Jersey Law 9/1953
AGRICULTURAL MARKETING (JERSEY) LAW, 1953.
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A LAW to
provide for the control of the marketing of agricultural produce, to empower
the States to approve schemes for this purpose and to provide for other matters
incidental thereto, sanctioned by Order of Her Majesty in Council of the
30th day of APRIL, 1953.
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(Registered on the 23rd day of May, 1953).
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STATES OF JERSEY.
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The 9th day of
December, 1952.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“agricultural produce” means
crops or horticultural produce, livestock, or the produce of any kind of animal
husbandry, including the carcases, hides, wool or fur
of animals, bacon, cheese, butter or other dairy produce, and includes any
article wholly or partly manufactured or derived from such produce;
“agricultural marketing
scheme” and “scheme” mean a scheme for regulating the
marketing of agricultural produce under this Law;
“board” means a board
administering a scheme under this Law and, in relation to any scheme, the board
administering that scheme;
“the Committee” means the
Committee of Agriculture;
“contravention” includes
non-compliance and the expression “contravene” shall be construed
accordingly;
“initial poll” has the
meaning assigned thereto by paragraph (1) of Article 5 of this Law;
“Livestock” means cattle,
horses, pigs, sheep and poultry;
“prescribed” means, in
relation to any scheme, prescribed by the scheme;
“producer” means, in
relation to a scheme, any person who produces the regulated produce;
“registered producer” means,
in relation to a scheme, a producer registered under the scheme;
“regulated produce” means,
in relation to a scheme, any produce the marketing of which is regulated by the
scheme;
“substitutional
scheme” means a scheme which revokes one or more existing schemes and is
such that at the time when it comes into force –
(a) every
person is entitled to be registered as a producer thereunder who was entitled
to be registered as a producer under the existing scheme or one or more of the
existing schemes; or
(b) no person
is entitled to be registered as a producer thereunder who was not entitled to
be registered as a producer under the existing scheme or any of the existing
schemes;
“suspensory
period” means, in relation to a scheme, a period beginning on the date
when the scheme is approved and ending at the expiration of such period (not
being less than one month or more than two months) commencing on the date of
the declaration of the result of the initial poll, as may be provided by the
scheme.
(2) A
declaration contained in an Act of the States approving a scheme that the
scheme is a substitutional scheme shall be conclusive
evidence of that fact.
(3) For
the purposes of a scheme regulating the marketing of livestock of any kind,
every person whose business it is to keep livestock of that kind for the purpose
of breeding from it or selling it in an improved condition shall, except in so
far as the scheme otherwise provides, be deemed to produce such livestock.
ARTICLE 2
SUBMISSION AND APPROVAL OF AGRICULTURAL MARKETING SCHEMES
(1) A
scheme for regulating the marketing of any agricultural produce may be
submitted to the Committee by any persons (hereinafter referred to as
“the promoters”) who satisfy the Committee that they are
substantially representative of the producers of that produce:
Provided that, in relation to a substitutional
scheme, the provisions of Article 8 of this Law shall apply.
(2) The
Committee, before taking into consideration any scheme so submitted, shall
publish a notice of the submission of the scheme, of the place and the price at
which copies thereof may be purchased, of the place at which copies thereof may
be inspected, and of the time (not being less than three weeks) within which
objections and representations in relation to the scheme may be made.
(3) Every
objection or representation in relation to a scheme shall be made to the
Committee in writing and shall state the grounds on which it is based and
specify any recommended modifications.
(4) The
Committee, for the purpose of deciding upon any scheme so submitted, may obtain
the advice and assistance of competent persons, and there shall be paid to any
such persons such reasonable remuneration as the Committee may determine.
(5) The
Committee, after consideration of any scheme so submitted and of any objections
and representations duly made in relation thereto and after holding such
enquiries (if any) as the Committee thinks fit, may make such modifications to
the scheme as it considers proper:
Provided that, before making any such modifications, the Committee
shall give notice thereof to the promoters and, unless within such delay (not
being less than two weeks) as may be specified in the notice, the promoters
signify to the Committee, in writing, their assent to such modifications, the
Committee shall take no further action under this Article.
(6) If
the Committee, after making any such modifications as aforesaid, is satisfied
that the scheme submitted will conduce to the more efficient production and
marketing of the regulated produce, it shall submit the scheme to the States,
and the States may, by Act, approve or reject the scheme and, if approved by
the States, the scheme shall come into force on the date prescribed by the Act.
(7) Where
the States have approved a scheme as aforesaid, the approval of the States
shall be conclusive evidence that the requirements of this Law have been
complied with and that the scheme contains all the provisions required by this
Law.
ARTICLE 3
BOARD
(1) Every
scheme shall provide for the constitution of a board to administer the scheme,
the composition of which shall be such as may be prescribed, so, however, that
provision shall be made to secure that –
(a) the total number of members
of the board shall be not less than twelve and not more than twenty;
(b) of the members not less than
two and not more than three shall be persons (not being producers of the
regulated produce) appointed by the Committee as being persons who are, in the
opinion of the Committee, qualified for appointment as having had experience
and shewn capacity in commerce, finance,
administration, public affairs or the organization of workers, or as being
specially conversant with the interests of consumers of the regulated produce;
(c) subject to the provisions of
the scheme as to the filling of casual vacancies on the board, the remaining
members shall –
(i) during
such period, not being longer than twelve months from the day on which the
scheme comes into force, as may be specified in the scheme, be persons named in
the scheme;
(ii) after
the expiration of the said period, be persons elected in accordance with the
scheme either by registered producers or by a body or bodies elected by such
producers in accordance with the scheme;
(d) the quorum of the board shall
be not less than sixty per centum of its members.
(2) Notwithstanding
anything contained in this Article, provision may be made in a scheme for the
board to act notwithstanding any vacancy in the membership thereof.
(3) In
this Article, the expression “consumers of the regulated produce”
means persons who purchase the produce, or commodities produced wholly or
partly therefrom, for their own consumption or use, and not persons who
purchase the produce, or such commodities as aforesaid, for the purpose of any
trade or industry carried out by them.
(4) Every
board so constituted shall be a body corporate and shall have the right to use
a special seal to authenticate its acts, contracts, agreements or other
instruments; to receive, acquire, hold and possess all personal and real
property of whatsoever nature or kind; to receive, hold and possess all such
gifts, bequests or devises of personal or real property as may to it be made;
to let, sell, transfer, hypothecate or otherwise deal with or dispose of any
such property; to appear in law before all courts and tribunals and to exercise
all such powers as may be conferred upon it by the scheme.
