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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1989/uksi_19891084_en.html

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Statutory Instruments

1989 No. 1084

AGRICULTURE

CEREALS MARKETING

The Home-Grown Cereals Authority (Rate of Levy) Order 1989

Made

29th June 1989

Laid before Parliament

10th July 1989

Coming into force

1st August 1989

Whereas the Home-Grown Cereals Authority (hereinafter referred to as "the Authority"), established by section 1 of the Cereals Marketing Act 1965(1) (hereinafter referred to as "the Act"), prepared and submitted to the Ministers hereinafter named, pursuant to section 13(1)(a) of the Act, an estimate of the amount required to be raised by levy imposed on persons specified in the Home-Grown Cereals Authority Levy Scheme 1987(2) (hereinafter referred to as "the Scheme") for the period of twelve months beginning with 1st August 1989 (hereinafter referred to as "the relevant year") for the purpose of the Authority's functions under Part I of the Act;

And whereas pursuant to section 13(2) of the Act the Authority duly submitted to the Ministers with such estimate proposals as to the kinds of home-grown cereals in respect of which a levy should be imposed and as to the apportionment of the amount specified in the estimate as between those kinds of home-grown cereals;

And whereas pursuant to section 13(3) of the Act the Ministers have -�

(a)determined that the amount to be raised by levy for the relevant year for such purposes shall be £5,060,500 and have determined that the kinds of home-grown cereals in respect of which the levy is to be imposed for the relevant year shall be wheat (including durum wheat), barley, oats, rye, maize, triticale or any two or more of such cereals grown as one crop, and

(b)apportioned the amount so determined as between those kinds of home-grown cereals so that the rates of levy on each kind of cereal are the same;

Now, therefore, the Minister of Agriculture, Fisheries and Food, the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland, and the Secretary of State for Wales, acting jointly in exercise of the powers conferred by sections 13(3) and 23(1) of the Act and now vested in them(3), and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1. This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1989 and shall come into force on 1st August 1989.

Interpretation

2. In this Order, unless the context otherwise requires, expressions have the same meaning as they have in the Scheme.

Rates of levy

3. For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be -�

(a)27 pence in respect of dealer levy,

(b)21 pence in respect of grower levy, and

(c)7 pence in respect of processor levy.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st June 1989.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

21st June 1989

Tom King

Secretary of State for Northern Ireland

29t June 1989

Peter Walker

Secretary of State for Wales

22nd June 1989

Explanatory Note

(This note is not part of the Order)

For the purposes of financing the Home-Grown Cereals Authority's non-trading functions under Part I of the Cereals Marketing Act 1965 for the year beginning 1st August 1989, this Order specifies the rates of dealer levy, grower levy and processor levy which appear to Ministers to be sufficient to meet the amounts apportioned to certain cereals grown in the United Kingdom namely, wheat (including durum wheat), barley, oats, rye, maize, triticale or any two or more of such cereals grown as one crop.

In the case of each of these kinds of cereals, the rate of dealer levy is 27 pence per tonne, the rate of grower levy is 21 pence per tonne and the rate of processor levy is 7 pence per tonne.

Levy will be imposed in accordance with the provisions of the Home-Grown Cereals Authority Levy Scheme 1987, a Scheme in force under section 16 of the Act.

The Order comes into force on 1st August 1989.

(1)

1965 c. 14; sections 1, 6, 12, 13, 16 and 24 were amended by the Agriculture Act 1986 (c. 49). In addition, section 16 was amended by the Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), section 24 was amended by the Cereals Marketing Act 1965 (Amendment) Regulations 1977 (S.I. 1977/181) and sections 13 and 16 were amended by the Cereals Marketing Act 1965 (Amendment) Regulations 1979 (S.I. 1979/26).

(2)

The Scheme was approved (with modifications) by the Ministers by the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1989 (S.I. 1987/671).

(3)

In the case of the Secretary of State for Wales, by virtue of S.I. 1969/388.


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