Jersey Law 15/1965
“AGRICULTURE (GUARANTEED PRICES AND FINANCIAL ASSISTANCE)
(JERSEY) LAW, 1965”,
CONFIRMÉ PAR
Ordre de Sa Majesté en Conseil
en date du 3
août 1965.
____________
(Enregistré le 10 septembre
1965).
|
ARRANGEMENT OF
ARTICLES.
|
|
____________
|
|
Article
|
|
PART I
|
|
INTRODUCTORY
|
|
1.
|
Interpretation
|
|
2.
|
Provisions as to schemes
|
|
PART II
|
|
GUARANTEED PRICES
|
|
3.
|
Power to provide guaranteed prices
|
|
4.
|
Power to provide for protection of guarantees
|
|
PART III
|
|
AGRICULTURAL GRANTS
|
|
5.
|
Grants in respect of improvements
|
|
6.
|
Grants for promotion of efficient marketing
|
|
7.
|
Power to prescribe standard costs
|
|
8.
|
Revocation of approval
|
|
9.
|
Supplementary provisions as to grants under Articles 5 and
6
|
|
10.
|
Grants in respect of the use of fertilizers
|
|
11.
|
Grants in respect of controlling infestation of land and
crops
|
|
12.
|
Grants in respect of grassland renovation
|
|
13.
|
Recovery of grants
|
|
14.
|
Power of recovery in the event of excessive price
|
|
PART IV
|
|
GENERAL
|
|
15.
|
Power of inspection and sampling
|
|
16.
|
Power to obtain information
|
|
17.
|
Offences
|
|
18.
|
Variation of Schedules
|
|
19.
|
Repeals and transitional
provision
|
|
20.
|
Short title
|
|
First Schedule
|
|
Second Schedule
|
AGRICULTURE (GUARANTEED PRICES AND FINANCIAL ASSISTANCE) (JERSEY)
LAW, 1965.
____________
A LAW to
provide for guaranteed prices for agricultural produce, and for affording
financial assistance to the agricultural industry, sanctioned by Order of Her
Majesty in Council of the
3rd day of AUGUST, 1965.
____________
(Registered on the 10th day of
September, 1965).
____________
STATES OF JERSEY.
____________
The 10th day of
November, 1964.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
PART I
INTRODUCTORY
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“agricultural holding” means land occupied as a unit
for the purposes of agriculture, including –
(a) any
dwelling-house or other building occupied by the same person for the purpose of
farming the land; and
(b) any
other land, in the occupation of the same person, falling within the definition
of agricultural land in this Law;
“agricultural land” means land, including land under
glass, used, by way of trade or business, for purposes of agriculture;
“agriculture” includes horticulture, fruit growing,
seed growing, dairy farming and livestock breeding and keeping, the use of land
as grazing land, meadow land, market gardens and nursery grounds, and the use
of land as woodlands where that use is ancillary to the farming of the land for
other agricultural purposes, and the expression “agricultural”
shall be construed accordingly;
“approved” in relation to any scheme, means approved by
the Committee for the purposes of the scheme;
“the Committee” means the Committee of Agriculture;
“contravention” includes failure to comply;
“description” includes quality;
“fertilizer” includes any approved material for
improving the fertility or condition of the soil;
“functions” includes powers and duties;
“infested” in relation to agricultural land, means
infested with a specified pest, and includes infestation of crops;
“livestock” includes any creature kept for the
production of food, wool, hides or fur, or for the purpose of its use in the farming
of land;
“marketing scheme” means a scheme within the meaning of
the Agricultural Marketing (Jersey) Law, 1953;
“occupier” in relation to a scheme, means an occupier
of agricultural land to which the scheme applies;
“owner” in relation to a scheme, includes a
usufructuary, the husband of a ‘feme coverte’, the guardian of an
infant, the curator of a person under interdiction and any other legal personal
representative;
“pest” includes any bacterium, fungus or other animal
or vegetable organism, and any virus or other agent, causative of a
transmissible crop disease;
“preparation for market” does not include canning,
bottling, pulping or cooking, or preserving by sterilising, freezing or
de-hydrating, or by heat, or by any chemical process;
“prescribe” means prescribe by order;
“produce” means crops or horticultural produce,
livestock or the produce of any kind of animal husbandry, including the
carcase, hide, wool or fur of animals, bacon, and butter, cheese or other dairy
produce;
“producer” means a person who grows, in the Island,
produce for sale;
“scheme” means a scheme made under the provisions of
this Law;
“specified” in relation to a scheme, means specified in
the scheme.
