Statutory Instruments

1949 No. 2094

AGRICULTURE

The Agricultural Marketing (Public Inquiry) Rules, 1949

Made

8th November 1949

Laid before Parliament

14th November 1949

Coming into Operation

22nd November 1949

In pursuance of subsection (6) of section 1 of the Agricultural Marketing Act, 1931, and section 18 of the Agricultural Marketing Act, 1949, and of all other powers enabling them in that behalf, the Minister of Agriculture and Fisheries and the Secretary of State for Scotland and the Secretary of State for the Home Department (being the Secretaries of State concerned with agriculture in Scotland and Northern Ireland respectively) hereby make the following rules:-

1. These rules may be cited as the Agricultural Marketing (Public Inquiry) Rules, 1949, and shall come into operation on the twenty-second day of November, 1949.

2. The Interpretation Act, 1889, applies to the interpretation of these rules as it applies to the interpretation of an Act of Parliament.

3. The Agricultural Marketing (Public Inquiry) (Scotland) Rules, 1932, the Agricultural Marketing (Public Inquiry) (England) Rules, 1932, and the Agricultural Marketing (Public Inquiry) (Great Britain) Rules, 1932, are hereby revoked.

4. In these rules unless the context otherwise requires-

"the Minister" means- in relation to an inquiry into objections to a scheme applicable both in England and in Scotland, the Minister of Agriculture and Fisheries and the Secretary of State for Scotland, acting in conjunction; in relation to an inquiry into objections to a scheme applicable only in England, the Minister of Agriculture and Fisheries; in relation to an inquiry into objections to a scheme applicable only in Scotland, the Secretary of State for Scotland; and, in relation to an inquiry into objections to a scheme applicable in Great Britain or any part thereof, and also in Northern Ireland, or any part thereof, the Minister of Agriculture and Fisheries and the Secretary of State for Scotland or either of them as may be appropriate in accordance with the foregoing provisions of this rule acting in conjunction with the Secretary of State concerned with agriculture in Northern Ireland.

"the appointed person" means the person appointed by the Minister to hold an inquiry under paragraph (a) of the proviso to subsection (5) of section 1 of the Agricultural Marketing Act, 1931.

"scheme" means a scheme or an amendment of a scheme submitted to the Minister under the Agricultural Marketing Acts, 1931 to 1949.

5. An inquiry into objections to a scheme, other than those which the Minister considers to be frivolous, shall be held at such time and place as may be fixed by the appointed person with the approval of the Minister. Not less than 21 days' notice of the time and place so fixed shall be sent by post by or on behalf of the appointed person to-

(i)the persons who are nominated at the time of the submission of the scheme for the purpose of receiving notice of any modifications of the scheme proposed to be made by the Minister or, in the case of an amendment to a scheme, the board administering that scheme; and

(ii)all persons by whom objections to the scheme have been duly made other than persons whose objections the Minister considers to be frivolous;

and notice shall also be published in such manner as the appointed person thinks best suited for bringing the holding of the inquiry to the knowledge of any other persons who appear to him to be interested:

Provided that the failure to give or publish any such notice shall not invalidate the inquiry or render necessary any adjournment thereof.

6. The inquiry shall be held in public and the persons submitting the scheme, any person who has duly made an objection to the scheme, other than an objection which the Minister considers to be frivolous, and, by leave of the appointed person, any other person who appears to him to be interested, may appear at the inquiry either in person or by counsel, solicitor agent or representative.

7. The appointed person may adjourn the inquiry from time to time as he thinks fit and may hold adjourned sittings at such times and places as may appear to him to be suitable having regard to the circumstances of the case and in particular to the convenience of the persons appearing at the inquiry.

8. The appointed person shall have power to administer oaths and to take the affirmation of witnesses appearing before him and any witness shall, if the appointed person thinks fit, be examined on oath or affirmation.

9. If it appears to the appointed person that two or more objections are so similar in substance that it is unnecessary to consider them separately, he may select any one of the objectors making those objections, who appears before him, to present the case on behalf of all of them and to call evidence in support thereof:

Provided that, notwithstanding any such selection, any objector may, by leave of the appointed person, be heard subsequently upon the objection made by him and call evidence in support thereof.

10. The appointed person may, at any stage of the inquiry and upon such terms as he thinks fit, allow the amendment of any objection made to the scheme:

Provided that the appointed person shall not require any person to pay any costs of any other person.

11. Subject to the provisions of these rules, the procedure at the inquiry shall be such as the appointed person may determine.

12. The Minister shall pay to the appointed person such fee and such amount for expenses as the Minister, with the approval of the Treasury, may determine.

13. The persons submitting a scheme and the persons objecting to a scheme, and any other persons appearing at the inquiry, shall bear their own costs:

Provided that, if the appointed person reports to the Minister that the conduct of any such person at or in relation to the inquiry has been unreasonable, the Minister may, by order, direct payment by such person of the whole or part of the costs of any other such person.

In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this eighth day of November, 1949.

L.S.

T. Williams

Minister of Agriculture and Fisheries

Given under the Seal of the Secretary of State for Scotland this eighth day of November, 1949.

L.S.

Arthur Woodburn

Secretary of State for Scotland

Given under the Seal of the Secretary of State for the Home Department this eighth day of November, 1949.

L.S.

J. Chuter Ede

Secretary of State for the Home Department

EXPLANATORY NOTE

Under the Agricultural Marketing Act, 1949, marketing schemes may now apply in Northern Ireland, and rules are necessary for the procedure of inquiries relating to such schemes. Hitherto there have been separate rules for Great Britain, for England and for Scotland. The opportunity is now taken to combine these and adapt them to cover cases where the scheme applies in Northern Ireland.