Agriculture Act 1970

16 Levy by scheme

(1) The Authority may prepare and submit to the Ministers a scheme for imposing in such circumstances and subject to such exemptions, and for recovering in such manner otherwise than in accordance with section 15 of this Act, as may be specified in the scheme a levy for the purposes of this Part of this Act on such persons as may be so specified, being persons engaged in the production, marketing or distribution of eggs, in the hatching or rearing of domestic fowls, in the bringing (otherwise than only as carriers) of live domestic fowls into Great Britain or Northern Ireland from outside those areas, or in the distribution within those areas of live domestic fowls so brought.

(2) So far as is necessary for determining the liability of persons to any levy which is to be imposed for an accounting period in accordance with a scheme under this section, such a scheme may confer on the Authority power as from such date as may be specified in the scheme, which may be a date before the beginning of that accounting period, to require persons engaged as aforesaid of such descriptions as may be so specified—

(a) to be registered in a register kept for the purpose by the Authority;

(b) to furnish returns and other information, and to produce for examination on behalf of the Authority books and other documents in their custody or under their control;

(c) to keep records and to produce them for examination on behalf of the Authority;

(d) to permit authorised officers to enter at all reasonable times upon any land or premises used by way of business for the production, marketing or distribution of eggs or the hatching or rearing of domestic fowls and to inspect any eggs or domestic fowls found on those premises.

(3) A scheme under this section which provides for imposing a levy on a person engaged in the hatching or rearing of domestic fowls for resale, on a person engaged in bringing live domestic fowls as mentioned in subsection (1) of this section for resale or in the distribution for resale of live domestic fowls so brought, or on a person purchasing eggs for resale from a producer, may make provision for enabling any such person—

(a) to recover the amount of the levy imposed on him from the person to whom he sells any of the domestic fowls so hatched, reared, brought or distributed by him, or from whom he purchases the eggs, as the case may be;

(b) to deduct from the amount otherwise payable by him by way of the levy, or to be otherwise reimbursed by the Authority, a sum calculated in such manner as the Authority may determine in respect of any expenses incurred by him in so recovering that amount.

(4) Any scheme under this section may be varied or revoked by a subsequent scheme thereunder.

(5) A scheme under this section shall not have effect unless it is approved by the Ministers by order; and any such order may approve the scheme with or without modifications, and may he revoked by a subsequent order whether the subsequent order is made for the purpose of approving another scheme under this section or not; and an order under this subsection shall be of no effect unless it is approved by a resolution of each House of Parliament.

(6) Any person who fails to comply with a requirement imposed by or under a scheme by virtue of subsection (2) of this section shall be liable on summary conviction to a fine not exceeding £100 ; and any person who—

(a) in furnishing any information for the purposes of a scheme under this section, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular; or

(b) wilfully makes a false entry in any document which is required to be produced in pursuance of any such scheme,

shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.

(7) Where for any accounting period a levy is, by virtue of section 14 of this Act, to be imposed in accordance with this subsection, a levy for that accounting period shall be imposed at the rate specified in the order for that accounting period made under subsection (2)(b), and in accordance with any provisions contained in that order by virtue of subsection (6), of section 13 of this Act on the persons made liable to that levy by, and in accordance with the provisions of, any scheme for the time being in force under this section.

(8) If the Ministry of Agriculture for Northern Ireland discharge on behalf of the Authority any functions of the Authority in connection with a levy under this section, the Ministry may deduct from any amount collected by the Ministry by way of the levy, or shall otherwise be reimbursed by the Authority for, any expenditure incurred by the Ministry in discharging those functions.

(9) Where a scheme under this section makes provision for imposing a levy on persons engaged in bringing live domestic fowls as mentioned in subsection (1) of this section, then, if the Authority so request at any time and the Commissioners of Customs and Excise are satisfied that the Authority require the information for the purpose of determining whether or not a person is liable to pay an amount by way of the levy and that the Authority will not use the information for any other purpose, the Commissioners may supply the Authority with such information in relation to any live poultry (that is to say, fowls, ducks, geese, turkeys and guinea fowls) imported into Great Britain or Northern Ireland as may be requested by the Authority.