Restrictive Trade Practices Act 1976 (repealed 1.3.2000)

33 Agricultural and forestry associations, and fisheries associations. U.K.

(1) Subject to the provisions of this section, this Act does not apply to an agreement between members of an association to which this section applies, or between such an association and any other person, whether a member of the association or not, by reason only of any restriction accepted or treated as accepted, or any information provision made or treated as made, by the association, or by members of the association or of any constituent association, for the purposes of or in connection with—

(a) the marketing or preparation for market by the association of produce produced by members of the association on land occupied by them and used for agriculture or forestry (with or without similar produce not so produced); or

(b) the marketing or preparation for market by the association of fish or shellfish caught or taken by members of the association in the course of their business (with or without fish or shellfish not so caught or taken); or

(c) the supply by the association to the members of goods required for the production of that produce on that land, or for the catching or taking of fish or shellfish in the course of that business, as the case may be; or

(d) the production of produce or the catching or taking of fish or shellfish, as the case may be, by members of the association; or

(e) the supply of produce, or the supply of fish or shellfish, as the case may be, by members of the association;

and in determining whether any such agreement is an agreement to which this Act applies, no account shall be taken of any such restriction or information provision.

(2) This section applies—

(a) to any association in the case of which the conditions specified in subsection (3) below are satisfied where the association is—

(i) of persons occupying land used for agriculture or forestry or both;

(ii) of persons engaged in the business of catching or taking fish or shellfish;

(b) to any association of the associations referred to in paragraph (a) above which—

(i) satisfies the condition specified in paragraph (a) of subsection (3) below; and

(ii) would satisfy the condition specified in paragraph (c) of subsection (3) if references in that paragraph to members of the association included references to members of constituent associations;

(c) to any co-operative association (whether or not the conditions specified in paragraphs (a) to (c) of subsection (3) are satisfied) which has as its object or primary object to assist its members—

(i) in the carrying on of the businesses of agriculture or forestry or both on land occupied by them; or

(ii) in the carrying on of businesses consisting in the catching or taking of fish or shellfish.

(3) The conditions referred to in subsection (2) above are that—

(a) the association is or is deemed to be registered under the Industrial and Provident Societies Acts 1965 to 1975 or, being a company within the meaning of the [F1 Companies Act 1985], contains in its memorandum or articles of association such provisions as may be prescribed by order of the Ministers with respect to the number of members, numbers of shares held by members, distribution of profits, voting rights or other matters;

(b) at least 90 per cent of the voting power is attached to shares held by persons occupying land used for agriculture or forestry or both, or by persons engaged in the business of catching or taking fish or shellfish, as the case may be; and

(c) the only business, or the principal business, carried on by the association is one or more of the following—

(i) the marketing or preparation for market of produce produced by members of the association on land occupied by them and used for agriculture or forestry or both (with or without similar produce not so produced);

(ii) the marketing or preparation for market of fish or shellfish caught or taken by members of the association in the course of their business (with or without fish or shellfish not so caught or taken);

(iii) the supply to the members of goods required for the production of that produce on that land, or for the catching or taking of fish or shellfish in the course of that business, as the case may be;

(iv) in the case of an association of persons occupying land for forestry, the carrying out of forestry operations for the members on that land.

References in this subsection to the Industrial and Provident Societies Acts 1965 to 1975, and the [F1 Companies Act 1985], include references respectively to the M1 Industrial and Provident Societies Act (Northern Ireland) 1969 and the [F2 Companies (Northern Ireland) Order 1986].

(4) The Ministers may by order made by statutory instrument direct that the exemption provided by subsection (1) shall not apply—

(a) in relation to agreements of such classes as may be prescribed by the order; or

(b) in relation to agreements, or agreements of any class, made by associations of such classes as may be so prescribed;

and any such order may apply to agreements made before as well as after the coming into force of the order.

(5) In this section—

• “agriculture” has the meaning given by the M2 Agriculture Act 1947 and the M3 Agriculture (Scotland) Act 1948;

• “co-operative association” has the meaning given by section 340(8) and (9) of the M4 Income and Corporation Taxes Act 1970, and references to members of a co-operative association include references to members of any such association which is a member of that association;

• “forestry” includes the processing of wood for sale, but not the manufacture of articles of wood;

• “the Ministers” means—

  (a)

  the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland, acting jointly; but

  (b)

  in the case of functions exercisable in relation to associations falling within paragraph (c) of subsection (2) above and concerned only with forestry in Wales “Secretary of State” shall be substituted for “Minister of Agriculture, Fisheries and Food”;

• “produce” means anything (whether live or dead) produced in the course of agriculture or forestry.

(6) Without prejudice to the responsibilities of the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland, the discharge of any functions as functions exercisable by virtue of subsection (5) above by the Secretary of State shall belong to the Secretary of State for Wales; but nothing in this subsection shall be taken—

(a) to prejudice any powers exercisable in relation to the functions of Ministers of the Crown and government departments by virtue of Her Majesty’s prerogative, or

(b) to affect the power of any Secretary of State to perform any functions of that office in place of the Secretary of State entrusted with the discharge of those functions.

Textual Amendments

F1 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F2 Words substituted by S.I. 1986/1035 (N.I. 9), Sch. 1 Pt. II

Modifications etc. (not altering text)

C1 Functions exercisable jointly by Minister of Agriculture, Fisheries and Food and Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland under s. 33 now exercisable (W.) by those Ministers and Secretary of State for Wales jointly: S.I. 1978/272, art. 2(3), Sch. 1

Marginal Citations

M1 1969 c. 24 (N.I.)

M2 1947 c. 48.

M3 1948 c. 45.

M4 1970 c. 10.