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Agricultural Marketing Act 1958, Section 5 is up to date with all changes known to be in force on or before 21 December 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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(1)As soon as practicable after any scheme, other than a substitutional scheme, comes into force the board shall cause to be published in such newspapers as the Minister may direct, being newspapers circulating within the area to which the scheme is applicable, a form of application for registration as a producer under the scheme, together with a notice stating—
(a)the nature of the regulated product and the area to which the scheme is applicable;
(b)the classes or descriptions of producers which are exempted from registration and the procedure required, if any, for securing exemption from registration;
(c)that a poll of registered producers (other than producers exempted from registration) is to be taken in pursuance of this Act on the question whether the scheme shall remain in force;
(d)that no person will be entitled to vote on the poll aforesaid unless he is registered within the time specified in the notice but that no person so registered will, if it is decided as the result of the poll that the scheme shall not remain in force, incur any financial liability by reason of his registration;
(e)that, if it is decided as a result of the poll that the scheme shall remain in force, every producer who is not registered or exempted from registration will be prohibited from selling the regulated produce;
(f)the place where copies of the scheme may be obtained on payment therefor;
(g)such other particulars as the board may think fit.
(2)The Minister, as soon as practicable after any scheme approved by him, other than a substitutional scheme, comes into force—
(a)shall cause a list to be compiled containing the names of all such persons as he has reason to believe are producers, together with their respective addresses so far as known to him, and forward a copy of the list to the board; or
(b)if it appears to him that he has so little information at his disposal that the list aforesaid would serve no useful purpose, shall inform the board accordingly.
(3)As soon as practicable after receiving such a list as aforesaid the board shall send by post to every person named in the list, and to every other person who the board have reason to believe is a producer, being a person who is not registered as a producer, a notice addressed to him at his last known address, stating the particulars required to be stated in the notice published under subsection (1) of this section, together with a form of application for registration.
(4)Subject to the provisions of section [F1eighty of the M1Agriculture Act, 1947][F1three of the Agricultural Statistics Act 1979] (which imposes restrictions on the disclosure of information obtained under that Act), the Minister, if he thinks fit with a view to facilitating the due submission of a scheme, may at the request of any person, cause such a list as aforesaid to be compiled and to be supplied to that person on payment of a fee of such amount as may be certified by the Minister to represent the cost of compiling the list.
Textual Amendments
F1Words “three of the Agricultural Statistics Act 1979” substituted (E.W.) for words “eighty of the Agriculture Act 1947” by Agricultural Statistics Act 1979 (c.13, SIF 2:1), s. 7, Sch. 1 para. 1
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