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THIS DOCUMENT I S THE PROPERTY OF HIS BRITANNIC MAJESTY S GOVERNMENT.
8
CRET.
COPY NO
79(30).
C A B I N E T .
COMMITTEE ON THEg AGRICULTURAL
MARKETING
^ Report.
At t h e i r m e e t i n g on t h e 2 9 t h o f J a n u a r y , 1930,
(Cabinet
5 ( 3 0 ) , C o n c l u s i o n 2 ) t h e C a b i n e t had b e f o r e them a memorandum
by t h e M i n i s t e r of A g r i c u l t u r e
(CP.25 (30))
outlining
h i s p r o p o s a l s f o r l e g i s l a t i o n i n r e g a r d t o t h e m a r k e t i n g of
a g r i c u l t u r a l c o m m o d i t i e s , and a g r e e d t h a t a C a b i n e t
c o n s i s t i n g of
Committee
-
The M i n i s t e r o f A g r i c u l t u r e and F i s h e r i e s
(in the
Chair)
The P r e s i d e n t of t h e Board of T r a d e ,
The F i r s t Lord o f t h e
Admiralty,
The S e c r e t a r y o f S t a t e f o r
Scotland,
s h o u l d examine t h e memorandum and p r e p a r e a D r a f t B i l l
submission I n t h e f i r s t
instance to the
for
Cabinet.
I n a c c o r d a n c e w i t h t h e w i s h e s of t h e C a b i n e t t h e Committee
have had s p e c i a l r e g a r d t o t h e need f o r
safeguarding the
of consumers and h a v e h a d t h e b e n e f i t o f an o u t l i n e o f
Interests
the
p r o p o s a l s of t h e P r e s i d e n t o f t h e Board of T r a d e f o r s e t t i n g up a
Consumers
3.
1
Council.
The d e l i b e r a t i o n s o f t h e Committee h a v e m a i n l y
centered
on t h i s q u e s t i o n of p r o t e c t i n g t h e consumer and o f s e c u r i n g
that
t h e b o d i e s c r e a t e d u n d e r t h e B i l l f o r t h e m a r k e t i n g of
a g r i c u l t u r a l produce should n o t be able to a c t i n r e s t r a i n t of
trade,
by w i t h h o l d i n g s u p p l i e s from p a r t i c u l a r t r a d e r s o r o r g a n i s a t i o n s ,
p o i n t t o which t h e F i r s t Lord of t h e A d m i r a l t y , i n t h e i n t e r e s t s
t h e C o - o p e r a t i v e Movement, a t t a c h e d g r e a t
The Committee were a t f i r s t
importance.
d i s p o s e d t o reoommend
that
a
of
the A g r i c u l t u r a l
Marketing B i l l
should provide
for
the
of t h e c o n s u m e r t h r o u g h t h e m a c h i n e r y o f t h e p r o p o s e d
Council.
In view, however,
programme a n d t h e
the l e g i s l a t i o n
of t h e c o n g e s t i o n i n t h e
consequent
p r o t e c t i o n of t h e
self-contained
provisions
when
the
for
the
consumer should be i n s e r t e d i n t h e B i l l .
Bill,
under which i f
c o m p l a i n t i s made t o t h e M i n i s t e r w i t h r o g a r d t o t h e
of a b o d y a d m i n i s t e r i n g
a scheme u n d e r t h e B i l l ,
ad h o c C o m m i t t e e t o i n v e s t i g a t e
such i n v e s t i g a t i o n
the Minister
body a d m i n i s t e r i n g
fit
t h s scheme t o r e c t i f y
and
to
o r h e may r e q u i r e
the matter.
of p u t t i n g i n t o o many s a f e g u a r d s
t h e consumer,
s e t t i n g up m a r k e t i n g
appoint
the complaint,
account the
farmers would b e a p p r e h e n s i v e
a
operations
h e may
t h i s d e c i s i o n t h e Committee t o o k i n t o
for
These
i s empowered b y o r d e r
amend o r r e v o k e t h e s c h e m e a s h e t h i n k s
and b e d i s i n c l i n e d
1
Parliamentary
u n c e r t a i n t y as to the d a t e
are s e t out i n Clause 3 of t h e D r a f t
after
Consumers
s e t t i n g up t h e C o u n c i l would become l a w ,
the Committee d e c i d e d t h a t
an i n d e p e n d e n t
protection
In
the
reaching
undesirability
otherwise
to formulate
scnanosfor
bodies.
On t h e s u g g e s t i o n o f t h e F i r s t
h a s b e e n made c l e a r i n t h e B i l l
Lord of t h e A d m i r a l t y
(Clause 3(1)
machinery f o r t h e i n v e s t i g a t i o n of
on p a g e 7) t h a t
complaints
it
the
can be invoked
If
a marketing body i s a c t i n g c o n t r a r y t o the i n t e r e s t s
of any
body o f
Co-operative
consumers.
