{
  "url": "https://openlegislation.uk/potato-marketing-board-residuary-functions-regulations-1997/schedule/paragraph-1",
  "json_url": "https://openlegislation.uk/potato-marketing-board-residuary-functions-regulations-1997/schedule/paragraph-1.json",
  "legislation": "uksi/1997/1573",
  "legislation_title": "The Potato Marketing Board (Residuary Functions) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/potato-marketing-board-residuary-functions-regulations-1997",
  "path": "schedule/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "PENALTIES AND PROCEDURES OF THE DISCIPLINARY COMMITTEE (Paragraph 83)",
  "text": "(1) If any producer formerly registered with the Board has failed without reasonable excuse to comply with any demand or requirement made by the Board in pursuance of paragraph 81 of the Scheme or if he without reasonable excuse has made any false statement in complying therewith or in furnishing to the Board any information relating to potatoes which may have been required by the Board for the purposes of paragraph 84 of the Scheme or if he has obstructed or interfered with any person duly authorised by the Board under paragraph 82(1) of the Scheme the Disciplinary Committee referred to in regulation 8 of these regulations (hereinafter called the Disciplinary Committee) shall impose upon him and shall recover from him such monetary penalty not exceeding £2,000 as that Committee think just.\n(2) No such penalty shall be imposed in respect of any such contravention as aforesaid which constitutes an offence under any Act other than the Agricultural Marketing Act 1958.\n(3) No penalty shall be imposed upon a Producer pursuant to this paragraph except after a hearing by the Disciplinary Committee and by the decision thereof taken in accordance with the opinion of 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. At any such hearing the Producer shall be entitled to appear and be heard in person or by Counsel or solicitor or by any other person authorised by him.\n(4) Notice of the time and place of every such hearing and a written statement of the charges against the Producer shall be served personally or by registered post on that Producer not later than the 14th day before the date of the hearing.\n(5) No penalty shall be imposed for any such contravention which occurred more than 6 years before the service of the said written statement of charge.\n(6) When a written statement of charge against a Producer has been sent to or served on him as aforesaid and the charge is withdrawn or not substantiated before the Disciplinary Committee, the Board shall have the power and to such extent as the Disciplinary Committee may decide the duty to make payments to the Producer in respect of his costs in connection with the charge.\n(7) As soon as may be after every hearing by the Disciplinary Committee, written notice of their decision shall be sent to the Producer in question and he may on or before the 14th day after the date on which the notice was sent to him give notice to the Board referring the matter to arbitration 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.\n(8) Where a decision has not been referred to arbitration under paragraph 1(7) above, or where a decision has been so referred but the reference has been withdrawn, the Disciplinary Committee shall have the power to reconsider and if need be vary that decision (but not so as to increase the amount of any penalty or other sum required to be paid to the Board). An application for reconsideration may be made to the Disciplinary Committee by the Producer concerned or by the Board within two months after the date on which notice of the decision of the Disciplinary Committee was sent to the Producer, on the ground that:—\n(a) there are facts relevant to the case other than the facts which were before the Disciplinary Committee at the hearing; and\n(b) if such facts had previously been known to the Disciplinary Committee, their decision might have been influenced thereby.\n(9) If pursuant to an application under the foregoing sub-paragraph the Disciplinary Committee (or a person appointed to act as Chairman of the Disciplinary Committee) determines that a decision should be reconsidered, it shall be the duty of the Disciplinary Committee to review the matter in the light of the facts then available to them. Upon any such review the Disciplinary Committee shall not be bound to rehear the case unless the application for reconsideration is made by the Board, or, in the case of an application by the Producer, unless a request for a rehearing is made by him in writing either at the time of the application or on or before the seventh day after the date on which the Board sent him notice calling attention to his right to make such request. The Board shall send notice accordingly by registered post to any Producer who makes an application for reconsideration but who does not indicate whether or not he requests a rehearing. Where the Disciplinary Committee are bound to rehear the case (but not otherwise) the provisions of paragraphs 1(3) and 1(4) of this Schedule shall apply. If the Disciplinary Committee vary the previous decision, the Board shall thereupon give effect to the variation. Notice of the variation shall be sent to the Producer concerned and paragraph 1(7) of this Schedule shall apply as it applies to a previous decision.\n(10) Subject as aforesaid every penalty imposed and every sum required to be paid by the Producer by a decision of the Disciplinary Committee shall be a debt due to the Board and recoverable accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1573/schedule/paragraph/1",
    "retrieved_at": "2026-10-29T12:06:41.980898+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}