Section 4 Levies by development councils.

England, Wales and Scotland

(1)

A development council order may provide for the imposition by the development council with the approval of the Board or Minister concerned, and for the recovery by the council, in such manner and through such channels, if any, as may be specified in the order, of charges for enabling the council to meet their expenses in the exercise of their functions and their administrative expenses, to be made on F1such persons as may be specified in the order, being persons carrying on business in the industry, or F2. . . carrying on any business consisting wholly or partly in the production of, or dealing in, any of the materials of the industry.

(2)

An order providing for such charges shall contain provision for limiting the amount of the charges that may be imposed, either by providing for their being computed so as not to yield more than a specified maximum amount during a specified period or by providing for their not being levied at more than specified maximum rates.

F3(2A)

An order providing for such charges may contain provision—

(a)

authorising such of the persons on whom the charges are imposed as may be specified in the order to recover all or part of the charges imposed on them from such other persons carrying on business in the industry as may be so specified; and

(b)

authorising the deduction from the charges payable by the persons with such a right of recovery, or the repayment to them, of—

(i)

such amounts as may be determined by or under the order in respect of expenses incurred by them in exercising that right, and

(ii)

any sums which are, in accordance with provision made by or under the order, to be treated as irrecoverable.

(3)

Before making such an order the Board or Minister concerned shall satisfy themselves or himself that the incidence of the charges F4, taking into account any provision made under subsection (2A) of this section, as between different classes of undertakings in the industry will be in accordance with a fair principle.

(4)

A development council order may provide, so far as may appear to the Board or Minister concerned to be reasonably requisite for the purposes of the imposition or recovery of such charges, for enabling the council to require persons carrying on such business as is mentioned in subsection (1) of this section—

(a)

to furnish returns and other information, and to produce for examination on behalf of the council books and other documents in the custody or under the control of such persons; and

(b)

to keep records and to produce them for examination as aforesaid.

Annotations

Textual amendments

F1: Words in s. 4(1) inserted (27.7.1993) by 1993 c. 37, s. 60(2)(a).
F2: Words in s. 4(1) omitted (27.7.1993) by virtue of 1993 c. 37, s. 60(2)(b).
F3: S. 4(2A) inserted (27.7.1993) by 1993 c. 37, s. 60(3).
F4: Words in s. 4(3) inserted (27.7.1993) by 1993 c. 37, s. 60(4).