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The Agriculture and Horticulture Development Board Order 2007

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2007, ISBN 9780110789705

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 97(8)(a) of the Natural Environment and Rural Communities Act 2006, for approval by resolution of each House of Parliament.

AGRICULTURE

Made 2007

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred on him by the following provisions of the Natural Environment and Rural Communities Act 2006f1—

sections 87 to 91, 93, 96 and 97(1) and (2);

paragraphs 5 to 11 of Schedule 8; and

Schedules 9 and 10.

He has consulted with such organisations as appear to him to be representative of interests substantially affected by this Order as required by section 97(5) of that Act.

As required by section 96(1)(e) of that Act, he makes the Order with the approval of—

the Department of Agriculture and Rural Development in Northern Ireland;

the Scottish Ministers (as required by section 96(4) of the Act, a draft of the Order was laid before the Scottish Parliament and approved by resolution before the Scottish Ministers gave their approval); and

the Welsh Ministers.

In accordance with section 97(8)(a) of the Act, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2006 c. 16. The “appropriate authority” empowered to make an Order is defined in section 96. By virtue of sections 59(1) and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers.

Contents

  1. 1Title, commencement and extent
  2. 2Scope
  3. 3Establishment of the Agriculture and Horticulture Development Board
  4. 4Constitution etc. of the Board
  5. 5Acting through subsidiaries
  6. 6Levies
  7. 7Estimates
  8. 8Charges for services
  9. 9Reserve funds etc.
  10. 10Incidental Powers
  11. 11Ballots
  12. 12Who can vote
  13. 13Report and accounts
  14. 14Provision of information by the Board
  15. 15Provision of information to the Board
  16. 16Penalties and proceedings
  17. 17Dissolution of existing bodies
  18. 18Repeals, etc.
  19. Signature
  20. Schedule 1: Functions of the Agriculture and Horticulture Development Board
  21. 1Paragraph 1
  22. 2Paragraph 2
  23. 3Paragraph 3
  24. 4Paragraph 4
  25. 5Paragraph 5
  26. 6Paragraph 6
  27. 7Paragraph 7
  28. 8Paragraph 8
  29. 9Paragraph 9
  30. 10Paragraph 10
  31. 11Paragraph 11
  32. 12Paragraph 12
  33. 13Paragraph 13
  34. 14Paragraph 14
  35. 15Paragraph 15
  36. 16Paragraph 16
  37. 17Paragraph 17
  38. 18Paragraph 18
  39. 19Paragraph 19
  40. 20Paragraph 20
  41. Schedule 2: Constitution and proceedings of the Agriculture and Horticulture Development Board
  42. 1Procedure
  43. 2Members' terms of office and removal from office
  44. 3Voting etc.
  45. 4Remuneration and allowances
  46. 5Employees
  47. Schedule 3: Levies
  48. Part 1: Introduction
  49. 1Subsidiary companies
  50. 2Partnerships
  51. Part 2: Cattle, sheep and pigs
  52. 3Levy on cattle, sheep and pigs
  53. 4Exceptions
  54. 5Returns by a slaughterhouse occupier
  55. 6Payment of the levy by slaughterhouse occupiers
  56. 7Returns and payment of the levy by exporters
  57. 8Enforcement
  58. Part 3: Cereal and oilseed
  59. 9Levy on cereal and oilseed payable by buyers
  60. 10Levy on cereal payable by a processor
  61. 11Maximum rate of levy
  62. 12Returns
  63. 13Weekly returns
  64. Part 4: Horticulture
  65. 14Levy on horticultural products
  66. 15Levy on mushroom spawn
  67. 16Returns
  68. 17Information notices
  69. 18Maximum levy for horticultural products
  70. 19Maximum levy for mushrooms
  71. 20Payment
  72. Part 5: Milk
  73. 21Levies on milk
  74. 22Payment of the levy
  75. Part 6: Potatoes
  76. 23Levy on potato growers
  77. 24Levy on buyers of potatoes
  78. 25Returns by growers
  79. 26Returns by buyers
  80. Schedule 4: Provisions relating to the transfer
  81. 1Transfer of undertakings
  82. 2Transfer or property, rights and undertakings
  83. 3Existing agreements
  84. 4Use of surplus
  85. 5Pension schemes
  86. 6Contracts of employment
  87. 7Objection to transfer
  88. 8Collective agreements
  89. 9Legal proceedings and the payment of levy
  90. 10Prosecutions
  91. Schedule 5: Consequential amendments, transitional provisions, repeals and revocations
  92. 1Consequential amendments
  93. 2Consequential amendments
  94. 3Consequential amendments
  95. 4Consequential amendments
  96. 5Consequential amendments
  97. 6Transitional rates of levy on cereal
  98. 7Repeals and revocations
  99. 8Repeals and revocations
  100. Explanatory note