Movement t o r a i s e
T h i s would e n a b l e t h e C o n s u m e r s '
complaints not only as consumers b u t a l s o
connection with attempts at r e s t r a i n t s
supplies by p r o d u c e r s '
of t r a d e
and p o t a t o e s ,
crisis i n the dairy industry
prices.
for
schemes t o d e a l w i t h
in order to
avert a
the
possible
d u r i n g t h e c o m i n g summer a n d a v o i d
season of t h e p r e s e n t
The C o m m i t t e e u n d e r s t a n d t h a t
at the A g r i c u l t u r a l
of
organisations.
l e g i s l a t i o n t o e n a b l e t h e f o r m a t i o n of
repetition next
in
o r h o l d i n g up
The C o m m i t t e e w e r e i m p r e s s e d w i t h t h e n e e d
marketing of m i l k
large
Conference
disastrous
slump i n
the farmers
are displaying
1
a
potato
representatives
considerable
interest
20ft.
in the proposals
o u t l i n e d i n t h e B i l l which h a s been
t o them c o n f i d e n t i a l l y ,
possibilities
mainly because
they foresee
submitted
the
of d e a l i n g w i t h t h e s e two c o m m o d i t i e s a t an
early
date.
7,
neither
Industrial
t h e m a c h i n e r y of t h e Companies Acts n o r of t h e
and P r o v i d e n t
the i n c o r p o r a t i o n
S o c i e t i e s A c t s would b e s u i t a b l e
of t h e a d m i n i s t r a t i v e b o d i e s
for
p u r p o s e s p r o p o s e d t o b e s e t up u n d e r t h e B i l l .
therefore
these bodies under the B i l l .
marketing
The B i l l
provides i n Clause 2 special l e g i s l a t i v e
for i n c o r p o r a t i n g
for
provisions
T h i s i s on
the analogy of c e r t a i n Dominion l e g i s l a t i o n under which
similar
m a r k e t i n g o r g a n i s a t i o n s h a v e b e e n s e t up.
8.
The f i n a n c i a l
provisions
for creating
Agricultural
Marketing Funds f o r England and Wales and S c o t l a n d
P a r t 2 of t h e B i l l
as t o d e t a i l s ,
principles.
provisions
are s t i l l
s e t out
under d i s c u s s i o n w i t h t h e Treasury
b u t t h e T r e a s u r y are i n agreement w i t h the
The Committee a r e s a t i s f i e d w i t h t h e
s e t out i n t h e Draft B i l l ,
subject
of the Committee.
N. BUXTON.
Chairman.
nistry of A g r i c u l t u r e
7 t h March, 1 9 3 0 .
and F i s h e r i e s .
general
financial
t o any d e t a i l e d
a m e n d m e n t s w h i c h may b e a g r e e d b e t w e e n t h e D e p a r t m e n t s
S i g n e d on b e h a l f
In
concerned.
Agricultural Marketing- Bill.
ARRANGEMENT
PART
OF
CLAUSES.
I.
AGRICULTURAL MARKETING
SCHEMES.
Clause.
1.
Schemes for regulating the marketing of agricultural
products.
2. Provisions of schemes.
3. Investigation of complaints as to schemes.
4. General powers of Minister to amend or revoke
schemes.
5. Effect of scheme on contracts.
6. Administrative boards to register with Minister and
to furnish information to Minister.
7. Powers of administrative boards in England to
raise agricultural short-term credits.
8. Powers of administrative boards in Scotland to raise
agriculture short-term credits.
9. Report to be laid before Parliament.
PART
II.
AGRICULTURAL MARKETING FUNDS.
10.
11.
12.
13.
Agricultural Marketing Funds.
Agricultural Marketing Facilities Committee.
Short-term loans.
Long-term loans.
PART
III.
GENERAL.
14.
15.
16.
Administration.
Interpretation.
Short title and extent.
SCHEDULE.
100-5
a
D R A F T
OF A
B
I
E
B
TO
Provide for regulating the marketing- of agri- A.D. 1930.
cultural products by the producers thereof,
—
for the establishment of Agricultural Marketing
Funds for England and Scotland respectively,
* for the making of advances out of those funds,
to facilitate the marketing of agricultural
products, and for purposes connected with the
matters aforesaid.
B
E it enacted by the King's most Excellent Majesty,
by and with the advice and consent of the Eords
Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same,
5 as follows :—PART
AGRICULTURAL
I.
MARKETING-
SCHEMES.
