Pig Industry Levy Act 1983

2 Ministerial control of payments by Commission out of levy. E+W+S

(1) The Commission may not—

(a) make payments themselves for the levy purposes out of sums collected by them in pursuance of a pig industry levy scheme; or

(b) pay sums so collected to any person responsible in accordance with any arrangements made by the Commission by virtue of section 1(6) of this Act for making payments for the levy purposes;

except in accordance with directions given by the Minister under this section; and any such arrangements shall be subject to any such directions.

(2) Subject to subsection (3) below, the Minister may, by directions given to the Commission under this section—

(a) regulate the application of sums collected by the Commission in pursuance of any such scheme in either manner mentioned in subsection (1) above; and

(b) require sums so collected which are for the time being surplus to requirements to be applied for such other purposes or dealt with in such other manner as may be specified in any such direction (after deduction of any expenses incurred by the Commission in complying with the direction).

(3) The other purposes or manner mentioned in subsection (2)(b) above must be purposes or (as the case may be) a manner appearing to the Minister to be connected with, or beneficial to persons engaged in, the pig industry or the pig products industry.

(4) Without prejudice to the generality of subsection (2) (a) above, any direction given by the Minister under this section with respect to the making by the Commission of payments out of sums collected by them in pursuance of any such scheme to any such person as is mentioned in subsection (1)(b) above may specify the terms on which any such payments by the Commission are to be made (including terms restricting in any manner specified in the direction the amounts of any payments to be made in pursuance of the arrangements in question for the purpose mentioned in section 1(3)(b) of this Act).

(5) Any direction given by the Minister under this section—

(a) may relate to payments of any description specified in the direction or to any particular payments so specified; and

(b) may be varied or revoked by a subsequent direction under this section.

(6) It shall be the duty of the Commission to comply with any directions given by the Minister under this section.

(7) Sums collected by the Commission in pursuance of a pig industry levy scheme are surplus to requirements for the purposes of subsection (2)(b) above if they are not required for the levy purposes (having regard to any restriction on payments for the purpose mentioned in section 1(3)(b)of this Act required to be imposed by virtue of any direction given by the Minister under this section) or for meeting any expenses that may be met from the levy fund in accordance with section 1 of this Act.

(8) In subsection (3) above—

• “the pig industry” means any part of the livestock industry (as defined by section 25 of the 1967 Act) that is concerned with pigs; and

• “the pig products industry” means any part of the livestock products industry (as so defined) that is concerned with pig products.