Agriculture Act 1970

JurisdictionUK Non-devolved
Citation1970 c. 40


Agriculture Act 1970

1970 CHAPTER 40

An Act to make provision with respect to agriculture and related matters and with respect to flood warning systems; and to amend the Diseases of Animals Act 1950.

[29th May 1970]

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:—

I Eggs

Part I

Eggs

Preliminary

Preliminary

S-1 Interpretation of Part I.

1 Interpretation of Part I.

1. In this Part of this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

‘accounting period’ means—

a ) the period beginning with 28th March 1971 and ending with 1st April 1972
b ) any subsequent period appointed by the Authority as an accounting period, being a period of such duration not exceeding fifteen months as may be so appointed beginning with 2nd April 1972 or with the date thereafter of the day after that with which the last preceding accounting period ends

‘authorised officer’, in relation to any function, means an officer of the Authority authorised by the Authority to act in connection with that function and, in relation to Northern Ireland, except when qualified by the words ‘of the Authority’, includes an officer of the Ministry of Agriculture for Northern Ireland acting in connection with that function with the authority of that Ministry on behalf of the Authority, being in either case an officer with written evidence of his authority which he shall produce on request at any time while acting thereunder;

‘the Authority’ means the Eggs Authority constituted under section 2 of this Act;

‘egg products’ means any product which is obtained to any substantial extent, with or without any process of manufacture, from eggs, being, except when qualified by the word ‘imported’, a product so obtained in the United Kingdom from eggs laid in the United Kingdom;

‘eggs’ means eggs in shell laid by domestic fowls, being, except when qualified by the word ‘imported’, eggs so laid in the United Kingdom;

‘independent member of the Authority’ means a member of the Authority appointed by virtue of section 2(2)(a ) of this Act;

‘marketing’, in relation to eggs or egg products, does not include the sale by retail of eggs or egg products purchased by the seller for the purpose of such sale;

‘the Minister’ means the Minister of Agriculture, Fisheries and Food;

‘the Ministers’, except in section 25 of this Act, means the Minister, the Secretary of State for Wales, the Secretary of State for Scotland and the Secretary of State concerned with agriculture in Northern Ireland and, in the case of anything falling to be done by the Ministers, means those Ministers acting jointly;

‘producer’ means a person engaged by way of business in the production of eggs.

Constitution and functions of Eggs Authority

Constitution and functions of Eggs Authority

S-2 Constitution of Eggs Authority.

2 Constitution of Eggs Authority.

(1) There shall be established an Authority, to be called the Eggs Authority, who shall have the general duty of improving the marketing of eggs and who shall, for the purposes of any period falling after 27th March 1971, in particular have the functions assigned to them by or under this Part of this Act.

(2) The Authority shall consist of not less than twelve and not more than fourteen 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, of whom—

(i) one shall be appointed as being a person who in the opinion of the Ministers is specially conversant with the interests of consumers of eggs;

(ii) two (neither being the member appointed pursuant to sub-paragraph (i) of this paragraph) shall also be appointed by the Ministers to be chairman and deputy chairman respectively of the Authority;

(b ) five shall be appointed after consultation with such organisations appearing to the Ministers to represent the interests of producers as the Ministers consider appropriate;

(c ) four shall be appointed after consultation with such organisations as the Ministers consider appropriate, being organisations appearing to the Ministers to represent the interests of persons engaged in activities comprised in the marketing, distribution or sale by retail of eggs, in activities ancillary to the production of eggs, being activities comprised in the hatching or rearing of domestic fowls, or in activities comprised in the production, marketing or distribution of egg products, or the use of egg products as materials for the purposes of manufacturing businesses carried on by the persons in question.

(3) 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 Minister for the Civil Service, determine; and

(b ) in the case of any member of the Authority to whom the Ministers, with the like approval, determine that this paragraph is to apply, pay such pension, or make such payments towards the provision of a pension, to or in respect of him as the Ministers and the Minister for the Civil Service may determine in his case.

(4) The provisions of Schedule 1 to this Act shall have effect with respect to the Authority.

S-3 Functions of Authority as to market support.

3 Functions of Authority as to market support.

3. If in the case of any accounting period it appears to the Authority to be expedient in the interests of producers and consumers of eggs so to do with a view to reducing fluctuations in the price of eggs—

a ) they may at any time during that accounting period purchase eggs at such prices and in such manner as they think fit; and
b ) where they have so purchased any eggs, they may deal with those eggs in such manner as they think fit and, without prejudice to the generality of their discretion as to the manner of dealing with those eggs, may in particular—

(i) sell them to any person for any purpose;

(ii) process them, or arrange for their processing by some other person on the Authority's behalf, and sell the resulting egg products;

(iii) make such provision for their storage or transport, whether by the Authority themselves or by some other person on the Authority's behalf, as the Authority consider necessary or expedient.

S-4 Functions of Authority as to market intelligence.

4 Functions of Authority as to market intelligence.

(1) The Authority may—

(a ) collect, collate or prepare information or estimates with respect to—

(i) prices, supply, demand and other market conditions (whether actual or prospective) relating to eggs or egg products, including imported eggs and imported egg products; and

(ii) activities ancillary to the production of eggs, being activities comprised in the hatching or rearing of domestic fowls or the disposal of domestic fowls at end of lay; and

(b ) subject to section 21 of this Act, publish or disseminate any such information or estimates, and any other information compiled, or estimates prepared, in the course of the performance of their functions under this Part of this Act;

and in publishing or disseminating any such information or estimates the Authority may include recommendations as to prices (other than retail prices) which would in their opinion be appropriate in selling eggs otherwise than by retail having regard to any prices specified in the information or estimates.

(2) If the Authority consider it desirable for the purpose of their functions under subsection (1) of this section, they may prepare and submit to the Ministers a scheme for requiring persons of such classes as may be specified in the scheme who are engaged by way of business in activities comprised in the production, marketing or distribution of eggs or egg products, or in activities ancillary to the production of eggs and comprised in the hatching or rearing of domestic fowls, to register with the Authority in accordance with the requirements of the scheme and to comply with any requirements in the scheme regarding the supply to the Authority of information as to the quantities and prices of eggs purchased by those persons from producers or sold by those persons otherwise than by retail, as to the numbers of domestic fowls hatched, reared or disposed of at end of lay by those persons in the course of activities ancillary to the production of eggs, and as to the prices at which any such fowls have been sold by those persons, and any such scheme may—

(a ) vary or revoke any scheme previously brought into force under this subsection; and

(b ) contain such supplemental, incidental or transitional provisions as appear to the Authority to be expedient, including in particular provision—

(i) conferring exemptions from requirements of the scheme;

(ii) for persons contravening or failing to comply with the requirements of the scheme to be guilty of an offence against the scheme; and

(iii) for a person guilty of such an offence to be liable on summary conviction to a fine not exceeding a specified amount, being an amount not exceeding 100;

and if the Ministers are satisfied that it is desirable that any such scheme submitted to them should be brought into force, they may bring it into force by order.

(3) The Ministers may by order revoke any scheme brought into force under subsection (2) of this section if it appears to them, after consultation with the Authority, that the scheme is not serving the purposes for which it was made or that the continued operation of the scheme would be...

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