Cereals Marketing Act 1965
Cereals Marketing Act 1965
1965 CHAPTER 14
An Act to provide for the establishment of a Home-Grown Cereals Authority, and to make provision as to the functions and finances of the Authority; and for purposes connected therewith.
[2nd June 1965]
Be it enacted by the Queen'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
Constitution and Non-Trading Functions of Home-Grown Cereals Authority
1 Constitution of Authority.
(1) There shall be established an Authority, to be called the Home-Grown Cereals Authority (in this Act referred to as ‘the Authority’), who shall perform the functions assigned to them by or under this Act for the purpose of improving the marketing of home-grown cereals.
(2) The Authority shall consist of not less than twenty-one and not more than twenty-three members appointed by the Ministers; and of those members—
(a ) not less than three and not more than five shall be appointed as being independent persons;
(b ) nine shall be appointed as being persons capable of representing the interests of growers of home-grown cereals, and of those nine such number as appears to the Ministers to be adequate shall be appointed as being also capable of representing the interests of farmers who use home-grown cereals for feeding livestock kept by them;
(c ) nine shall be appointed as being persons capable of representing the interests of persons who are either dealers in, or persons who process, home-grown cereals.
(3) Of the members appointed under paragraph (a ) of subsection (2) of this section, the Ministers shall appoint one to be chairman and one to be deputy chairman of the Authority.
(4) Of the members appointed under paragraph (b ) of subsection (2) of this section, at least one shall be appointed as being capable of representing, in particular, the interests of growers of home-grown cereals in Scotland, and one shall be appointed as being capable of representing, in particular, the interests of growers of home-grown cereals in Northern Ireland.
(5) Before appointing the members referred to in paragraphs (b ) and (c ) of subsection (2) of this section, the Ministers shall consult such organisations appearing to them to represent to any substantial extent the interests in respect of which the members in question are to be appointed as the Ministers consider appropriate.
(6) The Authority shall—
(a ) pay to the members of the Authority such remuneration and such travelling or other allowances as the Ministers may, with the approval of the Treasury, determine, and
(b ) in the case of any member of the Authority to whom the Ministers, with the approval of the Treasury, determine that this paragraph applies, pay such pension, or make such payments towards the provision of a pension, to or in respect of him as the Ministers and the Treasury may determine in his case.
(7) The provisions of Schedule 1 to this Act shall have effect with respect to the Authority.
2 Bonus payments and loans in respect of forward contracts.
(1) The Authority may (and, in so far as they are required to do so by subsection (3) of this section, the Authority shall) prepare and submit to the appropriate Minister or Ministers one or more schemes under this section.
(2) Every such scheme shall provide for the making by the Authority of bonus payments in respect of forward contracts which—
(a ) are contracts for the sale of home-grown cereals of a kind, and grown in a part of the United Kingdom, to which the scheme relates, and
(b ) are contracts made by the growers of such cereals.
(3) Without prejudice to any power of the Authority to prepare a scheme under this section with respect to any other kind of home-grown cereals, or to include any other kind of home-grown cereals in a scheme prepared in pursuance of this subsection, it shall be the duty of the Authority, as soon as practicable after they are established, to prepare and submit to the appropriate Minister or Ministers one or more schemes under this section comprising, or together comprising, wheat and barley grown in all parts of the United Kingdom.
(4) Any scheme under this section may include provision for the making or guaranteeing by the Authority of loans to growers of home-grown cereals in respect of forward contracts made by them for the sale of such cereals; and (either in addition to, or instead of, the inclusion of any such provision in a scheme under this section) the Authority may make arrangements for the making or guaranteeing of such loans by other persons on the recommendation of the Authority.
(5) Where a scheme under this section includes any such provision as is mentioned in the last preceding subsection, the scheme shall also include provision whereby any person who—
(a ) satisfies the Authority that in the ordinary course of business he makes loans to farmers to provide them with working capital, and that a grower of home-grown cereals has applied to him for such a loan, or has received from him such a loan which has not yet been repaid, or
(b ) satisfies the Authority that he extends credit to farmers in the ordinary course of a business of supplying goods or services required for agricultural purposes, and that a grower of home-grown cereals has applied to him for credit to be so extended, or has received from him credit so extended which is still outstanding,
and who (in either case) fulfils such other requirements (if any) as may be determined in accordance with the scheme, may request the Authority, and the Authority shall thereupon be required, to furnish to him such information as may be determined in accordance with the scheme with respect to loans made to that grower by the Authority in pursuance of the scheme.
3 Bonus payments in respect of deliveries of cereals.
(1) The Authority may also prepare and submit to the appropriate Minister or Ministers one or more schemes under this section; and any such scheme may relate—
(a ) either to all kinds of home-grown cereals or to one or more kinds of home-grown cereals specified in the scheme, and
(b ) either to the whole of the United Kingdom or to any part of the United Kingdom so specified.
(2) Any scheme under this section shall provide for the making by the Authority of bonus payments in respect of cereals which, being cereals of a kind, and grown in a part of the United Kingdom, to which the scheme relates, are (whether in pursuance of a forward contract or not) delivered at such time of the year as may be specified in the scheme.
4 General provisions as to schemes under ss. 2 and 3.
(1) A scheme under section 2 or section 3 of this Act shall not have effect unless it is approved by the appropriate Minister or Ministers.
(2) Any such scheme may either specify the rates of any bonus payments to be made under the scheme or may provide for those rates to be determined annually by the Authority, with the approval of the appropriate Minister or Ministers, for each year in respect of which the scheme is in force.
(3) Any bonus payment to be made in pursuance of any such scheme shall be paid to the grower who makes the forward contract or, as the case may be, delivers the cereals in question, or, if the Authority are satisfied that the interest of the grower in the payment has passed to some other person, shall be paid to that other person.
(4) Subject to the provisions of subsections (2) and (3) of this section, any such scheme shall include provision as to the circumstances in which, and any conditions subject to which, bonus payments are to be made in pursuance of the scheme.
(5) Where, in pursuance of subsection (4) of section 2 of this Act, a scheme under that section includes provision for the making or guaranteeing of loans by the Authority, the scheme shall include provision as to the circumstances in which, and any conditions subject to which, loans may be made or guaranteed by the Authority in pursuance of the scheme.
5 Supplementary provisions as to schemes.
(1) Any scheme under section 2 or section 3 of this Act may be varied or revoked by a subsequent scheme thereunder.
(2) Where a scheme under either of those sections is for the time being in force, and the Authority represent to the appropriate Minister or Ministers that the scheme should be revoked without being replaced by another scheme, the appropriate Minister or Ministers may by order revoke the scheme.
(3) Any scheme under either of those sections, and any order under the last preceding subsection, may contain such transitional, incidental and supplementary provisions as appear to the Authority, or to the appropriate Minister or Ministers, as the case may be, to be necessary or expedient.
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