Agriculture Act 1967

9 Powers to meet future developments in livestock and livestock products industries. U.K.

(1) With a view to enabling the livestock industry and the livestock products industry to carry out such changes as the Commission may consider to be necessary or expedient, the Commission may submit to the Ministers a scheme (in this section referred to as a “development scheme”) for the purpose of conducing to the better organisation, development or regulation of any section of the livestock industry or the livestock products industry.

(2) A development scheme may make provision for the rationalisation or concentration of a section of either industry, including in particular—

(a) provisions compelling or encouraging the elimination of excess capacity,

(b) provisions compelling or encouraging a reduction in the number of undertakings engaged, and

(c) provisions requiring permission to be given for the setting up of a new undertaking or the relocation of an existing undertaking.

(3) A development scheme shall provide—

(a) that the compensation payable under the development scheme in respect of loss or damage sustained in consequence of the provisions of the scheme shall be payable either out of funds provided by the industry, or a section of the industry, or by the Commission, or partly by one of those means and partly by another, and

(b) for questions of disputed compensation so payable to be determined otherwise than by the Commission.

(4) A development scheme may be made for the purpose of providing facilities or services for a section of either industry, whether free of charge or not, and may provide for the expenses of providing the facilities or services to be met either out of funds provided by the industry, or a section of the industry, or by the Commission, or partly by one of those means and partly by another.

(5) A development scheme—

(a) may be made for Great Britain or for England and Wales or for Scotland, or for one or more areas within England and Wales, or Scotland,

(b) may be by way of an experimental or pilot scheme restricted to a specified area or specified undertakings or specified persons.

(6) The methods employed by a development scheme may include the licensing of undertakings or producers, the imposition of quotas on undertakings or producers or markets, and the registration of any category of undertakings or persons.

(7) A development scheme shall have effect notwithstanding any provision inconsistent with the scheme which is contained in any Charter or letters patent, or is contained in or made under any Act of Parliament (including a local Act) passed before this Act or any local Act passed with or after this Act.

(8) A development scheme may be varied or revoked by a subsequent development scheme and may contain such supplemental and incidental provisions as appear to the Commission to be expedient, including in particular provisions—

(a) conferring functions on the Commission,

(b) with respect to the funds to be paid by either industry, or a section of either industry, for the purposes of the scheme, including provisions authorising the Commission to obtain the funds by means of a levy scheme or provisions applying, with any necessary modifications, so much of this Part of this Act as relates to levy schemes,

(c) requiring the keeping of books, accounts and records,

(d) conferring powers of requiring the production of books, accounts or records and powers of entry on officers of the Commission and other persons authorised by the Commission to exercise those powers,

(e) conferring such exemptions from the requirements of the scheme as may be specified by or under the scheme,

(f) authorising the Commission to delegate any functions conferred on them by the scheme,

(g) in the case of a scheme varying or revoking a previous scheme, for any transitional matters.

(9) The generality of the provisions of subsection (1) of this section is not to be read as qualified by or restricted to the particular matters mentioned above in this section.

(10) A development scheme may include provisions making persons guilty of an offence where there is a contravention of the scheme, and for the imposition of penalties on summary conviction of any such offence, so however that a maximum fine specified in the scheme shall be a sum not exceeding [F1 level 3 on the standard scale] and a maximum term of imprisonment specified in the scheme shall be a term not exceeding three months.

F2 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Schedule 2 to this Act shall have effect as respects the procedure for making a development scheme, and other matters concerning development schemes.

Extent Information

E1 S. 9(11) extends to N.I. otherwise the rest of the section extends to G.B. only

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F2 S. 9(11) repealed (1.3.2000) by S.I. 2000/311, art. 7

Modifications etc. (not altering text)

C1 S. 9 modified (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 16 para. 3(1); S.I. 1998/3178, art. 3