(5) Every
scheme shall require the board to appoint, from among its members, an executive
committee consisting of five members, at least one of whom shall be one of the
persons appointed by the Committee, shall provide for the delegation to the
said executive committee of all the functions of the board under the scheme,
except such functions, if any, as may be prescribed, and shall provide that the
quorum of the said executive committee shall be three.
(6) No
member of the board shall be persona lly responsible
for any loss or liability which may be incurred by the board or by any member
of the board or other person acting on behalf of the board.
(7) A
board shall have power to accept from any other person any grant to be applied
for any of the purposes for which the board is empowered to expend money.
(8) A
board –
(a) shall have power to negotiate
with any other person in respect of any matter concerning the marketing of the
regulated produce, or of any agricultural produce from which the regulated
produce is wholly or partly manufactured or derived, or of any commodity wholly
or partly manufactured or derived from the regulated produce, and to agree with
the other parties to the negotiations to bring into consultation in connexion therewith such persons as may be agreed between
the parties or, in default of agreement, nominated by the Committee;
(b) may pay the whole or any part
of the remuneration and expenses of any person whose function it is to advise
the board in connexion with the exercise of its
powers under the scheme, or who is brought into consultation in connexion with the negotiations entered into by the board
in pursuance of sub-paragraph (a) of
this paragraph.
ARTICLE 4
REGISTRATION OF PRODUCERS
(1) As
soon as may be after the approval of a scheme, other than a substitutional
scheme, the Committee shall, by order, make provision for the registration of
producers, and such order shall prescribe the conditions in which producers may
be exempted from registration.
(2) Registration
under a scheme of the name or style under which two or more persons carry on
business in partnership as producers shall operate as the registration of all
the partners for the time being, so, however, that for the purposes of those
provisions of this Law and of the scheme which relate to elections, polls and
voting at meetings, and to the assessment of contributions on registered
producers, all the partners shall be regarded as constituting together a single
registered producer.
(3) As
soon as may be after an order under paragraph (1) of this Article has been
made, the Committee shall publish a form of application for registration as a
producer under the scheme, together with a notice stating –
(a) the nature of the regulated
produce;
(b) the classes or descriptions
of producers which are exempted from registration and the procedure, if any, to
be adopted to secure exemption;
(c) that a poll of registered
producers, other than producers exempted from registration, is to be taken in
pursuance of this Law on the question whether the scheme shall remain in force;
(d) that no person shall be
entitled to vote on the poll aforesaid unless he is registered within the delay
specified in the notice, but that no person so registered will, if it is
decided as a result of the poll that the scheme shall not remain in force,
incur any financial liability by reason of his registration;
(e) that, if it is decided as a
result of the poll taken as aforesaid that the scheme shall remain in force,
every producer who is not registered or exempted from registration will be
prohibited from selling the regulated produce;
(f) the place and the price
at which copies of the scheme may be purchased;
(g) such other particulars as the
Committee may consider necessary.
(4) As
soon as practicable after any scheme, other than a substitutional
scheme, comes into force, the Committee shall send by post to every person whom
the Committee has reason to believe is a producer, being a person who is not
registered as a producer, a notice addressed to him at his last known address,
stating the particulars required to be stated in the notice published in
pursuance of paragraph (3) of this Article, together with a form of application
for registration.
(5) Notwithstanding
anything contained in the Agricultural Returns (Jersey) Law, 1947,
any returns made under that Law may be used for the purpose of sending to
producers the notice and form of application for registration required to be
sent in pursuance of paragraph (4) of this Article, and, accordingly, for
Article 3 of that Law there shall
be substituted the following Article –
“ARTICLE
3
No individual return or part of a return made under this Law shall
be used, published or disclosed, without the authority of the person making it
or of the occupier on whose behalf it is made, except –
(a) for the
purposes of the preparation by the Committee of agricultural statistics and the
publication thereof; or
(b) for the
purposes of a prosecution under this Law; or
(c) for the
purposes authorised by paragraph (5) of Article 4 of
the Agricultural Marketing (Jersey) Law, 1953.”
(6) The
Committee shall, as soon as practicable after the registration has been
completed, furnish to the board a list of registered producers and shall, from
time to time, inform the board of any changes in the registration.
(7) Every
register of producers shall be open for inspection at such times as may be
determined by the Committee, and the Committee shall furnish a copy of the
register or any part thereof to any person demanding it on payment of such fee
as may be so determined.
ARTICLE 5
POLLS AND MEETINGS
(1) In
respect of every scheme, other than a substitutional
scheme, the Committee shall, by order, provide that there shall be taken,
within such time as may be specified in the order, a poll of registered
producers (in this Law referred to as “the initial poll”) on the
question whether the scheme shall remain in force.
(2) If
the initial poll shows that there have voted in favour
of the scheme remaining in force –
(a) not less than two-thirds of
the total number of registered producers; and
(b) registered producers who are
capable of producing not less than two-thirds of the quantity of the regulated
produce which all the registered producers are capable of producing;
the provisions of the scheme, the operation of which is suspended
under the provisions of this Law until the expiration of the suspensory period, shall come into force at the expiration
of that period.
(3) Where
the requisite number of votes in favour of the scheme
remaining in force have not been polled, the scheme shall cease to have effect
at the date on which the result of the poll is declared and the provisions of
paragraph (7) of Article 7 of this Law shall apply as if the scheme had been
revoked.
(4) For
the purposes of this Article, a person who is registered as a producer
notwithstanding that he has been exempted from registration under the
provisions of the scheme shall not be deemed to be a registered producer.
(5) The
Committee shall, by order, provide for the manner in which polls shall be taken
by or on behalf of the Committee for the purposes of this Law and in
particular, but without prejudice to the generality of the foregoing
provisions, such an order –
(a) shall prescribe the
proportion of registered producers voting on a question which shall be
necessary to determine the question;
(b) may prescribe the manner in
which the quantity of the regulated produce which any registered producer is
capable of producing is to be determined for the purposes of the poll;
(c) may prescribe the information
relating to the regulated produce which is to be furnished if the vote of the
producer is to be accepted;
(d) shall prescribe the manner in
which the result of the poll is to be declared and announced.
(6) Every
scheme shall provide for the convening by the board of meetings of registered
producers for the discussion of questions which the board considers should be
discussed and shall also provide for the manner in which such meetings shall be
convened and conducted and a vote taken thereat.
(7) In
the case of a scheme regulating the marketing of two or more separate kinds or
descriptions of produce, this Article shall apply subject to the following
modifications, that is to say –
(a) references to a poll on the
question whether the scheme shall remain in force shall be construed as
references to a poll in respect of each kind or description of produce on the
question whether the scheme shall remain in force so far as it applies to
produce of that kind or description;
(b) the provisions of paragraphs
(2) and (3) of this Article shall apply, in relation to each poll, as if the
provisions of the scheme, so far as they apply to the produce in respect of
which the poll is taken, were a separate scheme.