1.—(1) Any persons, who appear to the Minister to
be substantially representative of the persons producing
10 in Great Britain or any part thereof any agricultural
product, may submit to tne Minister a scheme, framed
in accordance with the provisions of this P a r t of this
Act, regulating the marketing of t h a t product b y the
persons producing it in Great Britain or t h a t p a r t of
15 Great Britain, as the case m a y be, and, subject to the
provisions of this section, the Minister may approve any
scheme so submitted.
100-5
A
Schemes for
regulating
the market­
^[cultural
products^ "
8
1930.
(2) In determining for the purposes of the last fore­
going subsection whether the persons submitting a scheme
^ J'
are substantially representative of the persons producing
'
any product, the Minister shall have regard both to
the number of persons represented and to the quantity of
the product produced by them during any recent period.
(3) A scheme may be submitted t o - a n d approved
by the Minister regulating the marketing of two or
more agricultural products, if it appears to the Minister
t h a t those products are so closely related t h a t it is
expedient that the marketing thereof should be regulated
by one scheme.
(4) Before approving a scheme submitted under this
section the Minister shall cause notice of his intention to
approve the scheme, and of the place where copies of the
scheme may be inspected, and of the time within which
and manner in which representations with respect to the
scheme may be made, to be published in the Gazette
and in such other manner as he thinks best for
informing persons affected t h a t he proposes to approve
the scheme.
(5) The Minister, after considering a scheme sub­
mitted under this section and any representations duly
made with respect thereto, and after holding such
inquiries (if any) as he thinks fit, may, if he is satisfied
t h a t the approval of t h e scheme would be in the national
interest [and of national importance], by order, approve
the scheme with or without modifications, and either
generally or with respect to any part of the area
specified therein :
Provided that before approving a scheme with"
modifications or with respect to any part of the area
specified therein, the Minister shall give notice of the
modifications which he proposes to make, or t h e p a r t of
the area .in respect of which he proposes to approve the
scheme, to the persons who submitted the scheme, and,
if within three weeks after notice has been so given all
those persons notify the Mhiister t h a t they desire to
withdraw, the scheme, the Minister shall not approve it.
(6) The Minister, immediately after approving a
scheme, shall publish the scheme and the order approving
it in the Gazette and in such other manner as he thinks
best for informing the persons affected thereby that the
scheme has been approved.
n
n
5
10
15
20
25
30
35
40
(7) Every scheme shall come into force on such A.D. 1930.
elate, not being earlier than one month after t h e order
—
PART I
approving the scheme was first published, as the
Minister may specify in t h a t order, and the Minister
'
5 may specify different dates for different provisions of a
scheme,.and every scheme and provision of a scheme for
the time being i n force shall have effect as if it were
enacted in this Act.
c o n
2 . — ( 1 ) Every scheme approved under this Act shall Provisions
1 0 constitute, as a body corporate with a common seal and schemes,
power to hold lands without licence in mortmain, a board
to administer the scheme (hereafter in this section
referred to as " t h e board " ) , so however t h a t the board
shall, subject to the provisions of this Act, be composed—
15
(a) during such period as may be specified in the
scheme, not being longer t h a n six months after
the scheme comes into force, of persons
nominated by the Minister:
0 1
20
25
30
35
40
(b) after t h e expiration of t h a t period, of repre­
sentatives elected, in such manner as may be
provided by the scheme, by registered pro­
ducers.
(2) Every scheme approved under this Act shall
provide for the following matters—
(a) for empowering the board—
(i) to buy, sell, grade, pack, store, adapt for
sale, advertise and transport the regulated
product, or arrange for t h e buying, selling,
grading, packing, storing, adapting for sale,
advertising or transporting thereof;
(ii) to t a k e such measures as may be provided
in t h e scheme for stabilising the price of the
regulated p r o d u c t ;
(iii) to encourage agricultural research and edu­
cation;.
