# The British Wool Marketing Scheme (Approval) Order 1950, Paragraph 81


(1) (a) If any registered producer contravenes the provisions of paragraph 71 of this Scheme, or of any prescription of the Board thereunder, then the Disciplinary Committee hereinafter described shall impose upon him and the Board shall recover from him such monetary penalty (not exceeding one hundred pounds plus half the price of any wool sold in contravention of the said provisions) as that Committee think just.
(b) If any registered producer fails without reasonable excuse to comply with any demand made by the Board in pursuance of paragraph 77 of this Scheme, or if he knowingly makes any false statement in reply thereto, or if he obstructs or interferes with any person duly authorised by the Board under paragraph 78 of this Scheme, the said disciplinary committee shall impose upon such producer and the Board shall recover from him such monetary penalty (not exceeding one hundred pounds) as that Committee think just.
(c) No such penalty shall be imposed in respect of such a contravention as aforesaid which constitutes an offence under any Act other than the Act of 1931.
(2) (a) There shall be a Committee of the Board, to be known as the Disciplinary Committee, constituted, at each sitting thereof, of not less than four nor more than six members of the Board and a Chairman who is not a member of the Board but is an independent person who is a barrister of not less than seven years' standing, an advocate of not less than seven years' standing, or a solicitor of not less than seven years' standing and is approved by the Minister.
(b) No penalty shall be imposed on a registered producer pursuant to this paragraph except after a hearing by the said Committee and by the decision thereof, taken in accordance with the opinion of all or the majority of the members thereof, so however that if there is an equal division of opinion on any question, the opinion of the Chairman shall prevail.
(c) Notice of the time and place of every such hearing and a written statement of the charge against the producer in question shall be served personally or by registered post on that producer not later than the fourteenth day before the day of the hearing.
(d) No penalty shall be imposed for any contravention which occurred more than six years before the service of the said written statement of the charge.
(e) Where such a written statement of a charge against a producer has been sent to or served on him as aforesaid and the charge is withdrawn or is not substantiated before the said Committee the Board shall have the power and to such extent as the Committee may decide the duty to make payments to the producer in respect of his costs in connection with the charge.
(f) The said Committee, if they find that a contravention has occurred, may postpone the imposition of a penalty for a period not exceeding twelve months.
(3) As soon as may be after every hearing by the Disciplinary Committee, written notice of their decision shall be sent to the registered producer in question, and he may, on or before the fourteenth day after the date on which the notice was so sent to him give notice to the Board referring the matter to arbitration under the provisions of this Scheme, and, if the matter is so referred, no proceedings shall be taken by the Board otherwise than for the purposes of the arbitration or to enforce the award of the arbitrator; and the arbitrator may award payment by the producer of such penalty or other sums (if any) as he thinks just but not exceeding the maximum penalty or other sums respectively which could have been imposed or required by the Disciplinary Committee.
(4) The said Committee shall have the power to reconsider their decision in relation to the case of any registered producer if, upon considering any written application in that behalf by the registered producer in question made within six months after the date of the original hearing by the said Committee, the Committee are satisfied that:—
(a) there may be facts relevant to the case other than the facts which were before the Committee at the original hearing; and
(b) if such other facts had previously been known to the Committee their decision would have been influenced thereby; and
(c) the matter has not been referred to arbitration pursuant to sub-paragraph (3) of this paragraph.
(5) (a) If the said Committee determine pursuant to the last preceding sub-paragraph of this paragraph to reconsider any case it shall be their duty to re-hear the case and if as a result they are of opinion that a substantial miscarriage of justice has occurred they shall vary the previous decision of the Committee and the Board shall thereupon give effect to any such variation.
(b) the provisions of sub-paragraphs (2) (b) and (3) of this paragraph shall apply to every such re-hearing.

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Source: https://www.legislation.gov.uk/uksi/1950/1326/schedule/paragraph/81 (the official version)
Page: https://openlegislation.uk/british-wool-marketing-scheme-approval-order-1950/schedule/paragraph-81
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