(2) In
this Law, the expression “producers’ marketing business”
means a business carried on by a co-operative association and consisting of the
storage, preparation for market or marketing of produce grown by producers who
are members of the association, and the expression “co-operative
association” means –
(a) any body of producers
registered by virtue of a marketing scheme; or
(b) any other body of
producers, whether a body corporate or not, which has a written constitution
from which the Committee is satisfied, having regard to the provision made as
to the manner in which the profits of the body are to be applied for the
benefit of its members and all other relevant provisions, that the body is in
substance a co-operative association the primary purpose of which, so far as
concerns the storage, preparation for market or marketing of produce, is to
assist producers.
(3) References
in this Law to any other enactment shall be construed as references thereto as
amended, and as including references thereto as extended by or under any other
enactment.
ARTICLE 2
PROVISIONS AS TO SCHEMES
(1) Every
scheme shall include a provision limiting the aggregate amount of all the
payments to be made under the scheme in any calendar year.
(2) Every
scheme shall be submitted to the States for approval and shall not come into
effect until after it has been so approved.
(3) Subject
to the provisions of paragraph (2) of this Article, the Committee may vary or
revoke a scheme.
(4) Every
scheme shall contain all such provisions as the Committee may think necessary
or expedient for the purposes of the scheme and for the proper administration
thereof, and in particular but without prejudice to the generality of the
foregoing provisions of this paragraph and to the following provisions of this
Law, a scheme may provide –
(a) for the payment of
contributions or grants to be made by instalments over such period as may be
specified;
(b) for the payment of
contributions or grants, or of instalments thereof, to be subject to compliance
with such conditions as may be specified, or as the Committee may think fit to
impose;
(c) for the modification
from time to time, with the approval of the Committee, of a proposed
improvement or a proposal in respect of which a contribution or grant may be
made under the scheme;
(d) for promoting economy
in the carrying out of any improvement or of any proposal, or in the use of any
approved fertilizer or approved material, in respect of which a contribution or
grant may be made under the scheme.
(5) A
scheme under this Part of this Law shall provide that where, in contravention
of the provisions of the scheme, produce in respect of which a payment under
the scheme has been made is exported, the person by whom such produce is
exported shall, without prejudice to any proceedings in respect of the
contravention and to any penalty imposed therefor, refund the amount of such
payment in respect of the quantity of such produce so exported.
PART II
GUARANTEED PRICES
ARTICLE 3
POWER TO PROVIDE GUARANTEED PRICES
(1) The
Committee may make schemes for providing for the payment of guaranteed prices to
producers for any produce mentioned in the First Schedule to this Law:
Provided that a scheme under this Part of this Law shall not apply
to produce grown or produced for export, or exported.
(2) Without
prejudice to the generality of the provision of Article 2 of this Law, a scheme
under this Part of this Law may provide –
(a) for the payment by the
Committee to a board administering a marketing scheme in respect of the produce
to which the scheme applies of sums calculated by reference to the difference
between the value at guaranteed prices, determined by the Committee in
pursuance of the scheme, of the produce sold by the board and the receipts of
the board, ascertained for the purposes of the scheme, from the sale of the
produce;
(b) for the payment by the
Committee to producers of the produce to which the scheme applies, or to such
other persons as may be specified, of sums calculated by reference to the
difference between guaranteed prices, determined by the Committee in pursuance
of the scheme, and prices, ascertained or estimated for the purposes of the
scheme, as the prices received or to be received on the sale of the produce;
(c) for the purchase by the
Committee, or by the board administering a marketing scheme in respect of the
produce to which the scheme applies, at guaranteed prices determined by the
Committee in pursuance of the scheme, of any of the produce tendered by
producers, and, in the case of purchase by any such board, for the payment by
the Committee of the whole or part of any trading loss incurred or treated as
incurred by the board on the purchase and disposal of the produce.
(3) Subject
to the provisions of this Article, any guaranteed price to be determined by the
Committee in pursuance of a scheme under this Part of this Law shall be
determined from time to time in respect of such guarantee periods, being
periods of or of approximately twelve months as may be specified, and any such
guaranteed price may be determined by reference to the prices paid to persons
producing similar produce imported into the Island, or in such other manner,
being a specified manner, as the Committee may think to be just and equitable.
