producedRegulation of Importation of Agricultural
1 Regulation of importation of agricultural products.
(1) Subject to the provisions of this section, the Board of Trade, after consultation with the Minister of Agriculture and Fisheries and with the Secretaries of State concerned with agriculture in Scotland and Northern Ireland respectively, may make an order regulating the importation into the United Kingdom of any such agricultural product as may be specified in the order, if it appears to the Board, after such consultation as aforesaid,—
(a ) that there have been, or are being, taken all such steps as are practicable and necessary for the efficient reorganisation, by means of agricultural marketing schemes or schemes under this Act, of those branches of the agricultural industry in the United Kingdom in whose interests the order is made; and
(b ) that without an order under this section the effective organisation and development of the said branches of the agricultural industry in the United Kingdom under such schemes as aforesaid cannot be brought about or cannot be maintained;
and any order made under this section may contain such provisions as appear to the Board of Trade, after such consultation as aforesaid, to be necessary for securing the due operation and enforcement of the scheme of regulation contained in the order.
(2) Without prejudice to the generality of the powers conferred by the foregoing subsection, an order under this section may regulate the importation into the United Kingdom of the agricultural product to which the order relates, by determining for any such period as may be specified in the order—
(a ) the quantity of the product, or of any description thereof, which may be imported;
(b ) the descriptions of the product which may be imported.
(3) In deciding whether to make an order under this section, and in settling the terms of any such order, the Board of Trade shall, among other considerations, have regard to the interests of consumers of the product to which the order relates (including persons who purchase that product for the purpose of subjecting it to any treatment or process of manufacture) and to the effect which the regulation of the importation of that product into the United Kingdom is likely to have upon commercial relations between the United Kingdom and other countries; and the Board shall not make such an order unless they are satisfied that it is not at variance with any treaty, convention or agreement for the time being in force between His Majesty and any foreign Power or between His Majesty's Government in the United Kingdom and the government of any other country.
(4) Any expenses incurred under this section by the Board of Trade for the purpose of regulating the importation of an agricultural product into the United Kingdom shall be defrayed out of moneys provided by Parliament.
2 Regulation of sales of home-produced agricultural products.
(1) Where—
(a ) the importation of an agricultural product into the United Kingdom is regulated by an order in force under the foregoing section; or
(b ) the Board of Trade certify that arrangements have been made, to the satisfaction of the Board, for controlling the importation of an agricultural product into the United Kingdom,
then, if it appears to the Minister of Agriculture and Fisheries and the Secretaries of State concerned with agriculture in Scotland and Northern Ireland respectively that an order under this section will conduce to the efficient reorganisation or organised development of any branch of the agricultural industry in the United Kingdom, or is necessary in order to secure the economic stability of any branch of that industry, the said Minister and Secretaries of State, acting in conjunction, may, subject to the following provisions of this section, make, in respect of the said agricultural product or any related product, an order regulating sales of the product which is the subject of the order by persons producing it in the United Kingdom or by boards administering agricultural marketing schemes, by determining for any such period as may be specified in the order—
(i) the descriptions of the product which may be sold;
(ii) the quantity of the product, or of any description thereof, which may be sold;
so, however, that nothing in an order under this section shall apply to any product in so far as it is produced outside the United Kingdom.
In this subsection the expression ‘related product’ means, in relation to an agricultural product, any agricultural product from which the first-mentioned agricultural product is wholly or partly manufactured or derived, or any agricultural product wholly or partly manufactured or derived therefrom.
(2) Any order made under this section may contain such provisions as appear to the said Minister and Secretaries of State to be necessary for securing the due operation and enforcement of the scheme of regulation contained in the order, and, subject to any directions which may be contained in the order, it shall be the duty of boards administering agricultural marketing schemes to exercise their powers in such manner as appears to them to be necessary for securing that the order is not contravened.
(3) Before making any order under this section, the said Minister and Secretaries of State shall consult the Board of Trade and the Market Supply Committee, and, if the order is in respect of a product the marketing of which is regulated by agricultural marketing schemes, shall also consult the boards administering those schemes.
(4) Any expenses incurred under this section by the Minister of Agriculture and Fisheries or a Secretary of State for the purpose of regulating sales of an agricultural product shall be defrayed out of moneys provided by Parliament, but such of the said expenses as the Joint Exchequer Board may determine to be properly payable by the Government of Northern Ireland shall be made good by means of deductions from the Northern Ireland residuary share of reserved takes.
3 Market Supply Committee.
(1) The Minister of Agriculture and Fisheries and the Secretaries of State concerned with agriculture in Scotland and Northern Ireland respectively, acting in conjunction, (hereafter in this section referred to as ‘the appointing authority’) shall appoint a committee for the United Kingdom, which shall be called, and is in this Act referred to as, ‘the Market Supply Committee.’
(2) It shall be the duty of the Market Supply Committee to review generally the circumstances affecting the supply of agricultural products in the United Kingdom and to make recommendations to the said Minister and Secretaries of State as to any steps which ought, in the opinion of the committee, to be taken for regulating that supply, and, in particular, to give to the said Minister and Secretaries of State advice and assistance in connection with the discharge of their functions under this Part of this Act and to report to them on the operation of any order in force under this Part of this Act and of any arrangements made for controlling the importation of an agricultural product into the United Kingdom.
(3) The Market Supply Committee shall consist of a chairman and not more than four other persons, and the chairman and other members of the committee shall be appointed for such period, and subject to such conditions, as may be determined by the appointing authority.
(4) The meetings, quorum and procedure of the Market Supply Committee shall be regulated in accordance with regulations made by the appointing authority for the purpose, and the committee shall have power to act notwithstanding any vacancy among the members thereof.
(5) The appointing authority may appoint a secretary to the Market Supply Committee, and the committee may employ such officers, agents and servants as the appointing authority, with the approval of the Treasury, may determine.
(6) The appointing authority may pay such remuneration to the chairman and other members, and to the secretary, officers, agents and servants, of the Market Supply Committee, and such other expenses of the committee, as the appointing authority, with the approval of the Treasury, may determine.
(7) The expenses incurred under this section by the appointing authority shall be defrayed out of moneys provided by Parliament, but such of the said expenses as the Joint Exchequer Board may determine to be properly payable by the Government of Northern Ireland shall be made good by means of deductions from the Northern Ireland residuary share of reserved taxes.
Part II.
Production of Secondary Agricultural Products.Development Schemes for Organising the
4 Submission and approval of development schemes.
(1)...
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