(iv) to do all things necessary for or incidental
to t h e exercise of their functions under the
scheme;
(v) to borrow money for the purpose of exercising
any of the powers aforesaid;
100
A 2
A.D. 1930;
p "
"
-
(b) for the establishment of a fund (hereafter in this
section referred to as " the fund ") for the pur­
poses of the scheme, for the administration and
control of the fund by the board, in manner
provided in the scheme, for the payment into the
fund of all moneys received by the board, and
for the payment out of the fund of any moneys
required by the board for the exercise of their
functions under the scheme;
(c) for the keeping of accounts by the board, for
the annual audit of the accounts, for the
drawing up of an annual return of the receipts,
expenditure, funds and effects of the board as
audited, and for supplying a copy of the return
to any registered producer on his application;
(d) for enabling the board to be wound up under
the provisions of P a r t X of the Companies Act,
1929, subject to t h e modifications and adapta­
tions set out in the Schedule to this Act;
(e) for the registration by the board of any producer
desiring to sell the regulated commodity and
for prohibiting a producer from selling the
regulated product unless he is so registered;
( / ) for requiring every registered producer to con­
tribute to the fund such sums as may from
time to time be determined by the board to
be necessary for the purpose of enabling the
board to exercise their functions under the
scheme, so however t h a t on any such deter­
mination of t h e board, t h e contribution of each
producer shall be calculated in proportion to
the quantity of the regulated product sold by
him, either generally or for use in any parti­
cular manner, during such period as may be
fixed by the scheme, being a period beginning
before or after the scheme comes into force and
ending within six months before the determi­
nation; and for the collection of such contri­
butions by or on behalf of the board;
5
10
15
20
25
30
35
(g) for the distribution to every registered producer, 40
in proportion to the quantity of the regulated
product sold or adapted for sale by him during
such period as may be fixed in the scheme
(being a period beginning before or after t h e
5
10
15
20
25
30
35
40
scheme comes into force and ending within six A.D. 1930
months before the distribution), of such moneys
PART I .
for the time being standing to the credit of the —cont.
fund as in the opinion of the board are not
required for the purpose of enabling the board
to exercise their functions under the scheme;
(h) for securing that any producer who is aggrieved
by any act or omission of the board may
refer the matter to one or more independent
arbitrators appointed in such manner as may be
provided b y the scheme, and for the manner in
which any such reference is to be heard and
determined;
(i) for the imposition on and recovery from any
producer by the board of such monetary
penalties as may be specified by the scheme in
the event of t h a t producer contravening or
failing to comply with the scheme;
(j) for empowering the board t o exempt [any pro­
ducer, or] any class or description of producers,
from all or any of the provisions of t h e scheme.
(3) Any scheme approved under this Act may pro­
vide for all or any of the fohowing matters—
(a) for requiring registered producers to sell the
regulated product to, or through the agency of,
the board or persons authorised for the purpose
by t h e board;
(b) for the determination from time to time by the
board of the kind, variety or grade of the
regulated product and the quantity of each
kind, variety or grade, which may be sold by
registered producers, either generally or for use
in a n y particular manner, during such period
as may be fixed by the board on t h e occasion
of each determination, and for securing com­
pliance with any such determination;
(c) for t h e determination from time to time by the
board of t h e price at, below or above which,
and the terms and conditions on which, t h e
regulated product, or any land, variety or grade
thereof, is to be sold by registered producers,
either generally or for use in any particular
manner, during such period as may be fixed by
the board, on the occasion of each determina­
tion, and for securing compliance with any such
determination;
(d) for the determination by the board of the
manner in which the regulated product is to 5
be graded, packed, stored, adapted for sale,
insured, or transported by registered producers,
or for requiring registered producers to deliver
the regulated product to t h e board or to persons
authorised by the board, for the purpose of 10
grading, packing, storing, adapting for sale,
insuring or transporting i t ;
(e) for empowering the board to advance to any
registered producer, a part of the price which
in the opinion of the board will be realised by 15
the sale of any quantity of the regulated pro­
duct produced or in course of production by
him;
(/) for prohibiting a producer from making a
contract for the sale of the regulated commodity 20
over a period longer t h a n six "months without
the approval of the board, and for the regis­
tration by the board of every contract so
approved;
(g) for requiring registered producers to keep accounts 25
and records in a form prescribed by the board;
(h) for requiring registered producers to furnish to
the board or any person authorised by the
board, such estimates, returns, accounts and
other information as the board may consider 30
necessary for the operation of the scheme;
(i) for empowering any person authorised by the .
board to inspect and take copies of any books,
accounts or other documents kept by a regis­
tered producer relating to the regulated product; 35
(j) for empowering any person authorised by the
board at any reasonable time to enter any land
or premises occupied by a registered producer;
(7c) for such matters as appear to the Minister to be
incidental to, or consequential on, the foregoing 40
-provisions of this section, or to be necessary for
giving effect to those provisions.
(4) In this section the expression " regulated pro- A.D. 1930.
d u c t " means a product to which the scheme applies,
—
f^'
and which is produced in t h e area to which the scheme
applies, the expression "producer"- means a peuson
5 producing a regulated product, and t h e expression " regis­
tered producer" means a producer for the time being
registered under t h e scheme.
FA
3.—(1) If a complaint is made to the Minister t h a t Investiga­
any provision of a scheme for the time being in force
.
under this Act, or anything done or omitted to be done " g ^ Q
by. a board administering such a scheme, is contrary to the schema
public interests, or contrary to the interest of any large
body of consumers of the product to which the scheme
applies, the Minister may appoint a committee to
investigate the complaint.
