The Potato Industry Development Council Order 1997

Returns and information

8.—(1) Each producer shall make an annual return to the Council by the 15th May each year such return to be set out in the form required under paragraph (3).

(2) Each first purchaser shall make an annual return to the Council for the year 1st July to 30th June in the form required under paragraph (3) and such return shall be due on 30th June each year.

(3) Subject to paragraph (6), the Council may require any registered person to furnish such returns and information relating to activities carried out as part of his business and comprised in the industry as appear to the Council to be required for the exercise of any of its functions.

(4) Where a producer fails to make a return within twenty-eight days after the due date in any year the following procedure shall be followed—

(a) the Council shall make an estimate, based on the producer’s previous year’s return, of the number of hectares which he has grown in the relevant year;

(b) where in any year the previous year’s return is not available, the Council shall make an estimate, by reference to the Potato Marketing Board’s previous records, of the number of hectares which he has grown in the previous year;

(c) the Council shall then give the producer notice that it has made such an estimate and the amount of it;

(d) the producer may within 28 days of the date of the notice make a return and the Council will accept this as his return;

(e) if the producer fails to make such a return within 28 days following the date of the notice, then the estimate shall be treated as his return;

(f) where in any year a producer fails to make a return, having failed in the previous year to make such a return then until such time as a return is made—

(i) the estimate shall be adjusted up or down in accordance with the statistics collected by the Council which show the national level of plantings in that particular year or in the light of any other information which is available to the Council relating to the number of hectares grown by the producer in the relevant year, and

(ii) that estimate will be treated as his return for that year.

(5) Where a first purchaser fails to make a return within twenty-eight days after the due date, the following procedure shall be followed—

(a) the Council shall make an estimate of the number of tonnes of potatoes the first purchaser has sold in the preceding year based on the published accounts where available;

(b) when published accounts are not available, the Council shall make an estimate based on any figures available from a previous year;

(c) when neither the published accounts nor figures from a previous year are available, the Council shall make the estimate by looking at any records obtainable, including records of the Potato Marketing Board;

(d) the Council shall then give the first purchaser notice that it has made such an estimate and the amount of it,

(e) the first purchaser may within 28 days of the date of the notice make a return and the Council will accept this as his return;

(f) if the first purchaser fails to make a return within 28 days following the date of the notice, then the estimate shall be treated as his return;

(g) where in any year a producer fails to make a return, having failed in the previous year to make such a return then until such time as a return is made—

(i) the estimate shall be adjusted in accordance with the statistics collected by the Council, which set out the market trends for the sale of potatoes in that particular year, or in the light of other information available to the Council relating to the number of tonnes of potatoes purchased by him as first purchaser in the relevant year, and

(ii) that estimate will be treated as his return for that year.

(6) The Council shall not exercise the powers conferred upon it under this article generally as regards the industry or any section thereof unless the Ministers have consented to such exercise and have approved the form in which the returns or other information will be required to be furnished.