Statutory Instruments

1991 No. 1303

AGRICULTURE

CEREALS MARKETING

The Home-Grown Cereals Authority (Rate of Levy) Order 1991

Made

25th May 1991

Laid before Parliament

10th June 1991

Coming into force

1st July 1991

Whereas the Home-Grown Cereals Authority (hereinafter referred to as "the Authority"), established under Part I 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)(2) of the Act, an estimate of the amount required to be raised by levy imposed on persons specified in the Home-Grown Cereals Authority Cereals Levy Scheme 1987(3) and in the Home-Grown Cereals Authority Oilseeds Levy Scheme 1990(4) (hereinafter referred to as "the Schemes") for the period of twelve months beginning with 1st July 1991 (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(5) 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 £8,039,350 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 those cereals grown as one crop, and rapeseed, linseed, soyabean, sunflowerseed or any two or more of those oilseeds grown as one crop; and

(b)apportioned the amount so determined as between those cereals and those oilseeds so that the amount to be raised by levy in respect of the cereals is £7,393,100, and the amount to be so raised in respect of the oilseeds is £646, 250 and the rates of levy on each kind of cereal or each kind of oilseed respectively 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), 23(1) and 24(1)(6) of the Act and now vested in them(7), 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 1991 and shall come into force on 1st July 1991.

Interpretation

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

Rates of levy

3.-(1) 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)41.13 pence in respect of dealer levy,

(b)35.25 pence in respect of grower levy,

(d)4.70 pence in respect of reduced rate processor levy.

(2) For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 58.75 pence.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th May 1991.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

15th May 1991

Peter Brooke

Secretary of State for Northern Ireland

22nd May 1991

David Hunt

Secretary of State for Wales

25th May 1991

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 July 1991, this Order specifies the rates of dealer levy, grower levy and processor levies which appear to Ministers to be sufficient to meet the amount 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 and the rate of levy which appears to them to be sufficient to meet the amount apportioned to certain oilseeds grown in the United Kingdom, namely rapeseed, linseed, soyabean, sunflowerseed or any two or more of such oilseeds grown as one crop.

In the case of each of these kinds of cereals, the rate of dealer levy is 41.13 pence per tonne, the rate of grower levy is 35.25 pence per tonne, the standard rate of processor levy is 9.40 pence per tonne and the reduced rate of processor levy is 4.70 pence per tonne and in the case of each of these kinds of oilseeds the rate of levy is 58.75 pence per tonne.

Levy will be imposed in accordance with the provisions of the Home-Grown Cereals Authority Cereals Levy Scheme 1987 and the Home-Grown Cereals Authority Oilseeds Levy Scheme 1990, Schemes in force under section 16 of the Act.

The Order comes into force on 1st July 1991.

(1)

1965 c. 14; Part I was amended by sections 4 and 24(4) of, and Schedule 3 to, the Agriculture Act 1986 (c. 49).

(2)

Section 13 was amended by the Cereals Marketing Act 1965 (Amendment) Regulations 1979 (S.I. 1979/26).

(3)

The Scheme was approved (with modifications) by the Ministers by the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987 (S.I. 1987/671) and varied by the Home-Grown Cereals Authority Levy (Variation) Scheme 1990 approved (with a modification) by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1990 (S.I. 1990/1316) and further varied by the Home-Grown Cereals Authority Levy (Variation) Scheme 1991 approved by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1991 (S.I. 1991/1302).

(4)

Approved by the Home-Grown Cereals Authority Oilseeds Levy Scheme (Approval) Order 1990 (S.I. 1990/1317).

(5)

See the definitions of "home-grown cereals" and "kinds of home-grown cereals" in section 24(2) and (3) of the Cereals Marketing Act 1965, as amended by the Cereals Marketing Act (Application to Oilseeds) Order 1989 (S.I. 1989/1200) made under section 6(1) and (4) of the Agriculture Act 1986.

(6)

See the definition of "the Ministers" in section 24(1).

(7)

In the case of the Secretary of State for Wales, by virtue of S.I. 1969/388 and 1978/272.