(2) A committee appointed by the Minister for the
purposes of this section shall consist of a chairman
and four other members, one of whom shall be an
accountant.
( 3 ) The Minister shall not appoint as chairman, or
as a member, of the committee a person who appears to
him to have any pecuniary interest in the matter corn­
plained of, b u t for t h e purposes of this subsection a
person shall not be deemed to have such an interest by
reason only of t h e fact t h a t the complaint relates to
a product of which t h a t person is a consumer.
(4) For the purpose of the investigation of a complaint
under this section, the board administering the scheme
with respect to which the complaint was made shall
furnish the committee with such accounts and other
information as t h e committee considers relevant to the
investigation.
(5) After investigating t h e complaint the committee
shall report to t h e Minister thereon, and the Minister,
after considering the report—
(a) may by order make such amendments in t h e
scheme as he considers necessary or expedient
for the purpose of rectifying the matter com­
plained of; or
(b) m a y revoke the scheme; or
(c) in the event of the matter complained of being
an act or omission of an administrative board,
may direct t h a t board to rectify the matter,
t i o n
10
15
20
25
30
35
40
o f
I A I N T S
A . D . 1930
PART I .
-—cont.
and if the directions are not complied with,
may. by order make such amendments in t h e
scheme as he considers necessary for securing
t h a t the directions will be complied with, and
in particular may by such amendments provide 5
t h a t the board shall, for such period as may be
specified in the amendments, be - composed of
persons nominated by the Minister.
(6) Any order made by the Minister under the fore­
going provisions of this section shall be published forth- J Q
with after the making thereof in the Gazette and in such
other manner as the Minister thinks best for bringing
the order to the notice of persons affected thereby.
(7) The Minister may appoint a secretary to any .
committee appointed under this section, and may p a y
such remuneration to t h e secretary so appointed, and
such subsistence and travelling allowances to the chair­
man and members of the committee, and such other
expenses of the committee, as he may with the approval
of the Treasury determine, and any expenses incurred by 2 0
the Minister under this section shall be defrayed out of
moneys provided by Parliament,
General
powers of
Minister to
amend or
revoke
schemes.
4.—(1) The Minister may, whether or not any
complaint has been made under the last foregoing section,
if he is of opinion that any provision of a scheme in 2 5
force under this Act, or any act or omission of a board
administering such a scheme, is contrary to the public
interests, lay before each House of Parliament the draft
of an order amending or revoking the scheme, and
unless either House, before the expiration of the period 3 0
of twenty days on which that House has sat next after
the draft is laid before it, resolves t h a t the order shall
not be made, the Minister may make an order in the
terms of the draft, to take effect on such date after
the expiration of that period as may be specified in the 3 5
order.
(2) The Minister shall by order revoke a scheme in
force under this Act—
(a) if an order is made for the winding up of the
board administering the scheme;
40
(6) in the case of a scheme regulating the marketing
of any product -which is in force in any area, if
[20 G E O . 5.]
5
10
15
20
25
30
Agricultural
Marketing.
a scheme regulating the marketing of that pro­ A;D. 1930.
duct in an area comprising the first-mentioned
PART I .
area, comes into force under this Act.
—cont.
( 3 ) The Minister may by order revoke a scheme in
force under this Act if the board administering the
scheme satisfy him t h a t the revocation of the scheme is
desired by more than half the producers for the time
being registered under the scheme.
(4) In any case where the Minister revokes a scheme
under this Act, except a case where an order has been
made for the winding up of the board administering the
scheme, t h e Minister shall by the order revoking the
scheme, dissolve the board administering the scheme,
b u t the provisions of the scheme relating to the winding
up of the board shall remain in force notwithstanding the
revocation of the scheme.
(5) Any order made by the Minister under the
foregoing provisions of this section shall be published
forthwith after the making thereof in the Gazette and
in such other manner as the Minister thinks best for
bringing the order to the notice of persons affected
therebjr and, except in a case where an order has been
made for the winding up of the board administering
the scheme, no such order shall take effect until the
expiration of one month after the making thereof.
(6) If the board administering any scheme for the
time being in force under this Act submit to the Minister
a n amendment of the scheme, the Minister may by
order approve the amendment, so, however, t h a t the
provisions of this Act relating to the approval of schemes
shall apply to the approval of any amendment under
this subsection.
5.—(1) A contract for the sale of an agricultural Effect of
product shall Hot be void or unenforceable as between scheme on
3 5 t h e parties thereto by reason only that it cannot be contracts.
performed without contravening or failing to comply
with a scheme in force under this Act, if the contract—
(a) was made before the date when the Minister
first published notice of his intention to approve.
40
t h e scheme; or
(b) has been registered in accordance with the
provisions of the scheme by the board ad­
ministering the scheme.