(4) Subject
to the provisions of paragraph (3) of Article 2 of this Law, a guaranteed price
determined by the Committee for a guarantee period in pursuance of a scheme
under this Part of this Law may be varied by a subsequent determination by the
Committee.
(5) A
scheme under this Part of this Law may be made so as to apply only to specified
descriptions or to specified quantities of produce, and may make different
provisions, including in particular provisions for the determination of
different guaranteed prices, in respect of different descriptions or different
quantities of produce, and, without prejudice to the generality of the
foregoing provisions of this paragraph, produce may be distinguished for the
purposes of this paragraph by reference –
(a) to the season of the year in
which it is produced, sold or despatched or delivered on sale ;
(b) to the purposes for which it
is sold or used ;
(c) to the methods by which it is
marketed, including the place at which it is delivered on sale.
(6) Where
the dates of specified guarantee periods are subsequently varied, provision may
be made for the duration of the first guarantee period under the scheme as
varied, or of the last previous guarantee period, to be shortened or extended
as may be specified.
ARTICLE 4
POWER TO PROVIDE FOR PROTECTION OF GUARANTEES
(1) For
the purpose of supporting any arrangements in force by virtue of a scheme under
this Part of this Law, and, in particular, of securing that payments, whether
made by the Committee or by a board administering a marketing scheme to which
payments are so made under the scheme, are made only in proper cases, provision
may be made in the scheme –
(a) for requiring that produce to
which the scheme applies, being produce eligible for such payments as
aforesaid, or produce of any class or description which includes produce
eligible for such payments, shall be marked in such circumstances, in such
manner, and by or under the supervision of such person, as may be specified ;
(b) for prohibiting the removal from any place
where produce is required to be marked in pursuance of the scheme of any
produce to which the scheme applies which has not been so marked ;
(c) for requiring the keeping and
production by producers, merchants or other persons of books, accounts or
records relating to the sale, purchase or use of produce to which the scheme
applies.
(2) Without
prejudice to the generality of the provisions of Article 2 of this Law, a
scheme under this Part of this Law which applies –
(a) to livestock, may prohibit
the use for breeding or for milking of any livestock marked as eligible for
payments under the scheme ;
(b) to potatoes, may prohibit
–
(i) the
sale or use for human consumption, including use in the preparation of food for
human consumption ;
(ii) the
sale or use for planting ;
of potatoes purchased by the Committee, or by any board
administering a marketing scheme, in pursuance of a scheme made under this Part
of this Law and sold by the Committee or the board, as the case may be, as
stockfeed.
PART III
AGRICULTURAL GRANTS
ARTICLE 5
GRANTS IN RESPECT OF IMPROVEMENTS
(1) The
Committee may make a scheme to provide for the making of grants towards the
cost of carrying out improvements of a kind mentioned in the Second Schedule to
this Law, being improvements designed to increase the efficiency of
agricultural holdings.
(2) An
application for a grant under a scheme made in pursuance of paragraph (1) of
this Article may be made by the person carrying on the agricultural holding or
by the owner thereof, and every such application shall contain all such
particulars as the Committee may require.
(3) Subject
to the provisions of paragraph (4) of this Article, the Committee may, as it
thinks fit, either approve or refuse an application under paragraph (2) of this
Article, or may approve an application in whole or in part and subject to such
conditions as the Committee may think fit to impose.
(4) The
Committee shall not approve any application as aforesaid in any case where the
Committee is not satisfied that –
(a) the land in respect of which
the application is made is agricultural land occupied together with buildings,
and is capable of yielding a sufficient livelihood to an occupier skilled in
husbandry, or will be capable of so doing as a result of the improvements to
which the application relates ;
(b) the cost of the improvement
to which the application relates will not be unreasonably high in relation to
the benefit to be derived therefrom ;
(c) the improvement to which the
application relates is of such a nature that a prudent landlord, having regard
to the cost and to all other circumstances, would be willing to make it
himself, or to pay compensation to a tenant for making it ;
(d) the improvement will be
carried out in a satisfactory manner and within a reasonable time ;
(e) in a case where application
in respect of an improvement is made otherwise than by the owner of the agricultural
holding, the applicant has sufficient security of tenure of the holding.