(8) The
question whether any kind or description of produce is to be treated as a
separate kind or description of produce for the purposes of paragraph (7) of
this Article shall be determined by the provisions of the scheme.
ARTICLE 6
AMENDMENT OF SCHEMES AND SUBSTITUTIONAL SCHEMES
(1) A
board may make application to the Committee for the amendment of a scheme
administered by the board or may submit for approval a substitutional
scheme where –
(a) the amendment or the substitutional scheme has previously been published in the
prescribed manner to all registered producers; and
(b) in the case where a poll is
demanded within the prescribed time from the publication as aforesaid of the
amendment or the substitutional scheme by the
prescribed number or the prescribed proportion, as the case may be, of the
registered producers, on the question whether the amendment or the substitutional scheme shall be submitted to the Committee,
if the result of the poll on that question shows that the requisite majority of
registered producers has voted in favour of the
submission of the amendment or of the substitutional
scheme.
(2) Where
an application for the amendment of a scheme or the submission of a substitutional scheme is made in pursuance of paragraph (1)
of this Article, the provisions of paragraphs (2) to (7) inclusive of Article 2
of this Law shall apply in relation to the amendment or the substitutional
scheme as they apply in relation to a scheme, subject to the following
modifications, that is to say –
(a) the proviso to the said
paragraph (5) shall have effect as if for the word “promoters”, in
both places where that word occurs, there were substituted the word
“board”;
(b) the said paragraph (6) shall
have effect as if for the words “is satisfied that the scheme submitted
will conduce to the more efficient production and marketing of the regulated
produce” there were substituted the words “is satisfied that the
amendment will conduce to the more efficient operation of the scheme or that
the substitutional scheme will conduce to the more
efficient production and marketing of the regulated produce”.
(3) In
the case of the submission of a substitutional
scheme, the foregoing provisions of this Article shall apply in relation to
each scheme proposed to be revoked by the substitutional
scheme and to each board administering each such scheme.
(4) For
the purposes of the foregoing provisions of this Article, “requisite
majority” means –
(a) not less than two-thirds of
the total number of registered producers; and
(b) registered producers who are
capable of producing not less than two-thirds of the quantity of the regulated
produce which all the registered producers are capable of producing.
(5) Without
prejudice to any other powers conferred upon it by this Law, the Committee, if
of opinion that any provision of a scheme or any act or omission of a board is
contrary to the interests of consumers of the regulated produce, or is contrary
to the interests of a substantial number of persons affected by the scheme and
is not in the public interest, may recommend to the States that the scheme be
amended in such manner as may be specified in the recommendation, and the
States may, by Act, so amend the scheme and such amendment shall take effect on
the date prescribed by the Act:
Provided that the Committee, before making any recommendation to
the States as aforesaid, shall give notice in writing to the board of the
action which it proposes to take and shall take into consideration any
representations which the board may make within such delay (not being less than
two weeks) as may be specified in the notice.
ARTICLE 7
REVOCATION OF SCHEMES
(1) Where
a demand for a poll on the question whether a scheme shall be revoked is made
to the Committee in the prescribed manner by the prescribed number or the
prescribed proportion, as the case may be, of registered producers, the
Committee shall forthwith cause a poll of the registered producers to be taken
on the question:
Provided that the Committee may refuse to take a poll under this
paragraph –
(a) in the case of a scheme,
other than a substitutional scheme, within two years
from the date of the declaration of the result of the initial poll; and
(b) in the case of any scheme,
within the prescribed period from the date of the declaration of the result of
any previous poll taken under this paragraph.
(2) As
soon as practicable after the declaration of a poll taken under paragraph (1)
of this Article, the Committee shall communicate the result thereof to the
board, and if such result shows that there have voted in favour
of the revocation of the scheme –
(a) more than half the total
number of the registered producers; and
(b) registered producers who are
capable of producing more than half the quantity of the regulated produce which
all the registered producers are capable of producing;
the Committee shall, as soon as may be, recommend to the States
that the scheme be revoked, and the States may, by Act, revoke the scheme and
the revocation shall take effect on the date prescribed by the Act.
(3) A
scheme may be revoked by a subsequent scheme, and, where a scheme is so
revoked, the subsequent scheme may provide for the transfer to the new board of
the whole or any part of the property, rights and liabilities of the existing
board, for the continuation by or against the new board of any legal
proceedings pending by or against the existing board, and for the dissolution,
without winding-up, of the existing board.
(4) In
paragraph (3) of this Article, “new board” means the board
administering the subsequent scheme, and “existing board” means the
board administering the scheme revoked.
(5) Without
prejudice to any other powers conferred upon it by this Law, the Committee, if
of opinion that any provision of a scheme or any act or omission of a board is
contrary to the interests of consumers of the regulated produce, or is contrary
to the interest of a substantial number of persons affected by the scheme and
is not in the public interest, may recommend to the States that the scheme be
revoked, and the States may, by Act, revoke the scheme and such revocation
shall take effect on the date prescribed by the Act:
Provided that the Committee, before taking any action under this
paragraph, shall give notice in writing to the board of the action which it
proposes to take and shall take into consideration any representations which
the board may make within such delay (not being less than two weeks) as may be
specified in the notice.
(6) Where
an order is made for the winding-up of a board, the Committee shall recommend
to the States that the scheme be revoked, and the States may, by Act, revoke
the scheme and such revocation shall take effect on the date prescribed by the
Act.
(7) The
board administering a scheme shall not be deemed to be dissolved by reason only
that the scheme has been revoked and, except in a case where the board is
dissolved without winding-up under paragraph (3) of this Article, so much of
the scheme as relates to the winding-up of the board shall continue in force
notwithstanding the revocation of the scheme.