100
B
A.D. 1930.
PART I .
—cont.
(2) I n the case of a contract which, at the date
when it is made, can be performed without contravening
any scheme in force at t h a t date under this Act and
which subsequently, b y reason of an amendment of such
a scheme, cannot be performed without contravening 5
the amended scheme, the last foregoing subsection shall
have effect as if for t h e reference therein to the notice of
the Minister's intention to approve the scheme there
were substituted a reference to the order making the
amendment.
10
Administra­
tive boards
t o register
with Minis­
t e r and to
furnish in­
f ormation to
Minister.
6 . — ( 1 ) The Minister shall keep a register of the
boards administering schemes for t h e time being in force
under this Act.
(2) Every such board shall have an office to which
all communications and notices may be addressed 1 5
and shall send to the Minister particulars of the situa­
tion of the office and of every change therein, and
t h e Minister shall enter the particulars in t h e register
aforesaid.
( 3 ) I t shall be the duty of every such board to 2 0
furnish to the Minister a copy of its annual return forth­
with after t h e drawing up thereof and such other
returns, accounts, and information within its power as
the Minister may at any time require.
(4) The board administering any scheme for the 2 5
time being in force under this Act shall produce the
books and accounts relating to the scheme to any
person authorised for the purpose by the Minister at all
reasonable times, and allow t h a t person to inspect and
take copies of such books and accounts.
30
Powers of
administra­
tive boards
in England
t o raise
agricultural
short-term
credits.
7.—(1) A debenture issued by a board administering
a scheme for the time being in force under this Act,
which has its office in England, creating in favour
of a bank a floating charge on property consisting of
agricultural products or farming stock may be registered 3 5
in like manner as an agricultural charge under P a r t I I
of the Agricultural Credits Act, 1 9 2 8 , and section nine of
of t h a t Act shall apply to such a charge in like manner
as it applies to an agricultural charge, and the charge,
if so registered, shall as respects such property be valid 4 0
notwithstanding anything in the Bills of Sale Acts, 1 8 7 8
and 1 8 8 2 , and shall not be deemed to be a bill of sale
within the meaning of those Acts.
(2) Any such debenture may create a floating charge A.D. 1930.
on any agricultural products the property in which is '
­
vested in the administrative body.
-cwit *
(3) In this section the expressions " b a n k " and
5 "farming s t o c k " have the same meanings as in Part I I
of the Agricultural Credits Act, 1928.
8 . Part I I of the Agricultural Credits (Scotland)
Act, 1929, shall apply to a board administering a scheme
for the time being in force under this Act which has its
10 office in Scotland, subject to the following modifications :—
Powers of
administra­
i g tfand
jg
agricultural
V
n
t o
co
ra
e
short-term
- credits.
9. The Minister shall in the year nineteen hundred Report to
and thirty, and each subsequent year, lay be laid
before Parliament a report upon the operation of all ^ j
15 t h e schemes for t h e time being in force under this Act.
e f c
a r
PART
r e
i a m e n
1
II.
AGRICULTURAL MARKETING
FUNDS,
10.—(1) For the purposes of this Act, there shall be Agricultural
established and maintained—
Marketing
20
(a) a fund to be called " the Agricultural MarketingF u n d " (hereafter in this section referred t o as
" the English fund " ) , which shall be adminis­
tered and controlled by the Minister of Agricul­
ture and Fisheries; and
25
(6) a fund to be called " the Agricultural Marketing
(Scotland) F u n d " (hereafter in this section
referred to as " the Scottish fund ") which shall
be aclministered and controlled by the Secretary
of State.
100
C
Funds.
(2) There shall be paid out of moneys provided by
Parliament into the English and Scottish funds such
sums as Parliament may from time to time determine :
Provided that—
(a) the sums so paid into the English fund shall 5
not, subject to the provisions of this section,
exceed in the aggregate five hundred thousand
pounds; and
(b) the sums paid into the Scottish fund shall not,
subject to the provisions of this section, 1 0
pounds.
exceed
( 3 ) Any sums received by way of interest on any
loan advanced under this Act out of either fund shall be
paid to the Treasury, and any sums received by way of
repayment of the principal of any such loan shall be 1 5
paid into the fund out of which the loan was advanced.
(4) Any moneys standing to the credit of either
fund may, with the approval of the Treasure', foe
invested in any Government securities.
