Potato Marketing Scheme (Approval) Order, 1955
| Jurisdiction | UK Non-devolved |
| Citation | SI 1955/690 |
| Year | 1955 |
1955 No. 690
The Potato Marketing Scheme (Approval) Order, 19555thMay 1955
Whereas the Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland laid before each House of Parliament a draft of a Scheme, as set forth in the Schedule hereto, under the Agricultural Marketing Acts, 1931 to 1949(a), for regulating the marketing of potatoes produced in Great Britain:
And Whereas the House of Commons resolved on the third day of May, 1955, and the House of Lords resolved on the fourth day of May, 1955, that the said Scheme should be approved.
Now, therefore, the Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland, in pursuance of sub-section (8) of Section 1 and sub-section (2) of Section 18 of the Agricultural Marketing Act, 1931(b), hereby make the following Order:—
1. This Order may be cited as the Potato Marketing Scheme (Approval) Order, 1955.
2. The said Scheme, which is hereby declared to be a substitutional scheme, is approved in the terms of the said draft.
3. The said Scheme shall come into force on the tenth day of May, 1955.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this fifth day of May, 1955.
D. Heathcoat Amory, Minister of Agriculture, Fisheries and Food.
(L.S.)
Given under the Seal of the Secretary of State for Scotland this fifth day of May, 1955.
James Stuart, Secretary of State for Scotland.
(L.S.)
SCHEDULE
SCHEME UNDER THE AGRICULTURAL MARKETING ACTS, 1931 TO 1949, REGULATING THE MARKETING OF POTATOES
PART I
PRELIMINARY AND DEFINITIONS
1. This Scheme (a) may be cited as the Potato Marketing Scheme, 1955, and applies to Great Britain, and (b) is in substitution for the Potato Marketing Scheme, 1933(c) (hereinafter called "the old Scheme") which is hereby revoked.
2. The regulated product to which this Scheme shall apply is potatoes produced in Great Britain and includes potatoes in course of production.
(a) 21 & 22 Geo. 5. c. 42: 23 & 24 Geo. 5. c. 31; 24 & 25 Geo. 5. c. 1; 12, 13 & 14 Geo. 6. c. 38.
(c) S.R. & O. 1933/1186 (Rev. I, p. 349: 1933, p. 88)
3. In this Scheme, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
"The Act" means the Agricultural Marketing Act, 1931, as amended by any subsequent Act;
"The Board" means the Potato Marketing Board constituted by this Scheme;
"Description" in relation to potatoes includes a description by reference to the area, district, locality or place of production of such potatoes;
"Direct sales" has the meaning ascribed to it in paragraph 75 of this Scheme;
"District" means a district constituted in accordance with Schedule A of this Scheme;
"The first retirement date" has the meaning ascribed to it in paragraph 8 (2) of this Scheme;
"Minister" means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland, acting in conjunction;
"The old Board" means the Board which administered the old Scheme;
"Potato acreage" means at any time, in relation to any producer—
(a) the largest number of acres of the land then in his occupation which that producer or a previous occupier of that land has or has had under potatoes at any one time during the calendar year then current; or
(b) if, during the calendar year then current, no potatoes have been planted on the land then in his occupation, the largest number of acres of that land which that producer or a previous occupier had under potatoes at any one time during the preceding calendar year;
"Potatoes" means potatoes produced or in course of production in Great Britain for any purpose;
"Prescription" means a determination of the Board made by means of a prescriptive resolution, and "prescribe" shall be construed accordingly;
"Prescriptive resolution" means a resolution of the Board which is recorded in the record provided for by paragraph 91 of this Scheme;
"Producer" means a producer of potatoes;
"Registered" means registered under this Scheme and "registration" shall be construed accordingly;
"Retailer" means a person whose ordinary business as to potatoes is to sell them wholly or mainly to persons who buy for domestic consumption without further re-sale;
"Secretary" includes any person for the time being authorised by the Board to act as secretary;
"Standard number of votes" has the meaning ascribed to it in paragraph 14 (3) of this Scheme.
4. The Interpretation Act, 1889(a), shall apply for the interpretation of this Scheme as it applies for the interpretation of an Act of Parliament.
(a) 52 & 53 Vict. c. 63.
5.—(1) In any case in which under this Scheme any right or liability depends on the number of acres of land on which any producer has or has had potatoes, or which any producer has or has had under cultivation for potatoes, headlands not planted shall be included and if the area of the land as thus computed amounts to part of an acre or to one or more acres and a part of an acre, then in either of such cases the said part shall, except for the purposes of paragraph 39 of this Scheme, be deemed to be one acre.
