Paragraph 5
Any charge duly levied under this Scheme shall, subject as mentioned in sub-paragraph (3) of this paragraph, be payable to the Commission on such date or dates and at such place or places as the Commission may from time to time require and shall be recoverable as a debt due to the Commission from the slaughterer or the exporter, as the case may require.
Subject to sub-paragraph (b) of this paragraph,—
where the slaughterer slaughters livestock which he has purchased, or of which he has agreed to purchase all or part of the carcase after slaughter, the Commission may determine that there shall be recoverable as a debt due to him from the person from whom he has purchased the livestock or has agreed to purchase all or part of the carcase (as the case may be) one half of the sum attributable to general expenses and the whole of any sum attributable to species promotion expenses:
Provided that where the purchase was at auction the slaughterer is hereby authorised to recover from the auctioneer instead of from the person from whom he purchased;
where the slaughterer slaughters livestock on the instructions of another person (not being livestock which the slaughterer has purchased or of which he has agreed to purchase all or part of the carcase after slaughter), the Commission may determine that there shall be recoverable as a debt due to him from that person the whole of any sum paid by the slaughterer under this Scheme by reference to that livestock.
Sub-paragraph (a) of this paragraph shall apply only where the person from whom the slaughterer is authorised to recover is a person engaged in the production, marketing (including marketing by a person concerned otherwise than as a buyer or seller) or distribution of livestock or livestock products.
The slaughterer shall be entitled to make deductions from his payments to the Commission in respect of his expenses in exercising his right of recovery under sub-paragraph (2) of this paragraph but such deduction shall not exceed one penny for each head of livestock slaughtered or such higher amount as the Commission may from time to time determine as being reasonable.
Where the slaughterer defaults in payment to the Commission of any sum due from him under this Scheme and would, if he had made payment, have been authorised to recover such sum from another person in accordance with sub-paragraph (2) of this paragraph, the Commission are authorised, if they think fit, to recover directly from the last-mentioned person as a debt due from him to the Commission the amount which would have been payable indirectly if the default had not occurred:
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Provided that this sub-paragraph shall not apply where the last-mentioned person satisfies the Commission that he has made payment to the slaughterer.
Where in the opinion of the Commission (whose decision shall be final and conclusive) any sum which a slaughterer is authorised by sub-paragraph (2) of this paragraph to recover from another person ought reasonably to be treated as irrecoverable by the slaughterer, the Commission shall afford him relief either by permitting him to deduct such sum from payments to the Commission or by way of refund, whichever the Commission shall decide.