Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1975

Publication Date:January 01, 1975

1975No. 721

AGRICULTURE

The Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1975

30thApril1975

1stMay1975

The Minister of Agriculture, Fisheries and Food, the Secretary of State concerned with agriculture in Scotland and the Secretary of State for Wales (hereinafter referred to as "the Ministers"), acting jointly in exercise of the powers conferred on them by section 13 of the Agriculture Act 1967(a), as read with the Transfer of Functions (Wales) Order 1969(b), and of all other powers enabling them in that behalf, being satisfied that the bringing into force of a Scheme submitted to them by the Meat and Livestock Commission for their confirmation under the said section (which Scheme, hereinafter referred to as "the said Scheme", further varies the principal Scheme confirmed by the Meat and Livestock Commission Levy Scheme (Confirmation) Order 1968(c) as varied by the Scheme confirmed by the Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1970(d)) is desirable hereby make the following order, a draft whereof has been laid before Parliament and approved by resolution of each House of Parliament.

1. This order may be cited as the Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1975, and shall come into operation on the day immediately following the day on which it is made.

(a) 1967 c. 22.

(b) S.I. 1969/388 (1969 I, p. 1070).

(c) S.I. 1968/1224 (1968 II, p. 3282).

(d) S.I. 1970/1964 (1970 III, p. 6416).

2. The said Scheme, which is set forth in the Schedule to this order, is hereby confirmed and it shall come into force on the day on which this order comes into operation.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th April 1975.

Frederick Peart, Minister of Agriculture, Fisheries and Food.

(L.S.)

William Ross, Secretary of State for Scotland.

28th April 1975.

John Morris, Secretary of State for Wales.

30th April 1975.

SCHEDULE

MEAT AND LIVESTOCK COMMISSION LEVY (VARIATION) SCHEME 1975

The Meat and Livestock Commission Levy Scheme 1968 (being the Scheme set forth in the Schedule to the Meat and Livestock Commission Levy Scheme (Confirmation) Order 1968—S.I. 1968/1224) as varied by the Meat and Livestock Commission Levy (Variation) Scheme 1970 (being the Scheme set forth in the Schedule to the Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1970—S.I. 1970/1964) is hereby further varied as follows:—

(a) by substituting for sub-paragraph (2) of paragraph 4 thereof the following sub-paragraph:—

"(2) The maximum charge leviable in respect of each head of livestock slaughtered shall be in the case of:—

(a) Cattle (other than calves not exceeding 150 lb
                 deadweight) … … … … … 90p a head
                (b) Calves not exceeding 150 lb. deadweight … 12p a head
                (c) Sheep … … … … … … 8p a head
                (d) Pigs … … … … … … 30p a head"
                

(b) by substituting for sub-paragraph (2) of paragraph 5 thereof the following sub-paragraph:—

"(2) (a) Subject to sub-paragraph (b) of this paragraph—

(i) where the slaughterer slaughters livestock which he has purchased, or of which he has agreed to purchase all or part of the carcase after slaughter, he is hereby authorised to recover, as a debt due to him from the person from whom he has purchased the livestock or has agreed to purchase all or part of the carcase (as the case may be) one half of any sum paid by the slaughterer under this Scheme by reference to that livestock: Provided that where the purchase was at auction the slaughterer is hereby authorised to recover from the Auctioneer instead of from the person from whom he purchased;

(ii) where the slaughters livestock on the instructions of another person (not being livestock which the slaughterer has purchased or of which he has agreed to purchased all or part of the carcase after slaughter) the slaughterer is hereby authorised to recover as a debt due to him from that person the whole of any sum paid by the slaughterer under this Scheme by reference to that livestock.

(b) Sub-paragraph (a) of this paragraph shall only apply where the person from whom the slaughterer is authorised to recover is a person engaged in the production, marketing (including marketing by a person concerned otherwise than as a buyer or seller) or distribution of livestock or livestock products.";

(c) by substituting in sub-paragraph (3) of paragraph 5 thereof for the expression "0·75d" the expression "0·43p".

EXPLANATORY NOTE

(This Note is not part of the Order.)

By this Order Ministers confirm a variation scheme submitted to them by the Meat and Livestock Commission. This Scheme, which is set out in the Schedule to the Order, further varies the Commission's original Meat and Livestock Commission Levy Scheme 1968, as varied, by increasing the maximum charges which may be imposed by the Commission for enabling them to meet their expenses.

