The British Wool Marketing Scheme (Amendment) Order 1958

Statutory Instruments

1958 No. 2125

AGRICULTURE

The British Wool Marketing Scheme (Amendment) Order, 1958

Made

15th December 1958

Laid before Parliament

18th December 1958

Coming into Operation

19th December 1958

Whereas the Ministers hereinafter named directed the Committee of Investigation for Great Britain, appointed under the Agricultural Marketing Act, 1958, to consider and report on certain complaints made to the Ministers as to the operation of the British Wool Marketing Scheme, 1950(1);

And Whereas the Committee of Investigation have reported to the Ministers that certain acts or omissions of the Board administering the said Scheme are contrary to the interests of certain persons affected by the Scheme and are not in the public interest;

And Whereas, after considering the report and consulting the said Board, the Ministers have thought fit to make such amendments in the said Scheme as hereinafter appear, being amendments which they consider necessary or expedient for the purpose of rectifying certain of the matters complained of;

Now therefore the Minister of Agriculture, Fisheries and Food, and the Secretary of State for Scotland and the Secretary of State for the Home Department (being the Secretaries of State concerned with agriculture in Scotland and Northern Ireland respectively), in exercise of the powers conferred on them by subsection (6) of section 19 of the Agricultural Marketing Act, 1958, and of all other powers them enabling in that behalf, hereby make the following Order:—

1.  This Order may be cited as the British Wool Marketing Scheme (Amendment) Order, 1958, and shall come into operation on the 19th day of December, 1958.

2.  The British Wool Marketing Scheme, 1950, shall be amended as follows:—

(a) immediately after sub-paragraph (3) of paragraph 33 there shall be inserted the following paragraph, that is to say—

“33A.— (1) The Board shall set up and appoint an advisory committee (to be known as the Agents Negotiating Committee) which shall consist of members nominated by such organisations as appear to the Board to represent the interests of agents (one such member being nominated by each such organisation) and a like number of members nominated by the Board (at least one such member being also a member of the Board).

(2) The Chairman of the Agents Negotiating Committee shall be a member of the Board who is also a member of that Committee and shall be appointed by the Board.

(3) (a) The Board shall, before entering into any contract to which this sub-paragraph applies, consult the Agents Negotiating Committee on the amount of the remuneration to be paid by the Board under the contract and on such other terms of the contract as may be specified by the Board and any of the organisations mentioned in sub-paragraph (1) of this paragraph.

(b) This sub-paragraph applies to all contracts the amount of the remuneration under which the Board and any of the said organisations propose should be the subject of negotiations between them, being contracts to be entered into from time to time by the Board with other persons for the appointment of the latter as agents of the Board for the collection of wool from registered producers and the handling of it.

(4) If the Agents Negotiating Committee fail to reach a unanimous decision on the amount of the remuneration to be paid under any such contract as aforesaid, the Committee shall, if so requested by the Board or by any organisation whose nominee is a member of the Committee, consult in connection therewith such person as may be unanimously agreed on by the Agents Negotiating Committee or, in default of agreement, nominated by the Minister.

(5) Where a contract for the appointment of an agent as aforesaid is not one to which sub-paragraph (3) of this paragraph applies, the Board may, nevertheless, if they think fit, consult the Agents Negotiating Committee on any of its terms.

(6) In this paragraph the word “agents” means persons who undertake to collect wool from producers, to weigh, grade, value, pack, store and deliver wool, or to perform any of those functions.”;

(b) Sub-paragraph (4) of paragraph 33 shall be renumbered 33B.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 11th day of December, 1958.

L.S.

John Hare

Minister of Agriculture, Fisheries and Food

Given under the Seal of the Secretary of State for Scotland this 12th day of December, 1958.

L.S.

John S. Maclay

Secretary of State for Scotland

Given under the Hand of the Secretary of State for the Home Department this 15th day of December, 1958.

R. A. Butler

Secretary of State for the Home Department

EXPLANATORY NOTE

This Order, which comes into operation on the 19th December, 1958, is made under section 19 of the Agricultural Marketing Act, 1958, and is consequent on a report made under that section by the Committee of Investigation for Great Britain.

The Order amends the British Wool Marketing Scheme by the insertion of a provision requiring the Board administering the Scheme to set up an advisory committee composed of nominees of the Board and an equal number of nominees of organisations representing agents who handle wool. It also requires the Board to consult that committee about the remuneration payable under, and certain other terms of, such contracts as the Board and any of such organisations propose should be the subject of negotiations between them, being contracts for the appointment of agents of the Board for the handling of wool. Provision is also made for referring the matter to a consultant, if the committee fail to reach agreement on the amount of the remuneration.

The Order also empowers the Board, if they think fit, to consult the committee about the terms of any other contracts for the appointment of such agents.

(1)

(1950 I, p. 72).