(2) Where, under the terms of any arrangement between two registered producers, land in the occupation of one of them is for the time being used for the production of potatoes by or on behalf of the other, that land shall, for all the purposes of this Scheme, be deemed to be in the occupation of the last-mentioned producer and not of the first-mentioned producer if, but only if, notice (in such form as the Board shall from time to time prescribe for the purpose) signed by both those producers is received by the Board and then only from the date of receipt of such notice (or from the date specified in such notice as the date when the use of the land under the arrangement is to commence, whichever of those two dates is the later) until the end of the calendar year during which the notice is received or the use of the land is to commence as the case may require.
6. Any requirement of this Scheme (other than those contained in paragraphs 70 and 83) that a document shall be sent to, or served on, a person by the Board or by a returning officer shall be deemed to have been complied with if, within the period (if any) limited for the sending or service of the document, the document is despatched to him at his proper address by post, and with the postage prepaid.
For the purpose of this paragraph the proper address of a registered producer shall be his address as the same appears in the register of producers.
PART II
THE BOARD AND COMMITTEES
The Board
7. There shall be constituted a Board, to be called the Potato Marketing Board, to administer this Scheme. The Board shall be a body corporate with a common seal and power to hold land without licence in mortmain.
8.—(1) Until the first retirement date as hereinafter defined, the Board shall consist of the following persons, that is to say:—
William Adams, Ardneil Farm, Portencross, West Kilbride, Ayrshire.
Alexander Ross Archie, South Leckaway, Forfarshire.
William Ernest Aspinwall, Cardene, 304, Liverpool Road South, Burscough. Ormskirk, Lancashire.
John McDonald Barr, 15, Duntrune Terrace, Broughty Ferry, Angus.
Archibald Dryburgh, O.B.E. Methilhill House, By Leven, Fifeshire.
William Talbot Edmonds, Allington Farm, London Road, Maidstone, Kent.
William Francis Foden, Whitemoor Haye, Fradley, Lichfield, Staffordshire.
William Hope MacGillivray Gill, Rosskeen, Invergordon, Ross-shire.
Ernest John Goodley, Aylmer Hall, Tilney St. Lawrence, King's Lynn, Norfolk.
William Hemmant, J.P., 247, Park Road, Peterborough, Northamptonshire.
John Hough, New Brook Farm, Dutton, Preston Brook, near Warrington, Cheshire.
Charles Thomas Lee, The Mount, Castlethorpe, Brigg, Lincolnshire.
Harry Litherland, M.B.E., Smithfield Market, Manchester, Lancashire.
John Marshall, Dalreoch, Dunning, Perthshire.
Thomas Denzil Matkin, M.B.E., 8-15, Russell Chambers, Covent Garden, London, W.C.2.
Charles Samuel Robert Overton, Ivy House Farm, Wainfleet, Lincolnshire.
William Rees Owen, Elmfield, Roch, Haverfordwest, Pembrokeshire.
John Edward Piccaver, Norfolk House Farm, Gedney Marsh, Spalding, Lincolnshire.
Thomas Raymond Pick, The Chestnuts, Deeping St. Nicholas, Spalding, Lincolnshire.
John Ramsden, J.P., Myton Grange, Helperby, Yorkshire.
James Edwin Rennie, Greendykes, Macmerry, East Lothian.
Harry Rochford, Dene House, Binley, St. Marybourne, Andover, Hampshire.
James Melville Scoble, Langarth, Threemilestone, Truro, Cornwall.
Joseph Shaw, Stone Cellars Farm, Usworth, Washington, County Durham.
John Reginald Tinney, M.B.E., Church End Farm, Rickling, Saffron Walden, Essex.
Gwilym Tecwyn Williams, Longford Grange, Newport, Shropshire.
Henry Scholey Wood, J.P., Ashfield House, East Cowick, Goole, Yorkshire.
Alfred Godfrey Wright, 56, Storey's Way, Cambridge.
and four persons appointed by the Minister in accordance with Section 1 (1) of the Agricultural Marketing Act, 1949.
(2) The first retirement date shall be such date within 60 days after this Scheme comes into force as the Board shall fix.
9. Subject to the next following paragraph and to the provisions of this Scheme as to the filling of casual vacancies, the Board shall consist, after the first retirement date, of twenty-five district members, one special member for Scotland and three special members for England and Wales, all of whom shall be elected as hereinafter provided, and four persons appointed by the Minister in accordance with Section 1 (1) of the Agricultural Marketing Act, 1949(a).
10. For the purposes of this Scheme there shall be thirteen districts constituted in accordance with Schedule A of this Scheme, and each district shall, subject to the provisions of this Scheme, elect a district member or members as therein specified:
Provided that, if at any time the Board are of opinion that the average total acreage of land under...
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