The Intervention Board for Agricultural Produce (Abolition) Regulations 2001

Consequential repeals, revocations and amendments: England, Wales, Northern Ireland U.K.

7.—(1) The enactments specified in paragraphs (2) to (17), in so far as they extend to England and Wales or Northern Ireland, shall be amended as prescribed in those paragraphs.

(2) In the Foot-and-Mouth Disease Order 1983(1), in article 3(1), in the definition of “certification centre”, for the words “Intervention Board for Agricultural Produce” there shall be substituted the words “Secretary of State (in relation to England), the National Assembly for Wales (in relation to Wales) or the Department of Agriculture and Rural Development (in relation to Northern Ireland)”.

(3) In the Local Authorities (Expenditure Powers) Order 1984(2), in article 3, after the words “Intervention Board for Agricultural Produce” there shall be inserted the words “or, after the coming into force of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001, by the Secretary of State or the National Assembly for Wales”.

(4) In the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987(3), in the Scheme set out in the Schedule to that Order, the definition of “Intervention Board” in paragraph 2(1) shall be deleted and for any other reference to “the Intervention Board” there shall be substituted “, as the case may be, the Secretary of State, the National Assembly for Wales or the Department of Agriculture and Rural Development”.

(5) In the Agricultural Levies (Export Control) Regulations 1988(4)—

(a) in regulation 1(2), for the definition of “the Board” there shall be substituted the following definition—

• ““the appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the National Assembly for Wales;

  (c)

  in relation to Northern Ireland, the Department of Agriculture and Rural Development;”;

(b) in regulation 3(1), for the words “the Board” there shall be substituted, in both places where they appear, the words “the appropriate authority”.

(6) In the Beef Special Premium (Protection of Payments) Order 1989(5)—

(a) the definition of “the Board” in article 2(1) shall be deleted, and for any other reference to “the Board” there shall be substituted “the appropriate authority”;

(b) in article 2(1)—

(i) after the definition of “animal” there shall be inserted the following definition—

• ““the appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the National Assembly for Wales;”;

(ii) the definition of “the Ministers” shall be deleted;

(c) for article 2(2) there shall be substituted the following paragraph—

“(2) Any reference in this Order to the appropriate authority other than in this paragraph or in article 9 shall include a reference to the Meat and Livestock Commission when acting for the appropriate authority in question.”;

(d) in article 9(1) the words “or of one of the Ministers” shall be deleted.

(7) In the Beef Special Premium (Recovery Powers) Regulations 1989(6) for any reference to “the Board” there shall be substituted “the appropriate authority”.

(8) In the Agricultural Levies (Terms of Payment) Regulations 1990(7)—

(a) in regulation 1(2), for the definition of “the Board” there shall be substituted the following definition—

• ““the appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the National Assembly for Wales;

  (c)

  in relation to Northern Ireland, the Department of Agriculture and Rural Development;”;

(b) in regulations 2, 3, 4 and 5 for the words “the Board”, in all places where they appear, there shall be substituted the words “the appropriate authority”;

(c) in regulation 5, after the word “due” there shall be inserted the words “to it”.

(9) In the Home-Grown Cereals Authority Oilseeds Levy Scheme (Approval) Order 1990(8), in the Scheme set out in the Schedule to that Order, the definition of “Intervention Board” in paragraph 2(1) shall be deleted and for any other reference to “the Intervention Board” there shall be substituted “, as the case may be, the Secretary of State, the National Assembly for Wales, or the Department of Agriculture and Rural Development”.

(10) In the Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992(9)—

(a) the definitions of “the Board” and “the enforcement authority” in regulation 2(1), shall be deleted, and for any other reference to “the Board” or to “the enforcement authority” there shall be substituted “the appropriate authority”;

(b) in regulation 2(1), for the definition of “authorised officer” there shall be substituted the following definitions—

• ““the appropriate authority” means

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the National Assembly for Wales; and

  (c)

  in relation to Northern Ireland, the Department of Agriculture and Rural Development;

• “authorised officer” means any person (whether or not an officer of that authority) who is authorised by the appropriate authority in writing, either generally or specially, to act in matters arising under these Regulations or, for the purposes of any action taken under these Regulations in relation to a Community debt, so authorised by the appropriate authority by which that Community debt was paid or to which it is payable;”;

(c) in regulation 3, for the words “the London, Edinburgh and Belfast Gazettes” there shall be substituted the words “the London Gazette (in relation to a person in England or Wales) or the Belfast Gazette (in relation to a person in Northern Ireland)”;

(d) in regulation 11, after the word “owed” there shall be inserted the words “to it”.

(11) In the Surplus Foods Regulations 1995(10), in regulation 2(1)—

(a) the definition of “the Board” shall be deleted;

(b) for the definition of “enforcement authority” there shall be substituted the following definition—

• ““enforcement authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the National Assembly for Wales;

  (c)

  in relation to Northern Ireland, the Department of Agriculture and Rural Development;”.

(12) In the Arable Area Payments Regulations 1996(11), in Schedule 3, paragraph 3(1), for the words “Intervention Board for Agricultural Produce” there shall be substituted the words “the relevant competent authority within the meaning of the Integrated Administration and Control System Regulations 1993(12)”.

(13) In the Dairy Produce Quotas Regulations 1997(13)—

(a) the definition of “Intervention Board” in regulation 2(1) shall be deleted, and for any other reference to “Intervention Board” there shall be substituted “appropriate authority”;

(b) in regulation 2(1), after the definition of “agricultural area” there shall be inserted the following definition—

• ““the appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the National Assembly for Wales; and

  (c)

  in relation to Northern Ireland, the Department of Agriculture and Rural Development;”;

(c) regulation 28A shall be deleted.