ARTICLE 6
GRANTS FOR PROMOTION OF EFFICIENT MARKETING
(1) The
Committee may make schemes to provide for the payment of grants towards the
cost –
(a) of carrying out approved proposals
–
(i) for
expanding, or increasing the efficiency of, an existing producers’
marketing business ;
(ii) in
connexion with the initial operation of a newly-established producers’
marketing business ;
(iii) for
the provision of specified facilities for the preparation for market or
transport of produce in the course of a producers’ marketing business ;
(b) of carrying out research in
connexion with promoting the efficient marketing of produce ;
(c) of making the result of such
research available to producers.
(2) The
reference in sub-paragraph (a) (ii)
of paragraph (1) of this Article to the initial operation of a producers’
marketing business shall be construed, in relation to any matter dealt with in
proposals submitted for approval, as a reference to the operation of the
business during such period ending not later than two years after the
establishment of the business as is mentioned in relation to that matter in the
proposals.
(3) An
application for a grant under a scheme made in pursuance of paragraph (1) of
this Article shall contain all such particulars as the Committee may require.
(4) Subject
to the provisions of paragraph (5) of this Article, the Committee may, as it
thinks fit, either approve or refuse an application under a scheme as aforesaid,
or may approve an application in whole or in part and subject to such
conditions as the Committee may think fit to impose.
(5) The
Committee shall not approve any application under a scheme as aforesaid in any
case where it is not satisfied that –
(a) the cost of carrying out the
proposals will not be unreasonably high in relation to the benefit to be
derived therefrom ;
(b) the constitution of the
co-operative association contains provisions designed to secure that a
sufficient proportion of the produce grown by a member of the association is
made available by him for marketing by the association.
ARTICLE 7
POWER TO PRESCRIBE STANDARD COSTS
(1) The
Committee may prescribe a standard cost for any operation falling within
Article 5 or sub-paragraph (a) (iii)
of Article 6 of this Law, and, where the cost of carrying out any such
operation, calculated by reference to a standard cost so prescribed, is less
than the actual or estimated cost of carrying out that operation as stated in
the application for payment of a grant in respect thereof, the cost of carrying
out the operation shall, for the purposes of any such payment, be deemed to be
the cost thereof calculated by reference to such standard cost :
Provided that a standard cost prescribed under the provisions of
this Article shall not apply to any operation the carrying out of which was
approved before the day on which such standard cost comes into effect.
(2) The
provisions of the Subordinate Legislation (Jersey) Law, 1960, shall apply to orders made under this article.
ARTICLE 8
REVOCATION OF APPROVAL
(1) Where,
after the Committee has approved an application for the payment of a grant
under a scheme made in pursuance of Article 5 or 6 of this Law, it appears to
the Committee that –
(a) the work required for making
the improvement has been badly done, or has been or is being unreasonably
delayed, or is unlikely to be completed ; or
(b) an agricultural holding or,
as the case may be, a producers’ marketing business has ceased to be
carried on as such ; or
(c) any condition imposed by the
Committee in relation to its approval has not been, or will not be, complied
with ; or
(d) the applicant has, in
connexion with the application, given any information or made any statement
which is false or misleading in a material particular ;
the Committee may revoke its approval of the application in whole
or in part and, in such a case, the Committee shall withhold payment, or
further payment, of the grant, or of such part thereof as the Committee may
think fit.
(2) The
Committee, before revoking approval under the provisions of paragraph (1) of
this Article shall –
(a) give to any person to whom
any grant would be payable notice in writing of the reasons for the proposed
revocation ;
(b) give to that person an
opportunity, either in person or by advocate, solicitor or agent, to appear
before, and be heard by, the Committee.
ARTICLE 9
SUPPLEMENTARY PROVISIONS AS TO GRANTS UNDER ARTICLES 5 AND 6
(1) The
amount of any grant payable under the provisions of Article 5 or 6 of this Law
towards the cost of any improvement, or the carrying out of any proposals,
approved thereunder shall be one-third of that cost so far as approved by the
Committee as having been reasonably incurred.
(2) The
Committee may reduce the amount of the grant which would otherwise be payable
under the provisions of paragraph (1) of this Article, or may withhold the
grant, in any case where financial assistance in respect of the approved work
is given under any other enactment.
(3) No
grant shall be payable under any of the said provisions in any case where
application therefor was made after the expiration of ten years from the day of
the coming into force of this Law.
