Bacon Industry Act 1938
| Jurisdiction | UK Non-devolved |
| Citation | 1938 c. 71 |
| Year | 1938 |
Bacon Industry Act, 1938
(1 & 2 Geo. 6.) CHAPTER 71.
An Act to provide for the better organisation of the bacon industry and the pig producing industry and in that connection to provide for payments out of and into the Exchequer, and the continuance of the regulation of imports; and for purposes connected with the matters aforesaid.
[29th July 1938]
B E 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.
Organisation.
1 Establishment of new Bacon Development Board.
(1) For the purposes of this Act, and in particular for the purpose of administering this Act so far as no other provision is made thereby for the administration thereof, there shall be a Board, to be called the Bacon Development Board, which shall be a body corporate with a common seal and power to hold land without licence in mortmain.
(2) The said Board (hereinafter referred to as ‘the Development Board’) shall consist of—
(a ) five persons appointed by the Minister, being persons who in the opinion of the Minister are by reason of their financial, commercial or administrative experience, fitted to serve on the Board;
(b ) four persons nominated by the Pigs Marketing Board; and
(c ) four persons nominated by the Bacon Marketing Board.
(3) The Development Board shall pay to each of its members such remuneration, and each of its members shall hold office for such period (not exceeding three years) and on such terms, as the Minister may determine at the time of his appointment or nomination:
Provided that—
(a ) before making any such determination as respects a nominated member, the Minister shall consult the Board by which he was nominated; and
(b ) any member of the Development Board may, by notice under his hand addressed to the secretary of that Board, resign his office.
(4) The provisions of the First Schedule to this Act shall have effect with respect to the Development Board and its proceedings.
(5) The Board established by the Bacon Development Scheme, 1935, shall cease to exist, and that scheme shall cease to have effect, and any property and rights acquired and liabilities incurred by the Board established by the said Scheme shall, by virtue of this Act and without more, become property, rights and liabilities of the Development Board established by this Act.
2 Relations between Marketing Boards and Development Board.
(1) The Development Board shall exercise its functions under this Act in consultation, so far as may be, with the Pigs Marketing Board and the Bacon Marketing Board, and those Marketing Boards shall, as respects the exercise of their respective functions under the subsequent provisions of this Act, save in so far as they are expressly directed by this Act to act independently of the Development Board, act in accordance with any directions given to them by the Development Board in writing.
The power of the Development Board to give directions to a Marketing Board as respects the exercise of the Marketing Board's functions shall be deemed to include power to direct the Marketing Board to abstain from exercising its powers to such extent as may be specified in the direction.
(2) If on the application of the Development Board the Minister is satisfied that either of the two Marketing Boards has failed to comply with any directions given to it by the Development Board under subsection (1) of this section or is acting in a manner inconsistent with the policy of the Development Board, or if he is jointly requested so to do by the Development Board and either of the two Marketing Boards, the Minister may by order transfer to the Development Board such of the functions of that Marketing Board as may be specified in the order.
Any decision of a Marketing Board whether or not to join with the Development Board in making a request under this subsection shall be taken by the Marketing Board independently of the Development Board.
(3) Any order so made may contain such incidental and consequential provisions as may appear necessary or expedient for the purpose of enabling the Development Board properly to exercise the functions transferred, including provisions adapting the provisions of this Act, and rendering exercisable by the Development Board concurrently with the Marketing Board such powers of the Marketing Board as may be specified in the order, being powers which it appears necessary or expedient should be exercisable by the Development Board in connection with the functions transferred to it.
(4) Any order under this section may be revoked or varied by a subsequent order of the Minister made on the application of the Board or Boards on whose application the original order was made:
Provided that, where a power has been transferred to the Development Board on the ground that the Marketing Board has failed to carry out any directions given to it by the Development Board under subsection (1) of this section, or is acting in a manner inconsistent with the policy of the Development Board, nothing in this section shall authorise the re-transfer of that power until five years have elapsed from the date of the order effecting the transfer.
(5) The Minister, as soon as may be after an order is made under this section, shall lay the order before each House of Parliament.
(6) An order under this section made on the application of the Development Board only shall not have effect until it has been approved by a resolution of each House of Parliament.
(7) An order under this section made on the joint application of the Development Board and the Marketing Board affected shall have effect as from such date as may be specified in the order, but if either House within the next subsequent twenty-eight days on which that House has sat after the order has been laid before it resolves that the order be annulled the order shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new order.
3 Provision in the event of the winding-up of either of the Marketing Boards.
(1) If the Bacon Marketing Scheme, 1933, is revoked, there shall be constituted a Bacon Curers' Advisory Committee which shall, in relation to the matters set out in the Second Schedule to this Act, have the functions which would otherwise be performed by the Bacon Marketing Board.
(2) The provisions of the Third Schedule to this Act shall have effect in relation to the said Committee.
(3) During any period after the said Committee has been dissolved and during any period elapsing between the revocation of the Bacon Marketing Scheme, 1933, and the election of that Committee, the functions which would be performed by that Committee shall be functions of such body of persons as the Minister may from time to time consider to be representative of registered curers.
(4) If the Pigs Marketing Scheme, 1933, is revoked, the functions which would otherwise be performed by the Pigs Marketing Board in relation to the nomination of members of the Development Board, to the determination of the period for which and the terms on which those members are to hold office and to the making of representations and complaints to the Minister shall, as from the date of the revocation, be functions of such body of persons as the Minister may from time to time consider to be representative of registered producers of pigs.
(5) Subject to the provisions of this section, the provisions of the last preceding section with respect to failure or neglect by a Marketing Board to perform its functions shall apply with the necessary modifications if either of the said Schemes is revoked, and shall so apply as if any power to transfer functions of the Marketing Board to the Development Board included power to confer on the Development Board functions and powers which the Marketing Board would have had but for the revocation of the Scheme:
Provided that the Development Board shall, in performing any functions which were functions of the Pigs Marketing Board, act as far as may be in consultation with the body of persons mentioned in the last preceding subsection.
4 Winding-up of Development Board.
(1) The provisions of Part X of the Companies Act, 1929 , shall, subject to the provisions of the Fourth Schedule to this Act and to the provisions of this section, apply in relation to the Development Board as they apply in relation to unregistered companies.
(2) The Development Board may be wound up if the Development Board resolves that it is expedient that it should be wound up, as well as in the circumstances mentioned in paragraph (d ) of subsection (1) of section three hundred and thirty-eight of the said Act:
Provided that no such resolution shall be passed except at a meeting of the Board held at least fourteen days after notice of the intention to propose the resolution thereat has been given to every member of the Board.
(3) On the making of an order for the winding-up of the Development Board, the Pigs Marketing Scheme, 1933, and the Bacon Marketing Scheme, 1933, shall be deemed to be revoked, and, save so far as may be necessary for the purpose of the winding-up of the Development Board, the Pigs Marketing Board and the Bacon Marketing Board, this Act shall cease to have effect:
Provided that the provisions of section thirty-eight of the Interpretation Act, 1889 (which relate to the effect of repeals) shall have effect in relation to this Act as if the cessation thereof by virtue of this section were a repeal thereof by a subsequent Act.
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