(14) In the Arable Area Payments Regulations (Northern Ireland) 1997(14)—

(a) in regulation 2(1), for the definition of “the Department” there shall be substituted the following definition—

““the Department” means the Department of Agriculture and Rural Development;”;

(b) in Schedule 3, in paragraph 3(1), for the words “Intervention Board for Agricultural Produce” there shall be substituted the words “the Department”.

(15) In the Slaughter Premium Regulations 2000(15)—

(a) the definition of “Minister” in regulation 2(1) shall be deleted, and for any other reference to “the Minister” there shall be substituted “the Secretary of State”;

(b) in regulation 2(1)—

(i) in the definition of “authorised person”, for the words “an authorising body” and the words “that authorising body” there shall be substituted, in both cases, the words “the Secretary of State”, and the words “, subject to regulation 27,” shall be deleted;

(ii) the definition of “authorising body” shall be deleted;

(iii) after the definition of “retention period” there shall be inserted the following definition—

““Secretary of State” includes, in relation to anything done before the coming into force of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001, the Minister of Agriculture, Fisheries and Food;”;

(c) in regulations 4(3), 13(1), 14, 15, 16, 17 and 19, for the words “the Board” (wherever they appear) there shall be substituted the words “the Secretary of State”, and in regulation 15, for the word “it”, wherever it appears, there shall be substituted the word “he”;

(d) in regulations 5, 8(4), 8(6) and 9(1), the words “or the Board, as the case may be,” and in regulation 8(6), the words “or it”, shall be deleted;

(e) in regulation 7(2)—

(i) the words “by the Board”, in both places where they appear, shall be deleted;

(ii) in both sub-paragraph (a)(i) and sub-paragraph (b)(i), before the word “pursuant” there shall be inserted the words “by the Secretary of State”;

(iii) in both sub-paragraph (a)(ii) and sub-paragraph (b)(ii), before the word “pursuant” there shall be inserted the words “by the Scottish Ministers, the National Assembly for Wales, or the Department of Agriculture and Rural Development, as the case may be,”;

(f) in regulation 10 the words “or the Board” and the words “or it” shall be deleted;

(g) in regulation 11 the words “or the Board”, the words “or its” and the words “or it” shall be deleted;

(h) regulation 27 shall be deleted.

(16) In the Common Agricultural Policy Support Schemes (Modulation) Regulations 2000(16)—

(a) in regulation 3(1)—

(i) the definition of “Board schemes” and “Intervention Board” shall be deleted;

(ii) in the definition of “the relevant amount” the words “or, as the case may be, the Intervention Board” shall be deleted;

(b) in regulation 4(1), the words “or (in the case of payments under Board schemes) the Intervention Board” shall be deleted.

(17) In the Common Agricultural Policy Support Schemes (Modulation) Regulations (Northern Ireland) 2000(17)—

(a) in regulation 3(2)—

(i) the definitions of “Board schemes” and “Intervention Board” shall be deleted;

(ii) in the definition of “the relevant amount” the words “or, as the case may be, the Intervention Board” shall be deleted;

(b) in regulation 4(1), the words “or (in the case of payments under Board schemes) the Intervention Board” shall be deleted.

(1)

S.I. 1983/1950, amended by S.I. 1993/1847, 3119, 1995/2922; and as regards England, by S.I. 2001/571, 680, 974; as regards Wales, by S.I. 2001/572 (W.26), 658 (W.33), 968 (W.46), 1033 (W.47), 1406 (W.93); and as regards Scotland, by Scottish S.I. 2001/49, 52, 55, 56, 59, 60, 101, 165.

(2)

S.I. 1984/197.

(3)

S.I. 1987/671 approved (with modifications) the Home-Grown Cereals Authority Levy Scheme. That Scheme was varied by the Home-Grown Cereals Authority Levy (Variation) Scheme 1990 which was approved (with a modification) by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1990 (S.I. 1990/1316), the Home-Grown Cereals Authority Levy (Variation) Scheme 1991 which was approved by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1991 (S.I. 1991/1302) and the Home-Grown Cereals Authority Levy (Variation) Scheme 1996 which was approved (with modifications) by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1996 (S.I. 1996/2843).

(4)

S.I. 1988/2135.

(5)

S.I. 1989/574.

(6)

S.I. 1989/575.

(7)

S.I. 1990/1185.

(8)

S.I. 1990/1317.

(9)

S.I. 1992/314, amended by S.I. 2001/3198.

(10)

S.I. 1995/184.

(11)

S.I. 1996/3142, amended by S.I. 1998/3169, 1999/8, 2000/2573.

(12)

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

(13)

S.I. 1997/733, amended by S.I. 1997/1093, 1998/2880; and as regards England, by S.I. 2000/698, 2977; as regards Wales, by S.I. 2000/972 (W.42), 3123 (W.201); and as regards Scotland, by Scottish S.I. 2000/52, 391. Insofar as these Regulations apply to Northern Ireland they have been amended by S.R. (N.I.) 2000 No. 83 and S.R. (N.I.) 2001 No. 27.

(14)

S.R. (N.I.) 1997/477, amended by S.R. (N.I.) 1998/308, 1999/120.

(15)

S.I. 2000/3126.

(16)

S.I. 2000/3127.

(17)

S.R. (N.I.) 2000/346.