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The Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 2001
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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 2001 No. 2687
Order made by the Minister of Agriculture, Fisheries and Food and the Secretary of State for Northern Ireland acting jointly, and by the National Assembly for Wales, acting concurrently, and with the consent of the Scottish Ministers, to be laid before Parliament under section 16(5) of the Cereals Marketing Act 1965, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
2001 No.
AGRICULTURE
CEREALS, MARKETING
The Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 2001
Made
8th May 2001
Laid before Parliament
2001
Coming into force
1st August 2001
Whereas the Home-Grown Cereals Authority, established under Part I of the Cereals Marketing Act 1965(1) (“the 1965 Act”), have prepared, pursuant to sections 16 and 23(1) of the 1965 Act, and, after consultation in accordance with section 16(1A) of the 1965 Act(2) with such persons or organisations as appear to them to represent the interests concerned, have submitted to the Minister of Agriculture, Fisheries and Food, the Secretary of State for Northern Ireland, the Scottish Ministers and the National Assembly for Wales(3), a Scheme which varies the levy Scheme (“the principal Scheme”) approved by the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987(4), as varied by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1990(5), the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1991(6) and the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1996(7), for imposing levy on persons specified in the principal Scheme who are growers or processors of, or dealers in, home-grown cereals of a kind so specified, or who act as intermediaries in the selling and buying of such cereals:
Now therefore, the Minister of Agriculture, Fisheries and Food and the Secretary of State for Northern Ireland, acting jointly, concurrently with the National Assembly for Wales, in exercise of the powers conferred by sections 16(4), 23(1) and 24(1)(8) of the 1965 Act, and now vested in them, and of all other powers enabling them in that behalf, and with the consent of the Scottish Ministers(9), after consultation in accordance with section 16(4) of the 1965 Act with such other persons or organisations as appear to them to represent the interests concerned, hereby make the following Order:
Title and commencement
1. This Order may be cited as the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 2001 and shall come into force on 1st August 2001.
Approval of Scheme under section 16 of the Cereals Marketing Act 1965
2. The Scheme set out in the Schedule to this Order is approved.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
30th April 2001
John Reid
Secretary of State for Northern Ireland
1st May 2001
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 (10):
Elis Thomas
Presiding Officer
8th May 2001
We consent:
Ross Finnie
A member of the Scottish Executive
1st May 2001
Article 2
SCHEDULEHOME-GROWN CEREALS AUTHORITY LEVY (VARIATION) SCHEME
Under section 16 of the Cereals Marketing Act 1965
Title and commencement
1. This Scheme may be cited as the Home-Grown Cereals Authority Levy (Variation) Scheme 2001 and shall come into force on 1st August 2001.
Variation of the Home-Grown Cereals Authority Cereals Levy Scheme 1987
2. The Home-Grown Cereals Authority Levy Scheme 1987, which is set out in the Schedule to the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987, as amended by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1990, the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1991 and the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1996, is hereby further varied in accordance with the following provision of this Scheme.
3. In sub-paragraph (5) of paragraph 4 (dealer levy), for “3.7 per cent” there shall be substituted “5 per cent”.
Explanatory Note
(This note is not part of the Order)
By this Order, which comes into force on 1st August 2001, the Minister of Agriculture, Fisheries and Food jointly with the Secretary of State for Northern Ireland, and concurrently with the National Assembly for Wales, with the consent of the Scottish Ministers, approve a Scheme which further varies that approved by the Home-Grown Cereals AuthorityLevy (Approval) Order 1987 (S.I. 1987/671), as varied by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1990 (S.I. 1990/1316), the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1991 (S.I. 1991/1302) and the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1996 (S.I. 1996/2843).
The change made by this Scheme is to increase the proportion (from 3.7 per cent to 5 per cent) which may be deducted by a dealer from any levy he is required to pay (towards which he is entitled to recover a contribution from a grower or agent intermediary) in respect of the expenses of the recovery of that contribution (Article 2).
A Home-Grown Cereals Authority (Rate of Levy) Order is made annually specifying the rate of levy for each of the kinds of home-grown cereals in respect of which levy is to be imposed.
A regulatory impact assessment has been prepared and has been deposited in the libraries of both Houses of Parliament.
(1)
1965 c. 14; Part I was amended by sections 4 and 24(4) and (5) of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49).
(2)
Section 16 was amended by section 16(1) and (2) of the Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), by the Cereals Marketing Act 1965 (Amendment) Regulations 1979 (S.I. 1979/26) and by section 5 of the Agriculture Act 1986.
(3)
In respect of the National Assembly for Wales, all functions of a Minister of the Crown under section 16 of the Cereals Marketing Act 1965 (c. 14) (“the 1965 Act”) were transferred to it by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”) in so far as they are exercisable in relation to Wales. The Home-Grown Cereals Authority is a cross-border body as defined in Schedule 3, paragraph (3)(2), to the Government of Wales Act 1998 (c. 38). By virtue of article 2(c) of the 1999 Order, functions under section 16 of the 1965 Act which are exercisable in relation to a cross-border body, and which are not exercisable by the National Assembly for Wales jointly with a Minister of the Crown and cannot be specifically exercised in relation to Wales, are exercisable by the National Assembly for Wales in relation to that body concurrently with the specified Minister of the Crown.
(4)
S.I. 1987/671.
(5)
S.I. 1990/1316.
(6)
S.I. 1991/1302.
(7)
S.I. 1996/2843.
(8)
See the definition of “the Ministers” in section 24(1).
(9)
By the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319) made under section 88(5) of the Scotland Act 1998 (c. 46), the Home-Grown Cereals Authority was specified as a cross-border public authority for the purposes of that Act. By article 3 of, and paragraph 3 of Schedule 13 to, the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747), it was provided, in respect of a function exercisable, inter alia, under section 16 of the Cereals Marketing Act 1965 (c. 14) by a Minister of the Crown to make an Order making or varying a levy scheme made under that section, that the Secretary of State for Scotland should cease to be a Minister of the Crown by whom the function is exercisable, and that any such function should be exercisable only with the consent of the Scottish Ministers.
(10)
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