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The Agriculture and Horticulture Development Board Order 2008

S.I. 2008/576 · Made 28 February 2008 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 14 October 2023.

Agriculture

Made 28th February 2008

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 2006 M1—

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 this Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

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. 21Paragraph 21
  42. 22Paragraph 22
  43. Schedule 2: Constitution and proceedings of the Agriculture and Horticulture Development Board
  44. 1Procedure
  45. 2Members' terms of office and removal from office
  46. 3Voting etc.
  47. 4Remuneration and allowances
  48. 5Employees
  49. Schedule 3: Levies
  50. Part 1: Introduction
  51. 1Subsidiary companies
  52. 2Partnerships
  53. Part 2: Cattle, sheep and pigs
  54. 3Levy on cattle, sheep and pigs
  55. 4Exceptions
  56. 5Returns by a slaughterhouse occupier
  57. 6Payment of the levy by slaughterhouse occupiers
  58. 7Returns and payment of the levy by exporters
  59. 8Enforcement
  60. Part 3: Cereal and oilseed
  61. 9Levy on cereal and oilseed payable by buyers
  62. 10Levy on cereal payable by a processor
  63. 11Maximum rate of levy
  64. 12Returns and payment of the levy
  65. 13Weekly returns
  66. Part 4: Horticulture Repealed
  67. 14Levy on horticultural products Repealed
  68. 15Levy on mushroom spawn Repealed
  69. 16Returns Repealed
  70. 17Information notices Repealed
  71. 18Maximum levy for horticultural products Repealed
  72. 19Maximum levy for mushrooms Repealed
  73. 20Payment Repealed
  74. Part 5: Milk
  75. 21Levies on milk
  76. 22Payment of the levy
  77. Part 6: Potatoes Repealed
  78. 23Levy on potato growers Repealed
  79. 24Levy on buyers of potatoes Repealed
  80. 25Returns by growers Repealed
  81. 26Returns by buyers Repealed
  82. Schedule 4: Provisions relating to the transfer
  83. 1Transfer of undertakings
  84. 2Transfer or property, rights and undertakings
  85. 3Existing agreements
  86. 4Use of surplus
  87. 5Pension schemes
  88. 6Contracts of employment
  89. 7Objection to transfer
  90. 8Collective agreements
  91. 9Legal proceedings and the payment of levy
  92. 10Prosecutions
  93. Schedule 5: Consequential amendments, transitional provisions, repeals and revocations
  94. 1Consequential amendments
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4 Repealed
  98. 5Paragraph 5
  99. 6Transitional rates of levy on cereal
  100. 7Repeals and revocations
  101. 8Paragraph 8
  102. Explanatory note