Office of Public Sector Information
This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
There are effects on this legislation that have not yet been applied to SLD for the following year: 2004. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.
An Act to make provision for assisting the production and marketing of horticultural produce.
[22nd March, 1960]
C1Act: power to transfer functions conferred (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5), 3, Sch.
I1Act partly in force at Royal Assent (s. 19 now repealed); Act wholly in force at 9.5.1960
C1Horticultural Marketing Council dissolved on 31st March 1963 by S.I. 1962/2393
F1Ss. 8(3)(4), 9—12, 16, 17(1), 19 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
(1)Where in the exercise of its functions [F1an organisation established in pursuance of section 15 of this Act (hereafter in this section and the following section referred to as a “relevant organisation”)] renders any service to any person it may make such charges in respect thereof as may be agreed between it and that person.
(2)[F2A relevant organisation] may borrow money and mortgage or charge any of its property . . . F3
Provided that the powers conferred by this subsection shall not be exercisable until a scheme under the said section eleven has been confirmed.
[F4(3)A relevant organisation may invest any of its surplus money which is not for the time being required for any other purpose in any investments in which trustees may invest under the general power of investment in section 3 of the Trustee Act 2000 (as restricted by sections 4 and 5 of that Act)]
F1Words substituted by Statute Law (Repeals) Act 1973 (c. 39), Sch. 2 para. 4(1)
F2Words substituted by Statute Law (Repeals) Act 1973 (c. 39), Sch. 2 para. 4(2)
F3Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
F4S. 13(3) substituted (1.2.2001) by 2000 c. 29, s. 40(1), Sch. 2 Pt. II para. 32 (with s. 35); S.I. 2001/49, art. 2
(1)As soon as may be after the end of each accounting period [F1a relevant organisation] shall prepare and submit to the Ministers a report on the discharge of its functions under this Act during that period, and the Ministers shall lay a copy of the report before each House of Parliament.
(2)[F1A relevant organisation] shall keep proper accounts and shall prepare in respect of each of its accounting periods statements of account in such form as the Ministers, with the approval of the Treasury, may direct; and the accounts of [F1a relevant organisation] for each accounting period shall be audited by auditors to be appointed by [F2the organisation].
[ F3(3)A person shall not be appointed auditor under subsection (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.]
(4)As soon as may be after the accounts of [F1a relevant organisation] have been audited, the auditors shall transmit to the Ministers copies of the statements of account together with their report thereon, and the Ministers shall lay a copy of the statements and report before each House of Parliament.
(5)Copies of reports and statements of account prepared by [F1a relevant organisation] under this section shall be made available to the public at a reasonable price.
(6)In this section “accounting period” means the period beginning with the establishment of [F2the relevant organisation in question] and ending with such date falling not more than twelve months later as [F2the organisation] may determine, or any subsequent period of not more than fifteen months, beginning with the end of a previous accounting period, which [F2the organisation] may appoint.
F1Words substituted by Statute Law (Repeals) Act 1973 (c. 39), Sch. 2 para. 4(2)
F2Words substituted by Statute Law (Repeals) Act 1973 (c. 39), Sch. 2 para. 4(3)
F3S. 14(3) substituted (1.10.1991) by S.I. 1991/1997, reg. 2 Sch. para.6 (with reg. 4)
(1)If it appears to the Ministers, after consultation with any bodies appearing to them to represent to any substantial extent the interests of producers generally or of any description of producers, that it is expedient for promoting sales of home-grown produce and in the national interest that they should exercise their powers under this subsection, the Ministers may by order establish an organisation which shall have the functions of—
(a)promoting, assisting or undertaking arrangements for stimulating the consumption, generally or by particular sections of the community, of the produce for which the organisation is established;
(b)undertaking the certification of that produce, the registration of certification trade-marks and the functions of proprietors of such marks; and
(c)promoting, assisting or undertaking research into the demand (whether actual or potential) for that produce;
and the order shall provide for the incorporation of the organisation by such name as may be specified in the order, with perpetual succession and a common seal [F1and power to hold land without licence in mortmain.]
