http://www.legislation.gov.uk/id/uksi/2001/3686

http://www.legislation.gov.uk/uksi/2001/3686/regulation/8/2001-11-15

The Intervention Board for Agricultural Produce (Abolition) Regulations 2001

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2024-05-16

2001-11-15

These Regulations, which come into force in accordance with regulation 1(1), abolish the Intervention Board for Agricultural Produce (“the Board”) (regulation 2), and transfer its property, rights and liabilities principally to the Secretary of State for Environment, Food and Rural Affairs but with others being divided between that Secretary of State, the Scottish Ministers, the National Assembly for Wales and the Department of Agriculture and Rural Development (regulation 4). In consequence of the abolition of the Board, s.6 (1) and (2) of the European Communities Act 1972, which are thereby rendered redundant, are repealed, and amendments are made to s.6 (3), (4) and (5) of that Act (regulation 3). The Regulations also permit the Secretary of State to enter an arrangement with the Scottish Ministers for the exercise by him, on their behalf, of any functions in connection with the carrying out of the United Kingdom’s obligations under the common agricultural policy, and provide for the joint supervision by the Secretary of State, the Scottish Ministers, the National Assembly for Wales and the Department of Agriculture and Rural Development of any exercise by the Secretary of State, either on his own behalf (in which event such supervision shall be subject to his consent) or on behalf of all or any of the others, of functions (other than a power to legislate) either in connection with carrying out the United Kingdom’s obligations under the common agricultural policy or of any other kind previously entrusted to the Board; they also permit there to be delegated to the Meat and Livestock Commission any function which was exercisable by the Board, but had ceased to be so, prior to the coming into force of the Regulations, or any function transferred by these Regulations, being (in either case) a function exercisable in relation to any part of Great Britain with respect to livestock or livestock products (regulation 5). In addition, the Regulations make consequential amendments to other primary and secondary legislation so far as such legislation extends to the United Kingdom (regulation 6), and so far as such legislation extends to England and Wales or Northern Ireland (regulation 7), and make transitional and consequential provisions (regulation 8).

The Intervention Board for Agricultural Produce (Abolition) Regulations 2001

Transitional and consequential provisions8

1

Anything (including any legal proceedings) which, immediately before the relevant time, is in the process of being done by or in relation to the transferor may, so far as it relates to any function or other thing transferred by virtue of these Regulations or to any specified function, be continued by or in relation to the transferee.

2

Anything done by or in relation to the transferor for the purposes of or in connection with—

a

any function or other thing transferred by virtue of these Regulations; or

b

any specified function;

shall, if in force immediately before the relevant time, have effect as if done by or in relation to the transferee in so far as that is required for continuing its effect on or after the coming into force of these Regulations.

3

These Regulations shall not affect the validity of anything done by the transferor before the coming into force of these Regulations.

4

Any enactment, instrument, agreement (whether or not in writing), or other document, which was made before the coming into force of these Regulations, shall have effect, so far as may be necessary for the purposes of, or in consequence of—

a

any transfer effected by virtue of these Regulations; or

b

the abolition of the Board;

as if any references to the transferor were references to the transferee.

5

The obligation of the Board under section 5(1) of the 2000 Act to prepare resource accounts in respect of the relevant financial year shall be an obligation of the department, and the resource accounts prepared in pursuance of that obligation shall be resource accounts in the name of the Board.

6

In addition, in relation to the department and resource accounts in its name, section 5(1) of the 2000 Act shall apply as if the resources acquired, held, disposed of or used by the Board during that part of the relevant financial year before the coming into force of these Regulations had been acquired, held, disposed of or used, as the case may be, by the department.

7

This regulation is subject to any specific provision made by these Regulations.

8

In this regulation—

“the 2000 Act” means the Government Resources and Accounts Act 200048;
“the department” means the department for which the Secretary of State for Environment, Food and Rural Affairs is responsible;
“the relevant financial year” means the financial year ending with 31st March 2002;
“the relevant time” means—
1. a
  in relation to any function or other thing transferred by virtue of these Regulations, the time at which these Regulations come into force; and
2. b
  in relation to any specified function, the time at which the function ceased to be exercisable by the Board;
“specified function” means any relevant function which has ceased to be exercisable by the Board as part of the arrangements for the abolition of the Board;
“transferor” means—
1. a
  in relation to—
  1. i
    any function which is a function of the Minister or the Ministers under section 5 of the Agriculture Act 1957 as extended by section 6 of the European Communities Act 1972 and which is transferred by virtue of regulation 3 of these Regulations, or
  2. ii
    any other function of the Minister of Agriculture, Fisheries and Food which is transferred by virtue of these Regulations, or
  3. iii
    any other thing which is transferred by regulation 4(5) or (6),
  the person or persons from whom the function or other thing is transferred;
2. b
  in any other case, the Board; and
“transferee”means—
1. a
  in relation to any function or other thing transferred by virtue of these Regulations, the person or persons to whom the function or other thing is transferred;
2. b
  in relation to any specified function, the person or persons by whom the function became exercisable as part of the arrangements for the abolition of the Board.