(5) The Minister of Agriculture and Fisheries as 2 0
respects the English fund, and the Secretary of State as
respects t h e Scottish fund, shall cause an account to be
prepared and transmitted to the Comptroller and Auditor
General for examination on or before the
day of
in every year, showing 2 5
the receipts into and issues out of the English and
Scottish fund, as the case may be, in the financial year
ending on the thirty-first day of March preceding, and
t h e Comptroller and Auditor General shall certify and
report upon the account, and the account and report 3 0
shall be laid before Parliament by the Treasury on
or before the thirty-first day of J a n u a r y in the follow­
ing year if Parliament is then sitting, and if Parliament
is not then sitting, then within one week after Parlia­
35
ment is next assembled.
(6) If it appears to the Minister of Agriculture and
Fisheries or the Secretary of State t h a t a sum represent­
ing the whole or any p a r t of t h e principal of any loan
advanced out of the fund administered by him is not
, likely to be recovered, he shall transmit to the Comptroller 4 0
and Auditor General with the account mentioned in the
foregoing subsection a statement giving full particulars
of the circumstances in which the loan is advanced and ^.D. 1930.
the reason why it appears t h a t the sum- is not likely to
—
be recovered, and the Comptroller and Auditor General P A R T I I ;
shall include in his report under the last foregoing sub—
5 section a report on that statement and if the Comptroller
and Auditor General reports t h a t the sum aforesaid
should be written off from the account of the assets of
the fund, there m a y be paid into the fund out of moneys
provided by Parliament an amount equal to that sum.
conL
10
1 1 . For the purposes of this Act, there shall be Agricultural
appointed, after consultation with the Treasury, an Marketing
Agricultural Marketing Facilities Committee for England Facilities
by the Minister of Agriculture and Fisheries, and an
Agricultural Marketing Facilities Committee for Scotland.
15 by the Secretary of State, and any expenses incurred
by the Minister of Agriculture and Fisheries or the
Secretary of State in connection with the said committees
shall, up to an amount approved by the Treasury, be
paid out of moneys provided by Parliament.
o m m i
20
25
30
35
40
ee
12.—(1) On the approval of any scheme under this Short-term
Act the Minister may on the recommendation of the loans.
Agricultural Marketing Facilities Committee advance out
of the Marketing Fund to the board adniinistering the
scheme such sum as he may think necessary for the
purpose of providing for expenses incurred in connection
with the incorporation of t h a t board and the initial
working of the scheme.
(2) Any sums advanced under this section shall be
repaid within two years, unless the advance is renewed
as hereinafter provided, and any such advance may be
made free of interest for t h a t period and on such other
terms and conditions as the Minister, with the approval
of the Treasury, m a y prescribe.
(3) An advance made under this section shall not
be renewed unless the renewal is recommended by the
Agricultural Marketing Facilities Committee, and t h a t
committee shall n o t recommend the renewal unless they
are satisfied—­
(a) t h a t the board is in a position to repay forth­
with the sum advanced;
- (b) t h a t the renewal is required to provide for
additional services which the board propose to
undertake; and
100
C 2
A.D. 1930.
-- '
PART I I .
'—cont.
Long-term
loans.
(c) t h a t a d e q u a t e a r r a n g e m e n t s h a v e been, or will
be, made t o repay t h e s u m advanced a t t h e
e x p i r a t i o n of t h e period for which i t is t o b e
-I
renewed.
If it appears to the Minister t h a t it is expedient 5
t h a t there should be made to a board administering a
scheme for t h e time being in force under this Act
advances which shall not be repayable until the expira­
tion of a period exceeding two years, he may, on t h e
recommendation of the Agricultural Marketing Facilities 10
Committee, advance out of the Marketing Fund to t h a t
board such sums as he m a y think fib, and any such
advance shall be made on such terms and subject to
such conditions and secured in such manner as t h e
Minister, with the approval of the Treasury, may i g
prescribe :
provided t h a t the amount advanced under this
section shall not a t any time exceed in t h e aggregate
one-fifth of the sums paid into t h e fund out of moneys
20
provided by Parliament.
PART
III.
GENERAL.
Administra­
tion.
1 4 . — ( 1 ) I n relation t o a scheme which applies, or
is proposed to be applied, to t h e whole of Great Britain
or to England only or to any area wholly comprised in 2 5
England and in relation to any board administering such
a scheme—
" The Minister " means t h e Minister of Agriculture
and Fisheries;
30
" The G a z e t t e " means the London Gazette;
" The. Marketing F u n d " means t h e Agricultural
Marketing F u n d ;
" The Agricultural Marketing Facilities Committee "
means t h e Agricultural Marketing Facilities
35
Committee for England.
(2) I n relation to any scheme which applies or is
proposed to be applied to Scotland only or to any area
wholly comprised in Scotland and in relation to any A.D. 1930.
board administering such a scheme—
PART I I I .
