Potato Marketing Scheme (Amendment) Order 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/883 |
1962 No. 883
AGRICULTURE
The Potato Marketing Scheme (Amendment) Order 196227thApril 1962
Whereas the Potato Marketing Board duly submitted to the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with agriculture in Scotland (hereinafter called "the Ministers") certain amendments of the Potato Marketing Scheme 1955(a) which amendments, as subsequently modified by the Ministers, are set forth in the Schedule hereto:
And Whereas the Ministers laid before each House of Parliament the amendments numbered 1 to 3 in the said Schedule and the House of Commons resolved on the 18th April 1962 and the House of Lords resolved on the 9th April 1962 that they should be approved:
And Whereas the Ministers were not required to lay before Parliament the amendments numbered 4 to 31 set forth in the Schedule hereto:
Now, therefore, the Ministers, in pursuance of section 2 of the Agricultural Marketing Act 1958(b) and the First Schedule to that Act, hereby make the following order:—
1. This order may be cited as the Potato Marketing Scheme (Amendment) Order 1962.
2. The amendments of the Potato Marketing Scheme 1955 which are set forth in the Schedule hereto are hereby approved and shall come into force on the 1st May 1962.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 26th day of April 1962.
Christopher Soames, Minister of Agriculture, Fisheries and Food.
(L.S.)
Given under the Seal of the Secretary of State for Scotland this 27th day of April 1962.
John S. Maclay, Secretary of State for Scotland.
(L.S.)
(a) S.I. 1955/690 (1955 I, p. 148).
(b) 6 & 7 Eliz. 2. c. 47.
THE SCHEDULE
The Potato Marketing Scheme 1955 shall be amended as follows:—
1. By adding after sub-paragraph (2) of paragraph 69 thereof a new sub-paragraph as follows—
"(3) Any exemption under either of the foregoing sub-paragraphs shall be subject to such conditions as the Board may from time to time prescribe, including, without prejudice to the generality of the foregoing, conditions as to the marking of potatoes, the obtaining of declarations from buyers, the making of records, the keeping of such records and declarations for a reasonable time and the production of them to the Board, and the rendering to the Board of returns and information."
2. By inserting in sub-paragraph (1) (a) of paragraph 83 after the word "therewith," the words—
"or in furnishing to the Board any information relating to potatoes which may be required by the Board for the purposes of paragraph 84 of this Scheme,"
3. By substituting for paragraph 84 thereof the following paragraph—
"84.—(1) Subject to the provisions of this paragraph, the Board may from time to time by prescriptive resolution require every registered producer to contribute to the fund such sums as the Board may determine to be necessary for the operation of this Scheme.
(2) The Board shall not require any registered producer to contribute in respect of any calendar year sums which exceed the aggregate of:
(a) an ordinary contribution at the rate of £3 per acre, and proportionately for each quarter of an acre, (or such greater rate as may be approved on a poll in accordance with sub-paragraph (3) of this paragraph), of the acreage of potatoes planted in that calendar year on land in his occupation at noon on such day in the month of May or June in that year as the Board prescribe, and
(b) an excess acreage contribution at the rate of £25 per acre, and proportionately for each quarter of an acre, of the excess acreage in the case of a producer who, if the year is a quota year, has exceeded his quota acreage in that year.
(3) The maximum rate of ordinary contribution may be increased from £3 per acre to such greater rate as may be approved on a poll of registered producers the result of which shows that there have voted in favour of such greater rate (a) not less than two-thirds of the registered producers voting on the poll, and (b) registered producers who are capable of producing not less than two-thirds of the quantity of potatoes which all the registered producers voting on the poll are capable of producing. Part IV of this Scheme shall apply to any poll held for the purposes of this provision as it applies to a poll held in connection with a proposal for the amendment or revocation of this Scheme, except that paragraph 49 shall not apply and that the number of registered producers to be shown in the certificate provided for in sub-paragraph (2) of paragraph 51 shall be the number of registered producers who voted in favour of the greater rate and against it respectively. Such certificate and any copy thereof purporting to be certified in writing by the Chairman or Vice-Chairman or Secretary of the Board to be a true copy shall be conclusive evidence of the result of the poll and that the poll was duly held.
(4) Where, as respects all or a specified part of the acreage applicable in the case of any registered producer for the purposes of ordinary contribution in respect of any calendar year, the registered producer satisfies the Board by such date and in such manner as the Board may require that on or before the relevant date the potatoes planted thereon had been lifted, then the rate of ordinary contribution in respect of that acreage shall be reduced by such proportion as the Board may prescribe of the rate per acre which would otherwise apply.
In this sub-paragraph, the expression "the relevant date" means such date as the Board prescribe for the year in question.
(5) For the purposes of this paragraph:
(a) the Board shall not later than the 31st August in every calendar year prescribe whether or not the next ensuing calendar year is...
To continue reading
Request your trial