ARTICLE 8
MISCELLANEOUS PROVISIONS TO BE INCORPORATED IN SCHEMES
Every scheme shall provide for the following matters, that is to
say –
(a) for requiring that no sale of
the regulated produce shall be made by any producer who is not either a
registered producer or a producer exempted from registration;
(b) for exempting from all or any
of the provisions of the scheme producers and sales of such classes or
descriptions as may be prescribed or as may be determined by the board;
(c) for securing that any
producer who is aggrieved by any act or omission of the board may refer the
matter to one or more arbitrators appointed in such manner as may be prescribed
and for the manner in which such reference is to be heard and determined:
(d) for the establishment of a
fund (hereinafter referred to as “the fund”) to be administered and
controlled by the board and into which shall be paid all moneys received by the
board, and out of which shall be paid all moneys required by the board, for the
purposes of the scheme;
(e) for the payment by registered
producers of contributions to the fund of such amounts as may be necessary for
the purposes of the scheme and for the assessment of the contributions of
producers in such manner and subject to such limitations as may be prescribed;
(f) for the distribution to
registered producers, in such manner as may be prescribed, of all moneys
standing to the credit of the fund which are not required for the purposes of
the scheme;
(g) for empowering the board to
borrow money for the purpose of exercising its functions under the scheme;
(h) for the accounts to be kept
by the board and for the audit of such accounts;
(j) for the furnishing by
the board to the Committee and to registered producers, of accounts, returns
and other information, including an annual report, an annual balance sheet and
either an annual profit and loss account or, in the case of a board which does
not trade for profit, an annual income and expenditure account;
(k) for the furnishing by the
board of a copy of the balance sheet to any person demanding it on payment of
such fee as may be prescribed;
(l) for the manner in which
the moneys of the board may be invested;
(m) for a statement of the manner in
which any such moneys as aforesaid are invested to be included in the annual
report made in pursuance of sub-paragraph (j)
of this Article;
(n) for the removal from the
register of producers of the name of any person who has ceased to be a producer
or who is exempted from registration;
(o) for the removal by the
Committee from the register of producers of the name of any registered producer
who has been convicted, on two or more occasions, of a contravention of the
provisions of a scheme;
(p) for permitting the
representation of a registered producer or a deceased registered producer by
any person to whom the property in, or control of, the regulated produce
produced by him, or which would have been produced by him had he been living,
has been transferred by reason of his becoming subject to some legal disability
or having entered into an arrangement with his creditors or by reason of his
death or otherwise;
(q) for notification to the
Committee of the address of the office of the board at which communications and
notices shall at all reasonable times be received, and of any change in that
address:
Provided that, except in the case of a substitutional
scheme, the operation of the provisions of a scheme made in pursuance of
sub-paragraphs (a), (e) and (f) of this Article shall be suspended until the expiration of the suspensory period.
ARTICLE 9
PAYMENT OF COMPENSATION TO REGISTERED PRODUCERS
(1) Provision
shall be made by a scheme for compensation to be payable, under and in
accordance with the scheme, by the board to registered producers in such class
of cases as may be prescribed, and provision may be so made for empowering the board,in such class of cases as may be prescribed, to pay
compensation to registered producers in respect of any loss which, in the
opinion of the board, has been occasioned to such producers by the operation of
any scheme, whether administered by that board or not.
(2) That
operation of the provisions of a scheme made in pursuance of this Article
shall, except in the case of a substitutional scheme,
he suspended until the expiration of the suspensory
period.
ARTICLE 10
PROVISIONS AS TO WINDING-UP OF BOARDS
(1) Every
scheme shall provide for the manner in which the board is to be wound up.
(2) Where,
at the winding-up of a board, the assets of the board are more than sufficient
to discharge the debts and liabilities of the board, including the costs of the
winding-up, the surplus shall be distributed in such manner as may be
prescribed.
(3) Where,
at the winding-up of a board, the assets of the board are insufficient to
discharge the debts and liabilities of the board, including the costs of the
winding-up, then, every person who, at any time during the relevant period, was
a registered producer shall be liable to contribute to the deficit an amount
assessed in such manner and subject to such limitations as may be prescribed,
but, save as aforesaid, no person shall be liable to contribute to the assets
of the board in the winding-up by reason only of his being or having been a
registered producer or a member of the board.
(4) In
paragraph (3) of this Article, “relevant period” means –
(a) in a case where, before the
commencement of the winding-up, the scheme has been revoked, the year
immediately preceding the revocation of the scheme;
(b) in any other case, the year
immediately preceding the commencement of the winding-up.
ARTICLE 11
PROVISIONS WHICH MAY BE INCORPORATED IN SCHEMES
(1) A
scheme may provide for all or any of the following matters, that is to say
–
(a) for empowering the board to
buy the regulated produce, to produce such commodities from that produce as may
be prescribed, and to sell, grade, pack, store, adapt for sale, insure,
advertise and transport the regulated produce and any commodity so produced;
(b) for requiring registered
producers to sell the regulated produce, or any kind or description thereof as
may from time to time be determined by the board, only to or through the agency
of the board or to or through the agency of such persons as may be authorised by the board for that purpose;
(c) for empowering the board to
manufacture or acquire, and to sell or let for hire to registered producers and
other persons, or to buy anything required for the production, grading,
packing, storing, adaptation for sale, transport or sale of the regulated
produce;
(d) for empowering the board to
render to registered producers and other persons, on payment or otherwise, any
service which is calculated to promote the more efficient production, grading,
packing, storing, adaptation for sale, transport or sale of the regulated
produce;
(e) for empowering the board to
buy from the board administering another scheme under this Law any produce the
marketing of which is regulated by that scheme;
(f) for empowering the
board to manufacture or derive from anything bought under any provision
contained in the scheme by virtue of sub-paragraph (e) of this paragraph, any commodity which the board is authorized
to manufacture or derive from the regulated produce;
(g) for empowering the board to
sell, grade, pack, store, adapt for sale, insure, advertise and transport
anything bought, manufactured or derived by virtue of sub-paragraph (e) or (f) of this paragraph;
(h) for empowering the board to
exercise as agents for the board administering another scheme under this Law,
any power of that board to deal, in any manner specified in sub-paragraph (g) of this paragraph, with any produce
the marketing of which is regulated by that scheme;
(j) for empowering the
board to co-operate with any other person in doing anything which the board is
or may be empowered to do by virtue of sub-paragraph (a), (c), (d), (e),
(f), (g) or (h) of this
paragraph;
(k) for empowering the board to
do anything calculated to procure, promote or facilitate the doing by any other
person of anything in the doing of which the board is or might be empowered to
co-operate by virtue of sub-paragraph (j)
of this paragraph;
(l) for the determination
from time to time of –
(i) the
kinds or descriptions of the regulated produce, and the quantity of the
regulated produce or any kind or description thereof, which may be sold by
registered producers;
(ii) the
price at, below or above which, the terms on which, including the terms of any
contracts or agreements for the sale of the regulated produce which may be
entered into by registered producers, and the persons to or through the agency
