Agricultural Marketing Act 1958

45 Extension by order of powers of boards to enable effect to be given to certain orders under Part III, etc. U.K.

(1) With a view to enabling effect to be given to an order under this Part of this Act regulating sales of an agricultural product, or to any arrangements made by persons producing an agricultural product in Great Britain as to the quantity of that product or of any description thereof which is to be produced or sold by them, the Minister may by order—

(a) modify any scheme in force by inserting therein any provision which the scheme might contain by virtue of any of the following provisions of section six of this Act, that is to say, paragraph (b) of subsection (2), sub-paragraph (i) of paragraph (c) of subsection (2), subsection (3) and subsection (5);

(b) empower the board administering any such scheme to require every producer of the regulated product, not being a registered producer, to furnish to the board his name and address and such information relating to the regulated product as the board, with the approval of the Minister, may determine:

Provided that—

(i)

no order under this section shall be made in relation to any scheme, other than a substitutional scheme, until the expiration of the suspensory period; and

(ii)

except with a view to enabling effect to be given to an order under this Part of this Act regulating sales of an agricultural product, no order under this section modifying a scheme or conferring any power on a board shall be made otherwise than at the request of the board.

(2) An order under this section may make such modifications in the scheme to which the order relates as appear to the Minister to be necessary to give effect to, or to be incidental to, or consequential on, the provisions of the order made in pursuance of paragraph (a) of the foregoing subsection, and such modifications may include a provision requiring the disciplinary committee of the board to impose on, and the board to recover from, any registered producer who contravenes any provision of the scheme which has effect by virtue of the provision of the order made in pursuance of the said paragraph (a) such monetary penalties as may be specified in the order, and may prescribe the manner in which those penalties may be recovered.

(3) Where by virtue of an order under this section a scheme requires the disciplinary committee of the board to impose on, and the board to recover from, any registered producer who contravenes any provision of the scheme inserted therein by an order made in pursuance of paragraph (a) of subsection (1) of this section such monetary penalties as may be specified in the order, then, for the purposes of subsection (4) of section nine of this Act, and of any provision of the scheme made in pursuance of the said subsection (4), the provision so inserted shall be deemed to be a provision made in pursuance of subsection (2) of section six of this Act.

(4) So much of any scheme as, in pursuance of an order under this section, requires the disciplinary committee to impose penalties on a registered producer and the board to recover penalties from such a producer shall not be construed as preventing the disciplinary committee, if they find that a contravention has occurred, from postponing the imposition of a penalty for such period, not exceeding twelve months, as may be specified in the scheme, but save as aforesaid nothing in this or the last foregoing subsection shall be construed as derogating from the duty to impose and recover penalties imposed by the scheme in pursuance of the said order.

(5) An order under this section shall make such modifications (if any) in the scheme to which the order relates as appear to the Minister to be necessary for securing that any provisions of the scheme relating to the right of a producer to refer to arbitration any matter arising between him and the board, and to the payment of compensation to registered producers, shall apply in relation to the order as they apply in relation to the scheme.

(6) If any producer from whom any information is demanded by a board in the exercise of their powers under the provisions of an order made in pursuance of paragraph (b) of subsection (1) of this section, fails to comply with the demand or knowingly makes any false statement in reply thereto, he shall, for each offence, be liable on summary conviction to imprisonment for a term not exceeding one month, or to a fine not exceeding [F1 level 3 on the standard scale] or to both such imprisonment and such fine.

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6