(2)An order under the foregoing subsection shall provide for the appointment by the Ministers of the members of the organisation, and—
(a)the number of the members shall not be less than seven nor more than twenty;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 the members,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 shall be persons appointed after consultation with any bodies appearing to the Ministers to represent to any substantial extent the interests of producers of the produce for which the organisation is established;
and the Ministers shall from time to time designate a chairman and a deputy chairman.
(3)If, after such consultation as is mentioned in subsection (1) of this section, it appears to the Ministers that it is expedient that they should exercise their powers under that subsection as respects a particular description of home-grown produce only, the Ministers may make an order under that subsection confined to that description of produce.
(4)An order under subsection (1) of this section may be varied—
(a)if made by virtue of the foregoing subsection, so as to extend the description of produce as respects which the organisation is constituted;
(b)in any case, so as to exclude from the operation of the order any description of produce:
Provided that no variation shall be made in pursuance of paragraph (a) of this subsection except after consultation with any bodies appearing to the Ministers to represent to any substantial extent the interests of producers generally or of any description of producers, and no variation shall be made in pursuance of paragraph (b) thereof except after consultation with any bodies appearing to the Ministers to represent to any substantial extent the interests of producers of the produce as respects which the organisation is constituted.
(5)The power to vary conferred by the foregoing subsection shall be exercisable by order made by the Ministers, and any such order may contain such consequential provisions as may be requisite for the purposes of the order, including provision for changing the name or composition of the organisation to which the order relates.
[F3(6)An order under subsection (1) of this section shall provide for Part II of Schedule I to [F4the M1House of Commons Disqualifications Act 1975] (which specifies bodies of which the members are disqualified under that Act) to have effect in its application to the House of Commons of the Parliament of the United Kingdom with the insertion at the appropriate place in alphabetical order of the name of the organisation established by the order.]
(7)The provisions in that behalf of the First Schedule to this Act shall have effect in relation to any organisation established under this section and its members.
(8)Any power conferred by this section to make an order shall be exercisable by statutory instrument, and no such order shall be made unless a draft thereof has been laid before Parliament and approved by a resolution of each House of Parliament.
F1Words repealed (E.W.)(S.) by Charities Act 1960 (c. 58), Sch. 7 Pt. II
F2Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
F3S. 15(6) substituted by Statute Law (Repeals) Act (c. 39), Sch. 2 para. 4(4)
F4Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
C1S. 15(1)(b) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I 1994/2550, art. 2.
M11975 c. 25.
F1Ss. 8(3)(4), 9—12, 16, 17(1), 19 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
The consultation required before making an order under this subsection is with the Council and, if a scheme under section eleven of this Act has been confirmed, with any bodies appearing to the Ministers to represent to any substantial extent interests in respect of which members are appointed to the Council.
(2)If an organisation has been established under section fifteen of this Act, and after consultation with the organisation and with any bodies appearing to the Ministers to represent to any substantial extent the interests of the producers concerned, it appears to the Ministers expedient so to do, they may by order dissolve the organisation.
(3)The Ministers shall in an order under this section make such provision as appears to them requisite for—
(a)the winding up of the affairs of the . . . F2 organisation,
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 the imposition and recovery of charges for meeting the liabilities of the organisation and the expenses of the winding up, in so far as those liabilities and expenses cannot be met out of the assets of the organisation, and for the application of any surplus assets for purposes specified in the order, being purposes connected with the production, marketing and distribution of the produce for which the organisation stood established before the winding up.
(4)The power to make an order conferred by this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(5)So much of an order under this section as makes provision for the matters specified in subsection (3) of this section may be varied or revoked by a subsequent order of the Ministers under this section.
F1Ss. 8(3)(4), 9—12, 16, 17(1), 19 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
F2Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
F3S. 17(3)(b) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
In this Part of this Act:—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
“home-grown produce” means horticultural produce grown in Great Britain;
“horticultural produce” means fresh fruit, not including nuts or dates, fresh vegetables, including fresh fungi, fresh herbs, cut flowers, pot plants and decorative foliage;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
“producers” means producers for sale of home-grown produce.
F1Definition repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
F1Ss. 8(3)(4), 9—12, 16, 17(1), 19 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII
Horticulture Act 1960