ARTICLE 10
GRANTS IN RESPECT OF THE USE OF FERTILIZERS
(1) The
Committee may make schemes to provide for the making of contributions for
relieving occupiers of part, or of the whole, of the expenditure which they
would otherwise incur in respect of approved fertilizers acquired by them to
improve the fertility or condition of the soil.
(2) No
contribution under a scheme made in pursuance of paragraph (1) of this Article
shall exceed the whole of the cost, calculated in accordance with the
provisions of the scheme, to any such occupier of acquiring a specified
quantity of an approved fertilizer.
(3) Without
prejudice to the generality of the provisions of Article 2 of this Law, a
scheme made in pursuance of paragraph (1) of this Article may –
(a) specify the conditions
subject to which persons may become, or may cease to be, approved suppliers, including
conditions as to the prices to be charged for approved fertilizers purchased
from them and conditions as to the keeping and production of accounts, books
and other records of their dealings in approved fertilizers ;
(b) prohibit the making of contributions
in respect of approved fertilizers acquired otherwise than from an approved
supplier ;
(c) make different provisions in
relation to the contributions to be made in respect of different approved
fertilizers, and of different kinds, descriptions and quantities of any
approved fertilizer ;
(d) prohibit the making of
contributions below such minimum amount as may be specified ;
(e) provide that no contribution
shall be made unless application therefor is made within the time, and in the
manner, specified.
ARTICLE 11
GRANTS IN RESPECT OF CONTROLLING INFESTATION OF LAND AND CROPS
(1) The
Committee may make schemes to provide for the making of contributions for
relieving occupiers of part, or of the whole, of the expenditure which they
would otherwise incur in respect of approved materials acquired by them for the
purpose of controlling an infestation of agricultural land or of crops growing
or grown in such land.
(2) No
contribution under a scheme made in pursuance of paragraph (1) of this Article
shall exceed the whole of the cost, calculated in accordance with the
provisions of the scheme, to any such occupier of acquiring a specified
quantity of an approved material.
(3) Without
prejudice to the generality of the provisions of Article 2 of this Law, a
scheme made in pursuance of paragraph (1) of this Article may –
(a) specify the conditions
subject to which persons may become, or may cease to be, approved suppliers,
including conditions as to the prices to be charged for approved materials
purchased from them and conditions as to the keeping and production of
accounts, books and other records of their dealings in approved materials ;
(b) provide that a
contribution shall be made only where the approved material has been used
–
(i) in
such manner ;
(ii) during
such period ;
(iii) either
generally or in particular cases, under the supervision, and in accordance with
the directions, of such person ;
as may be specified ;
(c) prohibit the making of
contributions in respect of approved materials –
(i) acquired
otherwise than from an approved supplier ;
(ii) used
otherwise than in accordance with provisions included in a scheme by virtue of
sub-paragraph (b) of this paragraph ;
(iii) where
the amount of a contribution is less than a specified sum ;
(iv) until
after an approved material has been used in accordance with the provisions of
the scheme ;
(v) unless
application is made therefor within the time, and in the manner specified ;
(d) make different
provisions in relation to different approved materials, or to different
formulations of any approved material.
ARTICLE 12
GRANTS IN RESPECT OF GRASSLAND RENOVATION
(1) The
Committee may make a scheme to provide for the payment of grants towards the
cost of renovation of agricultural land under grass by means of specified
operations.
(2) Without
prejudice to the generality of the provisions of Article 2 of this Law, a
scheme made in pursuance of paragraph (1) of this Article –
(a) shall –
(i) specify
the rates of grants payable, and such rates may be specified by reference to
the area of the agricultural land in respect of which a grant is payable ;
(ii) require
the agricultural land to have been under grass for a specified minimum period
before the carrying out of any specified operation ;
(iii) restrict
the payment of grants to cases where, before a specified operation has been
carried out, the operation has been approved in pursuance of an application
made in such manner as the Committee may require ;
(iv) specify
the period, not being a period longer than three years from the day of the
coming into force of this Law, within which application for a grant may be made
;
(b) may –
(i) provide
for defining or limiting the kinds of agricultural land under grass in respect
of which grants may be made ;
(ii) specify
a minimum area of land in respect of which grants may be made;
(iii) make
provision as to the persons to whom grants may be made ;
(iv) provide
for securing that a grant shall not be made, or shall be restricted in amount,
in any case where the Committee is of the opinion that any operation relevant
to the payment of a grant has been inefficiently carried out ;
(v) make
different provisions in relation to different operations.
