# The Beef Special Premium (Protection of Payments) Order 1989, Note: Explanatory note


(This note is not part of the Order)
This Order, which applies in Great Britain, replaces the Beef Premiums (Protection of Payments) Order 1978 which imposed requirements in connection with the payment of beef variable premium which scheme ceased to have effect on 2nd April 1989.
This Order relates to the administration of the beef special premium instituted by Article 4a of Council Regulation 805/68 on the common organisation of the market in beef and veal (inserted by Regulation 467/87 (OJ No L 48, 17.2.87, p.1) and amended by Regulation 571/89 (OJ No L 61, 4.3.89, p.43)) for the application of which general rules are laid down by Council Regulation 468/87 (OJ No L 48, 17.2.87, p.4) as amended by Council Regulation 572/89 (OJ No. L 63, 7.3.89, p.1) and detailed rules by Commission Regulation 714/89 (OJ No L 78, 21.3.89, p.1). The Community scheme governed by these Regulations provides for the payment to a beef producer of a premium in respect of each male beef animal which he has fattened up to a headage limit of 90 animals per producer in any calendar year. In Great Britain the premium will be payable in respect of male animals weighing at least 370 kilograms placed on the market with a view to slaughter at approved livestock markets, male animals at least nine months old intended to be exported from Great Britain and carcases derived from male animals weighing at least 200 kilograms presented at approved abattoirs.
For the purpose of securing that payments are made in proper cases, the Order makes provision–
(a) that applicants who have not yet reached their headage limit and have not been excluded from the scheme may apply for premium–
(i) in the case of animals (other than animals to be exported), at an approved liveweight centre;
(ii) in the case of animals to be exported, at an approved export centre; and
(iii) in the case of carcases, at an approved deadweight centre; and
(b) for the marking of animals or carcases at the appropriate centre by an authorised person if he is satisfied, on examination, that the animals or carcases conform to the scheme’s criteria (article 3).
The Order makes further provision for the keeping of records relating to transactions in animals in respect of which premium applications are made and to the establishing of the means of production of applicants and for production of movements records. The Order provides for the imposition by the Intervention Board for Agricultural Produce (“the Board”) by means of public notices of a requirement to slaughter animals marked under the scheme within 21 days of the date on which they were marked (articles 4, 5 and 6).
Authorised officers at deadweight centres are authorised to remove ears of carcases when they are marked and to take possession of such ears when an offence under section 7 of the Agriculture Act 1957 is reasonably suspected. There is conferred on authorised officers of the Board a power of entry onto land used for the production, sale or slaughter of animals in respect of which premium has been claimed for the purpose in particular of ascertaining that the headage limit has been respected and that an applicant had sufficient means of production to fatten the animals in respect of which he claimed premium (articles 7 and 9).
Section 7 of the Agriculture Act 1957 creates criminal offences in respect of a contravention of or failure to comply with the Order, wilful obstruction of an authorised officer exercising the powers conferred on him by the Order and the making knowingly or recklessly of a false statement for the purpose of obtaining premium and prescribes maximum penalties for those offences.

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Source: https://www.legislation.gov.uk/uksi/1989/574/note (the official version)
Page: https://openlegislation.uk/beef-special-premium-protection-of-payments-order-1989/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.