of whom the regulated produce, or any kind or description or any quantity
thereof, may be sold as aforesaid:
Provided that the scheme shall either specify the method of
determination or require the board to prescribe it and, without prejudice to
the generality of the foregoing, the method of determination may be such as to
secure that the quantity, if any, which any particular registered producer may
sell is determined wholly or partly by reference to the quantity of that
produce or of that kind or description, as the case may be, which was, in some
past period, produced, sold or otherwise dealt with on particular land or
premises or by particular persons;
(m) for securing that, for all or any
of the purposes of the scheme and of this Law, the sale of any produce wholly
or partly manufactured or derived from the regulated produce shall be deemed to
be a sale of the regulated produce if the substance of the transaction between
the seller and the buyer is that the seller, being in possession of the
regulated produce, agrees to subject it or cause it to be subjected to some
process and to sell the resulting product to the buyer, and where, in the case
of any such scheme as aforesaid, the regulated produce is livestock of any
kind, then, without prejudice to the foregoing provisions of this
sub-paragraph, the scheme may provide for securing that, for all or any of the
purposes aforesaid, a person shall be deemed to sell the regulated produce if
he sells the carcases of any livestock produced by
him;
(n) for regulating the manner in
which the regulated produce, or any kind or description or any quantity
thereof, is to be graded by or on behalf of registered producers, or the manner
in which the regulated produce or any kind or description or any quantity
thereof, is to be marked, packed, stored, adapted for sale, insured, advertised
or transported by or on behalf of the registered producers;
(o) for empowering the board to
receive the whole or any part of any sums payable by purchasers of the
regulated produce in respect of the sale of that produce by registered
producers;
(p) for securing that any sums
received by virtue of sub-paragraph (o)
of this paragraph are distributed by the board to the sellers in such manner as
may be prescribed or as may be determined by the board;
(q) for empowering the board to
authorize in writing any person, for the purpose of securing compliance with
the scheme, to enter upon and inspect, at all reasonable times and upon
production of his authority, any part of the land or premises occupied by any
registered producer (being a producer specified in the authority) which the
person so authorized reasonably believes to be used for producing the regulated
produce or for doing any of the following things regulated by the scheme, that
is to say, grading, marking, packing or storing the regulated produce or
adapting it for sale;
(r) for requiring
registered producers to furnish to the board such estimates, returns, accounts
and other information relating to the regulated produce as the board may
specify in the requirement;
(s) for enabling the board
to encourge, promote or conduct schemes for
agricultural co-operation, education or research
(t) for empowering the
board to take such measures as it may consider necessary to encourage or
promote consumption of the regulated produce;
(u) for empowering the board to
grant licences to any persons to carry out on its
behalf any of the duties which may be entrusted to it by virtue of the
provisions of sub-paragraphs (a), (c), (e),
(f) and (g) of this paragraph:
Provided that a provision included in a scheme by virtue of
sub-paragraph (c) or sub-paragraph (d) of this paragraph shall be so framed
as to secure that the things sold or let for hire, and the services rendered,
are sold, let for hire or rendered, either exclusively or primarily, in such
circumstances as to be likely to be utilised, either
wholly or mainly, by, or in connexion with, the
regulated produce produced by registered producers and sub-paragraphs (j) and (k) of this paragraph shall be construed accordingly.
(2) Every
scheme may further provide for such matters incidental to or consequential on
the provisions of this Law relating to a scheme or necessary for giving effect
to those provisions.
(3) Every
scheme may provide for empowering the board to lend to any registered producer,
upon such security and upon such terms as to interest or otherwise as the board
may determine, a portion of the amount which the board estimates that such
registered producer will receive from the sale of any quantity of the regulated
produce produced or in the course of production by him.
(4) Every
scheme may provide for empowering the board, subject to such limitations as may
be prescribed –
(a) to lend or grant money to any
other board; and
(b) to guarantee payment by any
other board of any sums which that board may be liable to pay on account of
principal or interest in respect of any loan made to it;
and, in that event, may further provide for securing that any loan,
grant or guarantee not specifically authorized by the scheme shall not be made
or given by the board except in pursuance of a resolution of the board
specifying all material particulars relating to the proposed transaction, being
a resolution which has been previously notified to and approved by the
registered producers in accordance with such requirements in that behalf as may
be prescribed.
(5) Every
scheme may provide for empowering a board, in any case where a loan or grant is
proposed to be made to it, to agree with the person proposing to make the loan
or grant, as the case may be, and in the case of a loan, with any person
proposing to guarantee the repayment thereof, that if the loan or grant is duly
made or the guarantee duly given, the board will apply the money so obtained by
it subject to such conditions (including conditions as to the persons on whose
advice the board is to act in applying the said money) as may be specified in
the agreement.
(6) Where
a scheme provides for empowering a board to make such agreement as is specified
in paragraph (5) of this Article, the scheme –
(a) shall impose upon the board
the duty of carrying into effect any such agreement entered into by the board;
and
(b) may provide that where such
an agreement contains conditions requiring the board to act on the advice of
any specified persons, the provisions of the scheme made in pursuance of
sub-paragraph (c) of Article 8 of
this Law shall not apply in relation to anything done, or omitted to be done,
by the board in pursuance of the agreement.
(7) The
operation of all the provisions of a scheme made in pursuance of this Article
shall, except in the case of a substitutional scheme,
be suspended until the expiration of the suspensory
period.
ARTICLE 12
EFFECT OF SCHEMES ON CONTRACTS OR AGREEMENTS
(1) Subject
as hereinafter provided, a contract or agreement of which neither the making
nor the performance was, at the time when the contract or agreement was made,
prohibited by or under any scheme, shall not, unless the terms of the contract
or agreement otherwise provide, be void or unenforceable by reason that, at the
time for the performance of any provision of the contract or agreement, the
performance thereof is so prohibited:
Provided that, where the performance of any such contract or
agreement is prohibited by or under any scheme, this paragraph shall cease to
apply to that contract or agreement upon the expiration of three months after
the prohibition first takes effect, unless the contract or agreement is
registered under this Article.
(2) It
shall be the duty of the board, on the application of any party to such
contract or agreement as aforesaid, to register the contract or agreement
within the period of fourteen days after the application, unless –
(a) the application is made after
the time at which it is provided by the proviso to paragraph (1) of this
Article that that paragraph shall cease to apply to the contract or agreement;
or
(b) the board is of the opinion
that the contract or agreement was made with a view to evading the operation of
the scheme;
and if any party to the contract or agreement is aggrieved by the
omission of a board to register the contract or agreement within the period
aforesaid, he may, within twenty-one days after the expiration of that period,
appeal to the Inferior Number of the Royal Court, either in or out of term,
and, pending the determination of any such appeal, paragraph (1) of this
Article shall, notwithstanding anything in the proviso thereto, continue to
apply to the contract or agreement.
