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The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by section 38(2), (3), (4) and (6), and 62(1) and (2) of the Agriculture Act 1993[1], hereby make the following Regulations: Title, extent and commencement 1. These Regulations may be cited as the Potato Marketing Board (Residuary Functions) Regulations 1997, shall apply in Great Britain and shall come into force on 30th June 1997. Interpretation 2. In these Regulations -
Effect of provisions of the Scheme as preserved, inserted or continuing in force
(b) are inserted by virtue of these Regulations, or (c) by virtue of section 37 of the Act continue in force subject to the provisions of these Regulations,
shall in aggregate have effect as set out in the Schedule to these Regulations.
(b) that that member has been adjudged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors, or (c) that that member is unable or unfit to discharge the functions of a member, or (d) that that member has not complied with the terms of his appointment,
the Ministers may by notice to him remove him from office with effect from such time as is specified in the notice.
(b) delegate to that person any of their functions,
for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions.
(b) an independent member -
(ii) who has been qualified as such for not less than seven years, and (iii) who is not and never has been a member of the Board, and (iv) whose appointment is approved by the Ministers.
(3) The independent member shall act as chairman of the Disciplinary Committee.
(b) circulate that report and accounts to all producers who were registered with the Board on 30th June 1997.
(3) The Board shall pay to the Council the monies referred to in paragraph (1) of this regulation.
(b) any liability which by virtue of any rule of law or equity would otherwise attach to him,
by reason of, or in connection with, any act done, concurred in or omitted in or about the execution of his duty in relation to the affairs of the Board.
(b) dealt with the annual report and accounts for the financial year ending 30th June 1997, as specified in paragraph 13(2) of these regulations,
then the Board shall pay any remaining monies it holds to the Council. PENALTIES AND PROCEDURES OF THE DISCIPLINARY COMMITTEE (Paragraph 83) 1. - (1) If any producer formerly registered with the Board has failed without reasonable excuse to comply with any demand or requirement made by the Board in pursuance of paragraph 81 of the Scheme or if he without reasonable excuse has made any false statement in complying therewith or in furnishing to the Board any information relating to potatoes which may have been required by the Board for the purposes of paragraph 84 of the Scheme or if he has obstructed or interfered with any person duly authorised by the Board under paragraph 82(1) of the Scheme the Disciplinary Committee referred to in regulation 8 of these regulations (hereinafter called the Disciplinary Committee) shall impose upon him and shall recover from him such monetary penalty not exceeding £2,000 as that Committee think just. (2) No such penalty shall be imposed in respect of any such contravention as aforesaid which constitutes an offence under any Act other than the Agricultural Marketing Act 1958. (3) No penalty shall be imposed upon a Producer pursuant to this paragraph except after a hearing by the Disciplinary Committee and by the decision thereof taken in accordance with the opinion of the majority of the members thereof, so however that if there is an equal division of opinion on any question, the opinion of the Chairman shall prevail. At any such hearing the Producer shall be entitled to appear and be heard in person or by Counsel or solicitor or by any other person authorised by him. (4) Notice of the time and place of every such hearing and a written statement of the charges against the Producer shall be served personally or by registered post on that Producer not later than the 14th day before the date of the hearing. (5) No penalty shall be imposed for any such contravention which occurred more than 6 years before the service of the said written statement of charge. (6) When a written statement of charge against a Producer has been sent to or served on him as aforesaid and the charge is withdrawn or not substantiated before the Disciplinary Committee, the Board shall have the power and to such extent as the Disciplinary Committee may decide the duty to make payments to the Producer in respect of his costs in connection with the charge. (7) As soon as may be after every hearing by the Disciplinary Committee, written notice of their decision shall be sent to the Producer in question and he may on or before the 14th day after the date on which the notice was sent to him give notice to the Board referring the matter to arbitration and if the matter is so referred, no proceedings shall be taken by the Board otherwise than for the purposes of the arbitration or to enforce the award of the Arbitrator; and the Arbitrator may award payment by the Producer of such penalty or other sums (if any) as he thinks just but not exceeding the maximum penalty or other sums respectively which could have been imposed or required by the Disciplinary Committee. (8) Where a decision has not been referred to arbitration under paragraph 1(7) above, or where a decision has been so referred but the reference has been withdrawn, the Disciplinary Committee shall have the power to reconsider and if need be vary that decision (but not so as to increase the amount of any penalty or other sum required to be paid to the Board). An application for reconsideration may be made to the Disciplinary Committee by the Producer concerned or by the Board within two months after the date on which notice of the decision of the Disciplinary Committee was sent to the Producer, on the ground that: -
(b) if such facts had previously been known to the Disciplinary Committee, their decision might have been influenced thereby.
(9) If pursuant to an application under the foregoing sub-paragraph the Disciplinary Committee (or a person appointed to act as Chairman of the Disciplinary Committee) determines that a decision should be reconsidered, it shall be the duty of the Disciplinary Committee to review the matter in the light of the facts then available to them. Upon any such review the Disciplinary Committee shall not be bound to rehear the case unless the application for reconsideration is made by the Board, or, in the case of an application by the Producer, unless a request for a rehearing is made by him in writing either at the time of the application or on or before the seventh day after the date on which the Board sent him notice calling attention to his right to make such request. The Board shall send notice accordingly by registered post to any Producer who makes an application for reconsideration but who does not indicate whether or not he requests a rehearing. Where the Disciplinary Committee are bound to rehear the case (but not otherwise) the provisions of paragraphs 1(3) and 1(4) of this Schedule shall apply. If the Disciplinary Committee vary the previous decision, the Board shall thereupon give effect to the variation. Notice of the variation shall be sent to the Producer concerned and paragraph 1(7) of this Schedule shall apply as it applies to a previous decision.
ARBITRATION (Paragraph 90) (This note is not part of the Regulations) In accordance with the Agriculture Act 1993 ("the Act") the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales have granted an application by the Potato Marketing Board ("the Board") for the approval of a scheme providing for the transfer of its property, rights and liabilities under section 27 of the Act on 30th June 1997. As a result of the transfer, section 26 of the Act provides that the Potato Marketing Scheme 1955, which constituted the Board, is also revoked with effect from 1st July 1997 although, under section 37 of the Act, the Board shall not be deemed to be dissolved by reason of the revocation but shall continue to exist in residuary form and so much of the potato marketing scheme as relates to the winding up of the Board shall continue in force, subject to Regulations which may be made under section 38 of the Act. These Regulations, which come into force on 30th June 1997, make provision for the purpose of giving effect to so much of the approved scheme as relates to the Board in the period after the transfer and make provision in relation to the constitution of the Board and for the purpose of enabling the Board to wind up its affairs. In accordance with that section the Regulations provide for certain provisions of the potato marketing scheme to continue to have effect, subject to certain modifications, and contain new provisions. Notes: [1] 1993 c. 37; section 49(2) contains a definition of "the Ministers".back [2] S.I. 1955/690 amended by S.I. 1962/883, 1971/711, 1976/133, 1985/312, 1987/282, 1990/1626 and 1994/2404, and by section 64 of, and Schedule 5 to, the Agriculture Act 1993 (c. 37).back [4] Approved by the Potato Marketing Scheme (Approval) Order (S.I. 1955/690) amended by S.I. 1962/883, 1971/711, 1976/133, 1985/312, 1987/282, 1990/1626 and 1994/2404, and by section 64 of, and Schedule 5 to, the Agriculture Act 1993 (c. 37).back
ISBN 0 11064595 2
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