Agriculture (Miscellaneous Provisions) Act 1968

45 Modification of Restrictive Trade Practices Act 1956 in relation to agricultural marketing boards.

(1) For the purposes of the Restrictive Trade Practices Act 1956, the definition of " trade association " in section 6(8) of that Act shall not include, and shall be deemed never to have included, a board within the meaning of this section.

(2) Where a board enter into an agreement on or after the commencement date in the exercise only of such powers as are mentioned in subsection (1) of section 20 of the [1958 c. 47.] Agricultural Marketing Act 1958 (which section provides, among other things, that certain of a board's powers with respect to products must be exercised in accordance with any directions given by the Minister for the purpose of safeguarding the public interest) or of such powers as are mentioned in section 36 of that Act (under which a board are empowered, subject to the directions of the Minister, to provide artificial insemination services), Part I of the said Act of 1956 shall not apply to the agreement if—

(a) the board have served notice of the terms of the agreement on the Minister before entering into it; and

(b) either the period of twenty-eight days beginning with the date of service of the board's notice on the Minister has expired and the Minister has not during that period served notice on the board that he objects to those terms for the purposes of this subsection or the Minister has served on the board during that period notice that he does not so object; and

(c) the board have furnished a copy of the agreement to the Minister within the period of twenty-eight days beginning with the date on which they entered into it or within such longer period as the Minister may allow in any particular case.

(3) Where a board have entered into an agreement before the commencement date wholly or partly in the exercise of any of the powers mentioned in subsection (2) of this section and either the board served on the Minister, before they entered into the agreement, notice of its terms in pursuance of a requirement to do so contained in a scheme administered by them or the board furnish a copy of the agreement to the Minister within the period of three months beginning with the commencement date, Part T of the said Act of 1956 shall not apply to the agreement—

(a) subject to paragraph (c) below, as respects the period of fifteen months beginning with the commencement date;

(b) if during the said period of fifteen months or that period as previously extended under this paragraph the Minister serves notice on the board extending or further extending that period in relation to the agreement, then, subject to paragraph (c) below, as respects the extended period;

(c) if during the said period or extended period the Minister serves notice on the board that he objects to the agreement for the purposes of this subsection, only as respects the period beginning with the commencement date and ending with the date of service of the notice;

(d) if during the said period or extended period the Minister serves notice on the board that he does not so object, as respects any period after the commencement date;

and the said Part I shall, as respects any period before the commencement date, be deemed not to have applied to an agreement to which it does not apply by virtue of this subsection as respects a subsequent period.

(4) Subsections (2) and (3) of this section shall have effect in relation to a Northern Ireland board as if for any reference to the powers mentioned in subsection (2) of this section were there substituted a reference to the powers mentioned in subsection (1) of section 14 of the [1964 c. 13 (N.I.).] Agricultural Marketing Act (Northern Ireland) 1964 (which section corresponds to the said section 20).

(5) Where by virtue of any of the provisions of subsections (2) to (4) of this section Part I of the said Act of 1956 does not apply, or does not apply or is deemed not to have applied as respects any period, to an agreement made between a board and a trade association within the meaning of section 6 of that Act, being an agreement as to the terms for other agreements between the board and persons who are members of the association or are represented thereon by such members, the said Part I shall not apply or, as the case may be, shall not apply or shall be deemed not to have applied as respects that period—

(a) to any such other agreement containing only terms contemplated by the agreement made between the board and the association;

(b) to any agreement made between two or more of those persons of which the purpose is confined to promoting the agreements mentioned in paragraph (a) of this subsection or any of them.

(6) Nothing in this section shall be construed as derogating from the powers of the Minister to give directions at any time under the provisions of the said Acts of 1958 and 1964 which are mentioned in subsections (2) and (4) of this section.

(7) In this section—

• " agreement " means an agreement within the meaning of Part I of the [1956 c. 68.] Restrictive Trade Practices Act 1956 to which, apart from this section, the said Part I applies ;

• " board " means a board constituted by a scheme made or having effect as if made under the [1958 c. 47.] Agricultural Marketing Act 1958 and includes a Northern Ireland board ;

• " the commencement date " means the date of the passing of this Act;

• " the Minister ", except in relation to a Northern Ireland board, has the same meaning as in the said Act of 1958 and, in relation to a Northern Ireland board, has the same meaning as in the [1964 c. 13 (N.I.).] Agricultural Marketing Act (Northern Ireland) 1964; and

• " Northern Ireland board " means a board constituted by a scheme made or having effect as if made under the said Act of 1964;

and for the purposes of subsection (2) of this section an agreement shall be treated as entered into by a board in the exercise only of the powers mentioned in that subsection, or that subsection as modified by subsection (4) of this section, notwithstanding that the agreement contains provisions entered into by the board in the exercise of other powers if the Minister is of opinion that those provisions are incidental provisions only.