This Scheme also modifies the provisions of the original Scheme relating to the recovery by a slaughterer of sums paid by him under the Scheme. A slaughterer is authorised by the Scheme to recover half of any sum paid by him under the Scheme in relation to any livestock from the person (being a person who is engaged in the production, marketing or distribution of livestock or livestock products) from whom he has purchased such livestock or agreed to purchase all or part of the carcase of such livestock after slaughter. Where the purchase was at auction, however, the slaughterer is authorised to recover from the auctioneer instead of from such person.

Where the slaughterer has not purchased the livestock or agreed to purchase the whole or any part of the carcase of such livestock which he has slaughtered, he continues to be authorised to recover the whole of any sum paid by him under the Scheme from such person, as is mentioned in the previous paragraph, on whose instructions such livestock was slaughtered.

The maximum amount which may be deducted by slaughterers from payments to the Commission as expenses in respect of recovery of the levy has been increased to 0·43p for each head of livestock slaughtered.

APPENDIX OF CERTAIN INSTRUMENTS NOT REGISTERED AS S.I.

Orders in Council, Letters Patent and Royal Instructions

relating to the Constitutions etc. of Overseas Territories or to appeals to the Judicial Committee,

Royal Proclamations, etc.

THE HONG KONG (COINAGE) (AMENDMENT) ORDER 1975

At the Court at Buckingham Palace

THE 12th DAY OF FEBRUARY 1975

PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL

Her Majesty, in exercise of the powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Hong Kong (Coinage) (Amendment) Order 1975 and shall come into operation on the day on which it is proclaimed in Hong Kong by the Governor.

2.—(1) In this Order, "the principal Order" means the Hong Kong (Coinage) Order 1936(a).

(2) The Interpretation and General Clauses Ordinance 1966, as amended by any subsequent Ordinance, shall apply to the interpretation of this Order as it applies to the interpretation of any Ordinance or enactment in force in Hong Kong.

3. The principal Order shall be amended as follows:

(1) There shall be inserted—

(a) in Article 3(1) the word "gold," after the words "any denomination whether of";

(b) in Article 3(2) the words "or gold" after the words "if of silver";

(c) in Article 4(1) the words "or gold" after the words "in the case of silver";

(2) In Article 4(1) there shall be substituted for the words "be legal tender" to the end of the paragraph the following:

"be legal tender as follows, that is to say—

(a) gold coins, for the payment of any amount;

(b) coins of silver, copper, nickel, cupro-nickel or other mixed metal of denominations of not less than one dollar for the payment of an amount not exceeding one hundred dollars;

(c) coins of silver, copper, nickel, cupro-nickel or other mixed metal of denominations less than one dollar for the payment of an amount not exceeding two dollars."

N. E. Leigh

(a) Rev. IV, p. 570 (1936 II, p. 3710)

EXPLANATORY NOTE

(This Note is not part of the Order.)

This Order amends the Hong Kong (Coinage) Order 1936 by adding gold to the list of coins for which the Governor may make new provision by Proclamation.

THE GILBERT AND ELLICE ISLANDS COLONY (ENTITLED OFFICERS) (AMENDMENT) ORDER 1975

At the Court at Buckingham Palace

THE 18th DAY OF MARCH 1975

PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL

Her Majesty, by virtue and in exercise of all the powers in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and Commencement

1.—(1) This Order may be cited as the Gilbert and Ellice Islands Colony (Entitled Officers) (Amendment) Order 1975 and shall be construed as one with the Gilbert and Ellice Islands Colony (Entitled Officers) Order 1971(a) (hereinafter referred to as "the principal Order").

(2) The principal Order and this Order may be cited together as the Gilbert and Ellice Islands Colony (Entitled Officers) Orders 1971 and 1975.

(3) This Order shall come into operation on 15th April 1975.

Interpretation

2. The Interpretation Act 1889(b) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

Amendment of Principal Order

3. The principal Order shall have effect and be deemed always to have had effect as if—

(a) at the end of paragraph 1(4) of the Schedule the full stop was deleted, a semi-colon was substituted therefor and there were added the following words—

"and where an officer had served in the public service and was transferred to the public service of the British Solomon Islands or to the British Service of the...

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