(3) Without
prejudice to any definition or limitation contained in a scheme by virtue of
the provisions of sub-paragraph (b)
(i) of paragraph (2) of this Article, references in this Article to
agricultural land under grass shall include references to any grazing land and,
in particular, to land under clover, lucerne or sainfoin, or mixtures of
clover, lucerne or sainfoin with grass.
ARTICLE 13
RECOVERY OF GRANTS
(1) Every
payment made under a scheme under this part of this Law shall be made subject
to audit, and any sum which is found on audit to have been improperly paid may
be recovered by the Committee, as a civil debt, from the person to whom it was
paid or, at the discretion of the Committee, an amount equivalent to such sum
may be deducted from any subsequent payment to that person under any scheme.
(2) Without
prejudice to the provisions of paragraph (1) of this Article, where, under the
provisions of Article 8 of this Law, approval of an application or of any part
of an application is revoked and, before such revocation, any payment was made
by way of grant towards the cost of the improvement or, as the case may be,
towards the cost of carrying out any proposals, or, if approval is revoked in
part only, towards so much of the improvement or of the proposals as is no
longer approved, the Committee may recover, as a civil debt, the amount so paid
from the person to whom the payment was made.
(3) The
provisions of this Article shall be without prejudice to the provisions of
paragraph (5) of Article 17 of this Law.
ARTICLE 14
POWER OF RECOVERY IN THE EVENT OF EXCESSIVE PRICE
If a price charged to, and received from, an occupier by an
approved supplier for an approved fertilizer or, as the case may be, an
approved material in respect of which a contribution is payable under a scheme
exceeds the price (if any) specified in respect of that fertilizer or that
material, the amount of the excess shall be recoverable by the occupier, as a
civil debt, from the approved supplier :
Provided that the provisions of this Article shall not apply to so
much of any such excess as represents a charge made by an approved supplier for
credit facilities afforded by him to the occupier in respect of the purchase of
the approved fertilizer or approved material, as the case may be.
PART IV
GENERAL
ARTICLE 15
POWER OF INSPECTION AND SAMPLING
Any person authorized in that behalf by the Committee shall be
entitled, on production if so required of evidence of his authority, to enter
and inspect, and to carry out tests and take samples, on any land –
(a) on which there is any
produce in respect of which, by virtue of the provisions of Part II of this
Law, a guaranteed price has been paid, or for which application for the payment
of a guaranteed price has been made by any person ;
(b) being agricultural
land, in respect of, or in connexion with which, any contribution or grant has
been applied for or made by virtue of the provisions of Part III of this Law.
ARTICLE 16
POWER TO OBTAIN INFORMATION
(1) The
Committee, and any person authorized in that behalf by the Committee, may
require –
(a) any person by, or on
behalf of, whom an application for a payment under any scheme has been made to
furnish to such authority or to such person, within such time, and in such
manner, as may be specified in the requirement, all such information relating
to the application as may be so required ;
(b) an approved supplier,
or any person who has ceased to be an approved supplier, to furnish to such
authority or to such person, within such time, and in such manner, as may be
specified in the requirement all such information, and to produce all such
accounts, books or other documents as he may, by virtue of the conditions
subject to which he became, or ceased to be, an approved supplier, be required
to furnish or produce.
(2) Notwithstanding
anything contained in the Agricultural Returns (Jersey) Law, 1947, any returns made under the provisions of that Law
may be used by the Committee for the purposes of any scheme, and any such
returns may be disclosed to any court before which any proceedings under or in
connexion with this Law are taken.
ARTICLE 17
OFFENCES
(1) Any
person who –
(a) for the purpose of
obtaining for himself or for any other person any payment under a scheme,
knowingly or recklessly makes any statement which is false in a material
particular or which is calculated to mislead ; or
(b) having obtained any
payment under a scheme in respect of the acquiring of any approved fertilizer
or any approved material –
(i) disposes
of such fertilizer or such material or any part thereof to any other person ;
or
(ii) uses
such fertilizer or such material or any part thereof, or allows it to be used,
for any purpose other than a purpose for which the payment was made ; or
(c) with intent to deceive,
uses, or lends to or allows to be used by any other person any certificate,
receipt or other document issued for the purposes of a scheme, or, with the
like intent, makes or has in his possession any document so closely resembling
such a certificate, receipt or other document as to be calculated to deceive ;
or
(d) being required under
the provisions of this Law to furnish any information or to produce any
accounts, books or other documents, knowingly furnishes any false information
or produces any false accounts, books or other documents ;
shall be guilty of an offence and shall be liable to a fine not
exceeding five hundred pounds or to imprisonment for a term not exceeding
twelve months or to both such fine and such imprisonment.