(3) On
any appeal under this Article, the board concerned and any party to the
contract or agreement may appear and be heard, and if, on the hearing of such
appeal, the Court finds –
(a) that the application for
registration of the contract or agreement was made before the time at which it
is provided by the proviso to paragraph (1) of this Article, that that
paragraph shall cease to apply to the contract or agreement; and
(b) that the contract or agreement
was not made with a view to evading the operation of the scheme;
the Court shall by order direct the registration of the contract or
agreement, and thereupon the contract or agreement shall be deemed to have been
registered as from the date of the order, but where the Court does not direct
the registration of the contract or agreement, any party thereto certified by
the Court to have entered into the contract or agreement in good faith and
without a view to the evasion of the operation of the scheme may recover the
amount of any damage suffered by him by reason of the avoidance of the contract
or agreement from any party certified by the Court to have entered into the
contract or agreement with a view to such evasion as aforesaid.
(4) Where,
in conformity with a scheme, any contract or agreement for the sale of the
regulated produce by a registered producer otherwise than to, or through the
agency of, the board purports to confer on the board any right to receive from
the purchaser the whole or any part of the purchase price payable under the
contract or agreement, or of any damages for which the purchaser may be liable
in respect of a wrongful rejection of articles tendered in accordance with the
contract or agreement, the board may enforce that right against the purchaser,
notwithstanding that the board is not a party to the contract or agreement and
notwithstanding that, as between the board and the purchaser, there is no
consideration.
(5) Where
any scheme provides –
(a) for requiring registered producers
to sell the regulated produce or any kind or description thereof only to, or
through the agency of, the board; or
(b) for the determination of the
quantity of the regulated produce or of any kind or description thereof which
may be sold by a registered producer;
then, notwithstanding anything in this Article contained, every
contract or agreement, whether made before or after the coming into force of
this Law, whereby a registered producer undertakes to sell, otherwise than to,
or through the agency of, the board, a quantity of any agricultural produce
determined by reference to the total quantity thereof from time to time
produced by the registered producer shall, if and in so far as the performance
of the contract or agreement is prohibited by or under the scheme, be void and
unenforceable:
Provided that nothing in this paragraph shall affect any cause of
action which has arisen before the coming into force of this Law.
(6) No
person shall be liable to any penalty in respect of a contravention of any
scheme, if he proves that the contravention was necessary for the performance
of a contract or agreement which, by reason of the foregoing provisions of this
Article, was not, at the time of the contravention, void or unenforceable.
ARTICLE 13
COMMISSIONS OF ENQUIRY
(1) The
Committee may, and when so required by the States, shall appoint a commission
of enquiry to report on the operation of a scheme in relation to –
(a) the effect of the scheme for
the time being in force on consumers of the regulated produce;
(b) any complaints made to the
Committee as to the effect of the scheme on consumers of the regulated produce;
or
(c) any complaints made to the
Committee as to the effect of the scheme on the persons affected thereby.
(2) The
Committee shall determine the terms of reference of any commission of enquiry
appointed under this Article and may prescribe rules governing the procedure of
the commission.
(3) The
Chairman of a commission of enquiry shall have power to administer oaths to
parties and witnesses appearing before the commission and the provisions of the
Law passed by the States on the seventh day of April, 1869, and confirmed by
Order of Her Majesty in Council of the thirteenth day of May, 1869, entitled
“Reglement substitutant
dans les cas de conscience,
l’affirmation solennelle
au serment judiciare”
shall apply to all proceedings under this Article.
(4) Subject
to the approval of the Committee, a commission of enquiry under this Article
may appoint a secretary and such other officers as it may consider necessary to
enable it to carry out the duties entrusted to it by the Committee and there
shall be paid to the persons so appointed such remuneration as the Committee
may determine.
(5) A
commission of enquiry may, in the performance of its duties under this Article,
obtain the advice and assistance of competent persons and there shall be paid
to such persons such remuneration as the Committee may determine.
(6) For
the purposes of enabling any commission of enquiry appointed under this Article
to consider any matter which it is required by its terms of reference to
consider, the board shall furnish the commission with such accounts and other
information relating to the affairs of the board as the commission may require.
(7) The
board may make representations to a commission of enquiry in relation to the
matters under consideration, in such manner as the Committee may determine.
(8) The
report of a commission of enquiry shall be submitted to the Committee in
writing and, where the commission has been appointed on the requirement of the
States, the Committee shall, as soon as may be, lay the report before the
States.
(9) Where,
in the opinion of the Committee, the report of a commission of enquiry shows
that a rectification of the scheme is necessary for any of the reasons
mentioned in paragraph (5) of Article 7 of this Law and where it is within the
power of the board to effect such rectification, the Committee may direct the
board to take such steps to rectify the matter as may be specified in the direction
and, thereupon, it shall be the duty of the board forthwith to comply with the
direction:
Provided that the Committee, before taking any action under this
paragraph, shall give notice to the board of the action which it is proposed to
take and shall take into consideration any representations which the board may
make within such delay (not being less than two weeks) as may be specified in
the notice.
(10) In
considering, for the purposes of this Article, whether any person is a consumer
of the regulated produce, or whether the provisions of a scheme or any act or
omission of the board is contrary to the interests of consumers of the
regulated produce, regard shall be had to the interests of persons who purchase
the produce, or commodities wholly or partly manufactured or derived therefrom,
for their own consumption or use, and not to the interests of persons who
purchase the produce, or such commodities as aforesaid, for the purpose of any
trade or industry carried on by them.
ARTICLE 14
DIRECTIONS BY COMMITTEE TO BOARDS
(1) This
Article shall have effect in relation to any powers exercisable by the board
administering a scheme by virtue of any provisions of the scheme providing for
any of the following matters, that is to say –
(a) for empowering the board to
buy the regulated produce, to produce commodities from that produce and to sell
the regulated produce and any commodity so produced by the board;
(b) for the determination from
time to time –
(i) of
the quantity of the regulated produce, or of any description thereof, which may
be sold by any registered producer;
(ii) of
the descriptions of the regulated produce which may be sold by any registered
producer;
(iii) of the
price at, below or above which, the terms on which, and the persons to whom,
the regulated produce, or any description or quantity thereof, may be sold by
any registered producer;
and references in the following provisions of this Article to acts
or omissions of the board shall be construed as references to acts or omissions
of the board in the exercise of any of the said powers.
(2) Subject
to the provisions of this Article, if it appears to the Committee that the
result, or one of the results, of any act or omission of the board, or intended
act or omission of the board, is or will be any one of the following –
(a) to restrict the purposes for
which the regulated produce, or any description thereof, is used, or to limit
the quantity of the regulated produce, or of any description thereof, which is
used for any particular purpose;
(b) to limit the quantity of the
regulated produce, or of any description thereof, or of any commodity produced
therefrom, which is produced or sold, whether by registered producers or by
other persons;
(c) to regulate the price at
which the regulated produce, or any description or quantity thereof, or any
commodity produced therefrom, is sold, whether by registered producers or by
other persons;
(d) to limit the classes of
persons to whom, or through the agency of whom, the regulated produce, or any
description or quantity thereof, or any commodity produced therefrom is sold,
whether by registered producers or by other persons;
and that that result is or will be contrary to the public interest,
the Committee may give to the board such directions as to its acts or omissions
as the Committee considers necessary or expedient for the purpose of preventing
that result, or preventing or mitigating the damage to the public interest
entailed thereby, as the case may be, and it shall be the duty of the board to
comply with the directions:
Provided that nothing in this paragraph shall be construed as
authorizing or requiring the board to do anything which it has no power to do
under the scheme.
