Statutory Instrument 1997 No. 2092 (S.149)

The Scottish Seed Potato Development Council (Dissolution) Order 1997

---

© Crown Copyright 1997

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Scottish Seed Potato Development Council (Dissolution) Order 1997 , ISBN 0 11 055662 3. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the principal Order" means the Scottish Seed Potato Development Council Order 1981[3].

Winding up of the Council
     3.  - (1) On the day on which this Order comes into force (hereinafter referred to as "the dissolution date"), the property, rights and liabilities which immediately before that date were property, rights and liabilities of the Council shall, by virtue of this article, vest in the Secretary of State and the Council shall be dissolved.

    (2) Any legal proceedings to which the Council are a party immediately before the dissolution of the Council may be continued after the dissolution by or in relation to the Secretary of State.

Final accounts of the Council
     4.  - (1) The accounts of the Council shall be prepared for the period commencing on 1st January 1996 and terminating on 30th April 1997, which shall be the Council's last financial year and shall be delivered to the Secretary of State not later than the dissolution date.

    (2) Special liquidation accounts, in such form as the Secretary of State may direct, relating to the financial transactions of the Council between 30th April 1997 and the dissolution date shall be prepared separately by the Council and delivered to the Secretary of State on the dissolution date.

Power to impose and recover charges
     5.  - (1) If the assets of the Council are insufficient to meet their liabilities and the expenses of the winding up, the Secretary of State shall have power for the purpose of making good the deficiencies to impose a charge or charges on each person upon whom a charge may be imposed in the crop year 1996 under article 6(1) of the principal Order computed according to the area of any crop of potatoes for which that person held a certificate issued in accordance with Schedule 1 to the Seed Potatoes Regulations 1991[4] in that crop year.

    (2) The provisions of article 6 of the principal Order shall apply in relation to any such charge, subject to the following modifications:-

(a) the omission of paragraphs (1) and (2); and

(b) the substitution in paragraph (3) for the reference to paragraph (1) of that article to paragraph (1) of this article;

(c) the substitution for references to the Council of references to the Secretary of State.

    (3) Charges imposed under paragraph (1) of this article shall be computed to yield, as near as possible, a total amount equal to the amount by which the liabilities of the Council and the expenses of the winding up exceed the assets of the Council.

Surplus monies and property
     6. The Secretary of State after the Council's dissolution shall have the power to pay or give, as the case may be, any monies or property which he is satisfied are not, and will not be, required for the purposes of meeting the liabilities of the Council and the expenses of the winding up to a development council for the industry and related industries or for other purposes being purposes falling within Schedule 1 to the principal Order.

Settlement of the Council's debts and liabilities
     7.  - (1) Subject to paragraph (2) below, every creditor of the Council shall notify the Secretary of State of each of his debts or claims against the Council within three months of the dissolution date and shall give the Secretary of State such further information relating thereto as he may reasonably require.

    (2) Paragraph (1) above shall not apply to any debt or claim which is the subject of any legal proceedings which have been commenced against the Council prior to the dissolution date.

    (3) Every creditor shall state in the notification to the Secretary of State in accordance with paragraph (1) above the amount of the debt or claim or, where the debt or claim is subject to a contingency or sounds in damages or bears no specific value, shall include in it as far as possible a just estimate of the debt or claim.

    (4) The Secretary of State may admit or reject each debt or claim notified to him in accordance with paragraph (1) above and shall notify the creditor in writing whether he admits it or rejects it in whole or in part and, if he rejects it, shall state in the notification the grounds of the rejection.

Limitation of actions
     8. No action or other legal proceedings against the Secretary of State shall be commenced in respect of any debt due by or claim against the Council or any part thereof on or after the date on which this Order comes into force unless-

(a) that debt or claim has been notified to the Secretary of State in accordance with the provisions of article 7;

(b) that debt or claim or that part has been rejected by the Secretary of State; and

(c) not more than two months have elapsed since the Secretary of State notified the creditor of the grounds of the rejection.

Revocations
     9. The Scottish Seed Potato Development Council Order 1981 and the Scottish Seed Potato Development Council (Amendment) Order 1991[5] are hereby revoked.


Sewel
Parliamentary Under Secretary of State Scottish Office

St Andrew's House, Edinburgh
21st August 1997

[2] See S.I. 1971/719, Schedule, paragraph 3.back

[3] S.I. 1981/1767, amended by S.I. 1991/2828.back

[4] S.I. 1991/2206, to which there are amendments not relevant to these Regulations.back

[5] S.I. 1991/2828.back