Statutory Instruments
AGRICULTURE
Approved by both Houses of Parliament
Made
21st July 1993
Coming into force
22nd July 1993
Whereas the Meat and Livestock Commission (hereinafter called "the Commission") established by the Agriculture Act 1967(1), after consultation in accordance with section 13(1A) of that Act with such persons as appear to them to represent the interests concerned, have submitted to the Ministers hereinafter named, a Scheme which varies the Scheme confirmed by the Meat and Livestock Commission Levy Scheme (Confirmation) Order 1987(2) for the imposition of charges for enabling the Commission to meet their expenses;
Now, therefore, the Minister of Agriculture, Fisheries and Food, the Secretary of State concerned with agriculture in Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 13 and 25(1) of that Act and now vested in them(3), and of all other powers enabling them in that behalf, being satisfied that the bringing into force of the Scheme is desirable hereby make the following Order, a draft whereof has been laid before and approved by resolution of each House of Parliament:-“
1. This Order may be cited as the Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1993 and shall come into force on the day after the day on which it is made.
2. The Scheme which is set out in the Schedule to this Order, is hereby confirmed and shall come into force on the day that this Order comes into force.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st July 1993.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
21st July 1993
John Redwood
Secretary of State for Wales
21st July 1993
Article 2
1. The Meat and Livestock Commission Levy Scheme, which is set out in the Schedule to the Meat and Livestock Commission Levy Scheme (Confirmation) Order 1987 as varied by the Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1990 is hereby further varied in accordance with the following provisions of this Scheme.
2. In paragraph 4(2) there shall be substituted the following maximum charges which may be leviable under the Scheme:-“
General Expenses | Species Promotion Expenses | |
---|---|---|
(a)Cattle (other than calves not exceeding 68 kg deadweight) | 219p | 280p |
(b)Calves not exceeding 68 kg deadweight | 14p | -“ |
(c)Sheep | 39p | 40p |
(d)Pigs | 55p | 80p |
3. After paragraph 5(2)(a)(ii) there shall be inserted the following sub-paragraph-“
"(iii)where the exporter exports livestock which he has purchased, 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 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 exporter is hereby authorised to recover from the auctioneer instead of from the person from whom he purchased.".
4. In paragraphs 5(2)(b), 5(3), 5(4) and 5(5) for the word "slaughterer" wherever it occurs there shall be substituted the words "slaughterer or exporter".
5. In paragraph 5(2)(b) after the words "marketing (including marketing by a person concerned otherwise than as a buyer or seller)" there shall be added the word "exporting".
6. In paragraph 5(3) after the words "for each head of livestock slaughtered" there shall be added the words "or exported".
(This note is not part of the Order)
By this Order the Ministers confirm a variation to the Meat and Livestock Commission Levy Scheme 1987 confirmed by the Meat and Livestock Commission Levy Scheme (Confirmation) Order 1987 (S.I. 1987/1303), as varied by the Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1990 (S.I. 1990/1590) ("the Scheme").
The maximum charges payable in respect of General Expenses have been increased-“
(a)for cattle from 190p a head to 219p a head,
(b)for calves from 12p a head to 14p a head,
(c)for sheep from 34p a head to 39p a head,
(d)for pigs from 48p a head to 55p a head.
The maximum charge payable in respect of Species Promotion Expenses for pigs has been increased from 40p to 80p. Other maximum charges for Species Promotion Expenses remain unchanged and there is no charge in respect of Species Promotion Expenses for calves not exceeding 68 kg deadweight.
The following rights, conferred upon slaughterers under the Scheme, have been extended to exporters:-“
(a)to recover levy from the persons from whom they have purchased the exported livestock (paragraph 3 of the Schedule); and
(b)to make deductions from their payments to the Meat and Livestock Commission in respect of their expenses in exercising such right of recovery (paragraphs 4 to 6 of the Schedule).
1967 c. 22; section 13 was amended by the Agriculture Act 1970 (c. 40), section 106(6) and the Agriculture Act 1986 (c. 49), section 7.