(3) Before
giving any directions under paragraph (2) of this Article, the Committee shall
give to the board notice in writing stating the general nature of the action
which it proposes to take and of its reasons for taking it, and the Committee
shall not give any directions under that paragraph for at least twenty-eight
days from the date of the notice and if, within the said period of twenty-eight
days, or such longer period as the Committee may allow, the board requests that
the question whether or not any such act or omission or intended act or
omission of the board as is referred to in the notice has or will have any of
the results specified in sub-paragraphs (a)
to (d) of the said paragraph (2) and,
if so, whether or not that result is or will be contrary to the public
interest, should be referred to a commission of enquiry, the Committee shall
refer that question to a commission of enquiry accordingly and shall not give
any directions under that paragraph until it has considered the report of the
commission.
(4) Where
a question has been referred to a commission of enquiry under paragraph (3) of
this Article, it shall be the duty of the commission to consider that question
and to report to the Committee thereon, and the Committee, on receiving the
report, shall forthwith publish the conclusions of the commission in such
manner as it thinks fit, shall consider the report and may then give such
directions, if any, under paragraph (2) of this Article as it thinks fit:
Provided that the Committee shall not give any such directions
except after consulting the board and shall not in any event give such
directions unless either –
(a) the commission reports that
the relevant act or omission, or intended act or omission, of the board has or
will have any such result as is specified in sub-paragraphs (a) to (d) of the said paragraph (2) and that that result is or will be
contrary to the public interest; or
(b) the relevant act or omission,
or intended act or omission, of the board relates to agricultural produce or to
a commodity produced therefrom.
(5) The
Committee may, at any time, after consultation with the board concerned –
(a) revoke the whole or part of
any directions in force under paragraph (2) of this Article; or
(b) vary or add to those
directions in any manner which it thinks necessary or expedient in order better
to attain the purposes for which those directions were given:
Provided that, except with the consent of the board, the Committee
shall not vary or add to any directions under sub-paragraph (b) of this paragraph where, in its
opinion, the need for the variation or addition arose from circumstances not
obtaining at the date when the directions were given.
(6) Any
directions given under any of the provisions of this Article shall state the
general nature of the reasons for which they are given.
(7) The
provisions of Article 13 of this Law shall apply, with the necessary
modifications, to commissions of enquiry appointed by the Committee under this
Article.
ARTICLE 15
TEMPORARY DIRECTIONS BY COMMITTEE
(1) Where
the Committee –
(a) serves any such notice as is
referred to in paragraph (3) of Article 14 of this Law; or
(b) directs, under Article 13 of
this Law, a commission of enquiry to consider any complaint made to the
Committee as to the operation of any scheme;
the Committee, if it considers it necessary to take immediate
action for the purpose of preventing injury to the public interest from any
change made, or intended to be made, by the board in its course of action in
any matter which is relevant to the subject of the notice or, as the case may
be, of the complaint, may, at or after the time of the giving of the notice or
direction, give to the board such temporary directions as to its course of
action in that matter as the Committee may think necessary for that purpose,
and it shall be the duty of the board to comply with the directions:
Provided that nothing in this paragraph shall be construed as
authorizing or requiring the board to do anything which it has no power to do
under the scheme.
(2) Temporary
directions under this Article given by the Committee in connexion
with the serving of such a notice as is referred to in paragraph (3) of Article
14 of this Law shall be limited so as to expire on such date as may be
specified in the directions, being a date not later than four months from the
date of the giving thereof:
Provided that if there is any such reference to a commission of
enquiry as is provided for by the said Article 14 and, on the date so specified
in the directions, not more than three months have elapsed since the
publication by the Committee of the conclusions of that commission of enquiry,
then, subject to the following provisions of this Article, the temporary
directions shall not expire until the termination of the said period of three
months.
(3) Temporary
directions given under this Article in connexion with
a direction given by the Committee to a commission of enquiry under Article 13
of this Law shall be limited so as to expire not later than twenty-eight days
after the date on which the Committee gives to the board such notice of the
action which it intends to take as is required by the proviso to paragraph (9)
of that Article; and where temporary directions are given under this Article,
in connexion with such a direction as aforesaid, to a
commission of enquiry, it shall be the duty of the Committee, not later than
two months after the publication by the Committee of the conclusions of the
commission, either to give such a notice or to revoke the temporary directions.
(4) The
Committee may revoke or vary any temporary directions given under this Article
but not so as to extend the operation thereof beyond the periods prescribed by
paragraphs (2) and (3) of this Article.
(5) Temporary
directions under this Article shall state the general nature of the reasons for
which they are given.
ARTICLE 16
REGULATION OF EXPORTATION OF HOME-PRODUCED AGRICULTURAL PRODUCE
(1) Subject
as hereinafter provided, where the Committee is satisfied that it is necessary
or expedient so to do for the protection, encouragement or better regulation of
the export trade, the Committee may, by order, provide for the control of the
exportation of any agricultural produce, so, however, that nothing in an order
under this Article shall apply to any produce in so far as it is produced
outside the Island.
(2) Without
prejudice to the generality of the foregoing provisions of this Article, any
order thereunder may include provisions –
(a) for ensuring that the
agricultural produce to which it relates is free of disease, of good quality,
properly graded and suitable for export:
(b) for the inspection of such
agricultural produce;
(c) prescribing the prices at,
below or above which such agricultural produce, or any kind or description
thereof, may be sold;
(d) determining the kinds or
descriptions of such agricultural produce which may be exported;
(e) for diminishing the
disadvantages which might result from a superfluity upon the market of such
agricultural produce; and
(f) for ensuring the proper
administration and enforcement of the order.
(3) The
Committee shall not make an order under this Article in relation to any
agricultural produce in respect of which there is in force a scheme under this
Law until after consultation with the board administering that scheme.
