Sea Fish Industry Act 1938

20 Provisions with respect to submission, confirmation, amendment and revocation of co-operative schemes

(1) Where a co-operative scheme is duly submitted to the appropriate Minister, then, if he is satisfied—

(a) that the scheme is likely to promote efficiency or economy in the production and marketing of white fish or to increase the demand for white fish, and is desirable in the public interest, and

(b) that there is a preponderating opinion in favour of confirmation of the scheme among the persons of the class whose interests are by virtue of the scheme to be represented by the authorised body,

he may, subject to the following provisions of this section, lay a draft of the scheme before Parliament, and if each House of Parliament resolves that the scheme be approved, the appropriate Minister shall make an order confirming the scheme in terms of the draft.

(2) The Commission shall, before submitting a cooperative scheme to the appropriate Minister, cause to be published, in such manner as he may direct, a notice stating that the scheme has been made, and specifying the place where the scheme may be inspected and copies thereof obtained, and the price (being a price approved by the said Minister) at which such copies will be supplied, and the time (not being less than twenty-eight days after publication of the notice) within which objections to the scheme and representations with respect thereto may be made in writing to the said Minister.

(3) The appropriate Minister, before laying the draft of a co-operative scheme before Parliament, shall consider any objections to the scheme and representations with respect thereto which have been duly made to him, and may, after holding such inquiries (if any) as he thinks fit, make such modifications in the scheme as he may, after consulting the Commission, consider desirable :

Provided that—

(a) where an objection to the scheme has been duly made by any person appearing to the appropriate Minister to be affected thereby, and has not been withdrawn, the said Minister, unless he considers the objection to be frivolous or irrelevant or unless the scheme has been modified as required by the objection, shall, before taking any further action with respect to the scheme, direct the holding of an inquiry with respect to the objection and consider the report of the person holding the inquiry; and

(b) if the appropriate Minister decides to make any modifications in the scheme, he shall cause notice of the proposed modifications to be published in such manner as he thinks best adapted for informing persons affected.

(4) Any power conferred by this Part of this Act to make, submit or confirm a co-operative scheme shall include a power, exercisable in the like manner and subject to the like conditions, to make, submit or confirm a scheme amending or revoking a co-operative scheme.

(5) The appropriate Minister may by order revoke a co-operative scheme, if it appears to him, after consultation with the Commission, that there is a preponderating opinion in favour of revocation of the scheme among the persons of the class whose interests are by virtue of the scheme to be represented by the authorised body, or that the scheme is not serving the purposes for which it was made, or that the continued operation of the scheme would be contrary to the public interest, but the revocation of a co-operative scheme shall be without prejudice to anything previously done under the scheme or to the making, submission or confirmation of a new scheme.

(6) An order revoking a co-operative scheme may make provision with respect to the winding up of the authorised body, and with respect to the disposal of any assets of that body remaining after the payment of its debts and liabilities and of the cost and expenses of the winding up.