The Intervention Board for Agricultural Produce (Abolition) Regulations 2001

Transfer of property, rights and liabilities

4.—(1) All the property, rights and liabilities (other than the rights and liabilities transferred by paragraphs (2) and (4)) to which the Board was entitled or subject immediately before the coming into force of these Regulations shall be transferred to the Secretary of State for Environment, Food and Rural Affairs.

(2) The rights and liabilities to which, immediately before the coming into force of these Regulations, the Board was entitled or subject in relation to any functions entrusted to it under section 6(1) of the European Communities Act 1972 or by any other enactment, other than the rights and liabilities transferred by paragraph (4), shall—

(a) in so far as relating to such functions as are exercisable in relation to Scotland, be transferred to the Scottish Ministers;

(b) in so far as relating to such functions as are exercisable in relation to Wales, be transferred to the National Assembly for Wales; and

(c) in so far as relating to such functions as are exercisable in relation to Northern Ireland, be transferred to the Department of Agriculture and Rural Development.

(3) For the purposes of paragraph (2)(a), any functions referred to in paragraph (4) shall be treated as exercisable in relation to Scotland if, for the purposes of the exercise of any functions of a competent authority in relation to a holding, the Scottish Ministers are the relevant competent authority in relation to that holding, and for this purpose “competent authority”, “holding” and “relevant competent authority” shall have the meaning they have in the Integrated Administration and Control System Regulations 1993(1).

(4) The rights and liabilities to which, immediately before the coming into force of these Regulations, the Board was entitled or subject, and which arise in relation to the exercise by the Board of functions in relation to the payment of slaughter premium under Article 11 of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal(2), shall be transferred—

(a) so far as they arise in relation to functions under the Slaughter Premium (Wales) Regulations 2001(3), to the National Assembly for Wales;

(b) so far as they arise in relation to functions under the Slaughter Premium Regulations (Northern Ireland) 2001(4), to the Department of Agriculture and Rural Development.

(5) All the rights and liabilities to which, immediately before the coming into force of these Regulations, the Minister was or the Ministers were entitled or subject and which arose under, or in relation to the making of, an order made under section 5 of the Agriculture Act 1957 as extended by section 6(3) or (4) of the European Communities Act 1972 shall be transferred—

(a) so far as arising in connection with the application of the order to England, to the Secretary of State for Environment, Food and Rural Affairs;

(b) so far as arising in connection with the application of the order to Scotland, to the Scottish Ministers;

(c) so far as arising in connection with the application of the order to Wales, to the National Assembly for Wales; and

(d) so far as arising in connection with the application of the order to Northern Ireland, to the Department of Agriculture and Rural Development.

(6) All the rights and liabilities to which, immediately before the coming into force of these Regulations, the Minister of Agriculture, Fisheries and Food was entitled or subject, in so far as relating to the functions of that Minister transferred by virtue of these Regulations, shall be transferred (where not already transferred by paragraph (5)) to the Secretary of State for Environment, Food and Rural Affairs.

(7) This regulation shall have effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by this regulation.

(1)

S.I. 1993/1317, amended by S.I. 1994/1134, 1997/1148, 1999/1820, 2000/2573.

(2)

OJ No. L160, 26.6.1999, p.21.

(3)

S.I. 2001/1332 (W.82).

(4)

S.R. (N.I.) 2001/199.