ARTICLE 17
REGULATION OF INTERNAL MARKETING OF HOME-PRODUCED AGRICUTURAL
PRODUCE
(1) Subject
as hereinafter provided, where the Committee is satisfied that it is necessary
or expedient so to do for the efficient organisation
or development of any branch of the agricultural industry of the Island, or for
securing the economic stability of any branch of that industry, the Committee
may, by order, provide for the control of the marketing of the agricultural
produce, or of any commodity wholly or partly manufactured or derived
therefrom, specified in the order, so, however, that nothing in an order under
this Article shall apply to any produce in so far is it is produced outside the
Island.
(2) Without
prejudice to the generality of the foregoing provisions of this Article, any
order thereunder may include provisions –
(a) for ensuring that the
agricultural produce or the commodity to which it relates is free of desease, of good quality, properly graded and fit for human
consumption;
(b) for the inspection of such
agricultural produce or commodity;
(c) prescribing the prices at,
below or above, which such agricultural produce or commodity, or any kind or
description thereof, may be sold;
(d) determining the quantity of
such agricultural produce or commodity, or of any kind or description thereof,
which may be bought or sold;
(e) determining the kinds or
descriptions of such agricultural produce or commodity which may be bought or
sold;
(f) for ensuring the proper
administration and enforcement of the order.
(3) In
deciding whether an order shall be made under this Article, and in determining
the provisions of an order so to be made, the Committee shall have regard to
the interests of consumers of the agricultural produce, or of any commodity as
aforesaid, to which the order is to relate and, for the purposes of this
paragraph, consumers shall be deemed to include persons who purchase such
agricultural produce for the purpose of subjecting it to any treatment or
process of manufacure.
(4) The
Committee shall not make an order under this Article in relation to any
agricultural produce in respect of which there is in force a scheme under this
Law until after consultation with the board administering that scheme.
ARTICLE 18
FURNISHING OF INFORMATION
(1) The
Committee may, for the purpose of deciding whether any order should be made
under Article 16 or 17 of this Law, or whether any such order should be amended
or revoked, by order, require the occupier of any premises used by way of trade
for the storage of that produce, or of any specified commodity wholly or partly
manufactured or derived therefrom , or of any specified kind or description of
that produce or of such commodity as aforesaid, to make to the Committee, so
often, and in such form and manner, as may be prescribed by the order, a return
shewing the quantity of that produce or commodity or
of that kind or description thereof, as the case may be, which was stored in
the premises on any specified day or during any specified period.
(2) An
order under this Article may be made so as to apply either to all such premises
as aforesaid or to any specified class of such premises.
ARTICLE 19
PROVISIONS RELATING TO ORDERS
(1) Every
order made under this Law –
(a) shall come into force on the date
prescribed thereby;
(b) may be amended or revoked by
a subsequent order;
(c) shall remain in force until
revoked; and
(d) shall be laid before the
States as soon as may be after it is made, and if the States, within the period
of twenty-one days beginning with the day on which any such order is laid
before them, resolve that it be annulled, it shall cease to have effect but
without prejudice to anything previously done thereunder or to the making of
any new order.
(2) The
Greffier of the States shall cause every order made
under this Law to be printed and shall cause to be published a notice stating
that the order has been made, the date of the coming into force thereof and the
place at which printed copies thereof may be purchased.
ARTICLE 20
PUBLICATION OF NOTICES
Notices required to be published in pursuance of this Law shall be
published in two newspapers circulating in the Island, one being a publication
in French and the other a publication in English.
ARTICLE 21
PAYMENT OF EXPENSES
All expenses incurred by the Committee under this Law shall be
defrayed out of the General Revenues of the States.
ARTICLE 22
RESTRICTIONS ON DISCLOSING INFORMATION
(1) No
person shall disclose any information obtained by him in virtue of powers
conferred upon him under this Law or under any scheme or order made thereunder
to any person other than the authority by whom he was empowered to obtain that
information.
(2) No
information in relation to any undertaking, other than the undertaking of a
board, shall, without the consent in writing of the owner of the undertaking,
be included in any report laid before the States upon the operation of any
scheme.
(3) Nothing
in this Article shall be deemed to prohibit the disclosure of any information
in so far as it is required to be disclosed for the purposes of legal
proceedings (including arbitrations) under this Law or any other scheme made
thereunder, or for the purpose of any report of such proceedings, or in so far
as the disclosure is required or authorized by this Law or any scheme made
thereunder.
ARTICLE 23
OFFENCES
(1) If
any person –
(a) sells or offers to sell or
invites an offer to buy any regulated produce in contravention of the
provisions of any scheme or of any order made under this Law; or
(b) acts in contravention of the
terms and conditions of a licence granted to him
under the provisions of any scheme or of any order made under this Law; or
(c) for any of the purposes of
this Law or of any scheme or order made thereunder makes any statement which he
knows to be false in a material particular or recklessly makes any statement
which is false in a material particular; or
(d) refuses or neglects to
furnish any return or information which under this Law or under any scheme or
order made thereunder, is required to be furnished, within such time and in
such manner as may be so required, or knowingly furnishes any return or
information so required which is false in a material particular; or
(e) fraudulently alters or uses
or permits to be fraudulently used any licence
granted under the provisions of any scheme or of any order made under this Law;
or
(f) hinders or obstructs
any person in the exercise of his powers or duties under this Law or under any
scheme or order made thereunder; or
(g) acts in contravention of any
of the provisions of this Law;
he shall for each offence be liable to imprisonment for a term not
exceeding six months, or to a fine not exceeding two hundred pounds sterling,
or to both such imprisonment and such fine.
(2) Provision
may be made by any scheme or order under this Law for the recovery of monetary
penalties in respect of any offence under this Law, being a contravention of
any provision of the scheme or order, so, however, that such penalties shall
not exceed twenty-five pounds sterling for each offence or, where the offence
consists of continuing any such contravention, twenty-five pounds sterling
together with a further ten pounds sterling for each day on which it is so
continued.
(3) Where
any offence under this Law committed by a body corporate is proved to have been
committed with the consent or approval of any director, manager, secretary or
other officer of that body corporate, he, as well as the body corporate, shall
be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
ARTICLE 24
TREATIES ETC. TO PREVAIL
Where there is any conflict or inconsistency between the provisions
of this Law and the provisions of any treaty, convention or agreement
applicable to the Island and for the time being in force between Her Majesty
and any foreign power or between Her Majesty’s Government in the United
Kingdom and the Government of any other country, or with any agreement for the
time being in force between the States and the Government of any other country,
the provisions of such treaty, convention or agreement shall prevail.
ARTICLE 25
SAVING OF POWERS
Nothing in this Law shall be construed as derogating in any way
from the powers conferred by or under any other enactment.
ARTICLE 26
SHORT TITLE
This Law may be
cited as the Agricultural Marketing (Jersey) Law, 1953.
To be printed, published and posted.
F. DE L. BOIS,
Greffier of the States.