" The Minister " means the Secretary of S t a t e ;
The Gazette " means the Edinburgh Gazette;
'
" The Marketing F u n d " means the Agricultural
Marketing (Scotland) F u n d ;
" The Agricultural Marketing Facilities Committee "
means the Agricultural Marketing Facilities
Committee for Scotland.
(i
5
10
(3) Where it is proposed t h a t a scheme under this
Aot should apply to an area comprised partly in England
and partly in Scotland, the following provisions of this
subsection shall have effect—
15
(a) the scheme shall be submitted both to t h e
Minister of Agriculture and Fisheries and to t h e
Secretary of S t a t e ;
20
(b) the Minister of Agriculture and Fisheries and the
Secretary of State shall, after consultation with
each other, decide which of the two is to deal
with the scheme and shall notify the persons
who submitted the scheme accordingly, and
whichever is so decided is hereafter in this section
.i'eferred to as the "responsible Minister; "
25
30
35
30
(c) for the purpose of the provisions of this Act
other than provisions relating to the submission
of a scheme, the following expressions have, in
relation to any such scheme and the board
administering any such scheme, the following
meanings—
" T h e Minister" means the responsible
Minister;
" The Gazette " means the London Gazette
and Edinburgh Gazette:
" The Agricultural Marketing Fund " means
the Agricultual Marketing Fund admin­
istered by the responsible Minister;
" The Agricultural Marketing Facilities Com­
mittee " means the Agricultural Market­
ing Facilities Committee appointed by
the responsible Minister,
^-cont.
A.D. 1930.
15. For the purposes of this Act the following ex­
—
pressions have the meanings hereby respectively assigned
PART I I I . to t h e m : ­
—cont.
Interpre-..
tatioh:
" Adapting for sale " includes subjecting to any pro­
cess of manufacture or treatment.
5
" Agricultural product " means—
(a) a primary agricultural product, t h a t is to
say, a product brought into existence by
the cultivation of the soil, and a product
or animal brought into existence by the 1 0
breeding or maintaining of horses, cattle or
other livestock or poultry or the cultivation
of bees; and
(b) a secondary agricultural product, t h a t is to
say, a product derived from any primary 1 5
agricultural product by any process of treat­
ment commonly carried out by persons
bringing t h a t primary product into exist­
ence as aforesaid.
" Functions " includes powers and duties.
20
" M a r k e t i n g " in relation to an agricultural pro­
duct includes selling, grading, packing, storing,
adapting for sale, insuring, advertising and
transporting.
" Producing " in relation to any agricultural pro- 2 5
duct means bringing into existence a primary
agricultural product as hereinbefore in this
section defined or deriving a secondary agri­
cultural product as so defined from a primary
agricultural product, and the expressions 3 0
" p r o d u c e r " and " p r o d u c t i o n " shall be con­
strued accordingly.
Short title
16.—(1) This Act may be cited as the Agricultural
and extent. Marketing Act, 1 9 3 0 .
(2) This Act shall not extend to Northern Ireland.
30
SCHEDULE.
,
M O D I F I C A T I O N S AND ADAPTATIONS OF P A R T X OF T H E
COMPANIES
ACT,
1929
(HEREAFTER
IN
THIS
S C H E D U L E R E F E R R E D TO AS " T H E A C T " ) T O B E
5
MADE
IN
THE
CASE
OF THE WINDING-UP OF
ADMINISTRATIVE BOARDS.
1. For the purpose of section three hundred and thirty-eight
of. the Act, the principal place of business of an administrative
board shall be deemed to be the office, particulars whereof are
1 0 for the time being entered in the register kept by the Minister
under this Act.
2. Sub-paragraph (ii) of paragraph (e) of subsection (1) of
section three hundred and thirty-eight shall not apply, and sub­
paragraph (iii) of that paragraph shall apply as if the words
15 " or any member thereof as such " were omitted.
3. A petition for winding up an administrative board may
be presented by the Minister as well as by any person authorised
under the other provisions of the Act to present a petition for
winding up a company.
4. For the purpose of subsection (1) of section three hundred
and thirty-nine of the Act, every producer who, during the
period of one year immediately before the commencement of the
winding up, was registered under the scheme shall be liable to
contribute to the payment of the debts and liabilities of the
25 board and to the payment of the costs and expenses of the
winding-up such proportion as may be provided in the scheme
of the aggregate sum paid or payable to him in respect of the
sale of the regulated product during that year.
;
20
A.D.1930.
Agricultural
Marketing.
DRAFT
OF A
B I L L
To provide for regulating the marketing of
agricultural products by the producers
thereof, for the establishment of Agricultural
Marketing Eunds for England and Scotland
respectively, for the making of advances out
of those funds, to facilitate the marketing of
agricultural products, and for purposes
connected with the matters aforesaid.
LXIII.
(5.)
8th March 1930.
100-5