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The Agricultural Marketing (Northern Ireland) Order 1982, Section 22 is up to date with all changes known to be in force on or before 16 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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22 .F1—(1) On receiving the report of a committee of investigation appointed under Article 21 the Department shall forthwith publish the conclusions of the committee in such manner as it thinks fit.
(2) For the purpose of enabling any committee appointed under Article 21 to consider any[F2 matter], the board administering the scheme to which the[F2 matter] relates shall furnish the committee with such accounts and other information relating to the affairs of the board as the committee may reasonably require, and shall be entitled to make representations to the committee with respect to the matter in such manner as may be prescribed by regulations made under Article 21 (5).
(3) If a committee of investigation reports to the Department that any provision of a scheme or any act or omission of a board administering a scheme—
(a)is contrary to the interests of consumers of the regulated product, or
(b)is contrary to the interests of any persons affected by the scheme and is not in the public interest,
the Department, if it thinks fit to do so after considering the report—
(i)may by order make such amendments in the scheme as it considers necessary or expedient for the purpose of rectifying the matter;
(ii)may by the order revoke the scheme;
(iii)in the event of the matter being one which it is within the power of the board to rectify, may by order direct the board to take such steps to rectify the matter as may be specified in the order, and thereupon it shall be the duty of the board forthwith to comply with the order;
but before taking any action under this paragraph the Department shall give the board of notice of the action which it proposes to take and shall consider any representations made by the board within 28 days after the date of the notice.
(4) The Department may at any time, after consultation with the board concerned, by order revoke or vary any order in force under paragraph (3)(iii) so as either—
(a)to withdraw the whole or any part of the directions in force thereunder;or
(b)to vary or add to those directions in any manner which it thinks necessary or expedient in order better to attain the purposes for which those directions were given;
but, except with the consent of the board, the Department shall not vary or add to any directions under sub-paragraph (b) where, in its opinion, the need for the variation or addition arose from circumstances not obtaining at the date when the directions were given.
(5) Any order made under paragraph (4) shall state the general nature of the reasons for the making thereof.
(6) Any order made under paragraph (3)(i) or (iii) or paragraph (4) shall be subject to negative resolution, and any order made under paragraph 3(ii) shall be subject to affirmative resolution.
F1mod. by 1984 NI 12, SR 1995/103
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