(2) Except
as provided by paragraph (3) of this Article, any person who acts in
contravention of any provision of a scheme, or of any condition imposed by the
Committee in respect of a contribution or grant made, or to be made, to him
shall be guilty of an offence and shall be liable to a fine not exceeding one
hundred pounds.
(3) Any
person who –
(a) obstructs or impedes
any person authorized under the provisions of Article 15 of this Law to make an
inspection or to carry out tests or take samples ; or
(b) being required, under
the provisions of Article 16 of this Law or of a scheme, to furnish any
information, or to produce any accounts, books or other documents refuses or
without reasonable excuse fails to do so ;
shall be guilty of an offence and shall be liable to a fine not
exceeding fifty pounds :
Provided that, if the court is satisfied that he committed the
offence with intent to prevent the discovery of some other offence under this
Law, he shall be liable to the penalties prescribed by paragraph (1) of this
Article.
(4) Where
an offence under this Law committed by a body corporate is proved to have been
committed with the consent or connivance of, or to be attributable to any
negligence on the part of, any director, manager, secretary or other similar
officer of the body corporate, or any person purporting to act in any such
capacity, 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.
(5) Where
under the provisions of a scheme a person would be entitled to a payment and
that person is convicted of an offence under the provisions of this Article, no
payment shall be made to him under the scheme and if, before he was so
convicted, any payment was made to him in respect of the matter in connexion
with which he was convicted, the amount of such payment shall be recoverable
under the provisions of Article 13 of this Law as if it had been improperly
paid.
ARTICLE 18
VARIATION OF SCHEDULES
The States may make regulations varying the Schedules to this Law
and, where either of the Schedules to this Law is varied by regulations under this
Article, this Law shall have effect, so long as the regulations remain in
force, as if the Schedule as so varied were substituted for the Schedule
contained in this Law.
ARTICLE 19
REPEALS AND TRANSITIONAL PROVISION
(1) The
Agricultural Lime (Subsidy) (Jersey) Law, 1961, and the
Control of Infestation (Subsidy) (Jersey) Law, 1961, are
hereby repealed.
(2) Any
scheme made under either of the enactments now repealed and subsisting
immediately before the coming into force of this Law shall, unless previously
revoked, continue in force until the thirty-first day of December next
following the coming into force of this Law.
ARTICLE 20
SHORT TITLE
This Law may be cited as the Agriculture (Guaranteed Prices and
Financial Assistance) (Jersey) Law, 1965.
SCHEDULES
FIRST SCHEDULE
(Article 3)
PRODUCE IN RESPECT OF WHICH GUARANTEED PRICE SCHEMES MAY BE MADE
PART I
CROPS
Potatoes (early and main crop).
Hay and Cereals.
PART II
LIVESTOCK AND LIVESTOCK PRODUCTS
Fat pigs.
Cow’s milk (liquid).
Eggs (hen in shell).
SECOND SCHEDULE
(Article 5)
IMPROVEMENTS IN RESPECT OF WHICH GRANT SCHEMES MAY BE MADE
1. Improvements
to permanent farm buildings, including glass houses, but excluding
dwelling-houses.
2. Land
drainage, including defence against water, irrigation and the supply of water.
3. Provision
of means of sewage disposal, other than from dwelling-houses.
4. Provision
or laying-on of electric light or power to agricultural holdings for
agricultural purposes.
5. Making
and improvement of permanent fences, including hedges, walls and gates.
6. Reclamation
of waste land.
7. Provision
of shelter belts.
8. Removal
of hedges and banks, filling in of ditches, removal of boulders, tree roots and
other like obstructions to cultivation.
9. Any
operation incidental to any of the operations mentioned in this Schedule, or
necessary or proper in carrying it out or in securing the full benefit thereof.
E.J.M. POTTER,
Deputy Greffier of the States.