No. 24/1958:

AGRICULTURAL PRODUCE (CEREALS) (AMENDMENT) ACT, 1958

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Wheat levy.

3 Rate of wheat levy.

4 Establishment of the Board.

5 The Grain Fund.

6 Purchase and sale of wheat by the Board.

7 Assignment of additional functions to the Board in relation to cereals, etc.

8 Carriage, drying, handling and storage of wheat by the Board.

9 Offices and premises.

10 Purchase and sale of land by the Board.

11 Power of the Board to borrow.

12 Guarantee of loans.

13 Offices and servants of the Board.

14 Fulfilment of functions of the Board through its offices or servants.

15 Recovery of wheat levy.

16 Inspection by officers of the Board of records of wheat purchases.

17 Returns to the Board of wheat purchase.

18 Offences.

19 Non-disclosure of information by the Board.

20 Accounts and audits.

21 Annual Report.

22 Furnishing of information to the Minister.

23 Extension of Transport (Miscellaneous Provisions) Act, 1955, and restriction of orders under the Act of 1956.

24 Laying of orders before Houses of the Oireachtas.

25 Short title and collective citation.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE AGRICULTURAL PRODUCE (CEREALS) ACTS, 1933 TO 1956, TO PROVIDE FOR THE ESTABLISHMENT OF A BOARD TO DISPOSE OF SURPLUS WHEAT TO BE KNOWN AS AN BORD GRÁIN, TO PROVIDE FOR THE PAYMENT OF A LEVY ON WHEAT TO, AN BORD GRÁIN AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[29th July, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act, save where the context otherwise requires—

"the Act of 1933" means the Agricultural Produce (Cereals) Act, 1933 ;

"the Act of 1956" means the Agricultural Produce (Cereals) (Amendment) Act, 1956 ;

"the Acts" means the Agricultural Produce (Cereals) Acts, 1933 to 1956;

"the Board" means An Bord Gráin established by this Act;

"functions", in relation to the Board, includes powers and duties and references to the fulfilment of functions include references to the exercise of powers and the performance of duties;

"the Fund" means the Grain Fund established by section 5 of this Act;

"licensed miller" means a person who holds a milling licence granted under section 21 of the Act of 1933;

"the Minister" means the Minister for Agriculture;

"purchaser" in relation to wheat, means a person (other than a person who purchases wheat as seed for sowing on land being cultivated by him) who, by virtue of an order under section 2 of the Act of 1956, is authorised to purchase wheat from the grower thereof during the sale season appointed by that order in relation to that wheat;

"wheat" means home-grown millable wheat;

"wheat levy" means the levy deducted by purchasers under section 2 of this Act from the price of wheat purchased from growers.

(2) References in this Act to the grower of wheat shall, in case such wheat has been purchased before being harvested, be construed as references to the purchaser thereof.

(3) The Acts and this Act shall be construed together as one Act.

2.—(1) Where wheat harvested in any year is purchased from a grower, the purchaser shall, before payment therefor, deduct from the price of the wheat a levy of such amount as may be appropriate having regard to the rate fixed under section 3 of this Act in relation to wheat harvested in that year.

(2) Subject to subsection (3) of this section the purchaser of any wheat from a grower shall pay the amount of wheat levy appropriate to that wheat to the Board in such manner and within such period as may be specified by the Board.

(3) Where wheat is purchased from a grower before the appointed day, the purchaser shall pay the amount of wheat levy appropriate to that wheat to the Minister in such manner and within such period as may be specified by the Minister and the Minister shall transmit the amount of wheat levy so paid to him to the Board as soon as may be after the appointed day.

(4) In this and the next following section "the appointed day" means the day appointed, by order made by the Minister under this section, to be the appointed day for the purposes of this and the next following section.

(5) The Minister may by order appoint a day to be the appointed day for the purposes of this and the next following section.

3.—(1) The Minister shall in each year by order fix the rate of wheat levy in relation to wheat harvested in that year.

(2) The Minister may by order amend an order under this section (including an order under this subsection).

(3) Before making an order under this section the Minister shall consult with the Board or, in the case of an order made before the appointed day, with such person or persons, being a person or persons whom the Minister considers to be representative of wheat growers, as the Minister may select.

4.—(1) There is hereby established a board to be known as An Bord Gráin to fulfil the functions assigned to it by or under this Act.

(2) The provisions of the Schedule to this Act shall apply in respect of the Board.

5.—(1) The Board shall establish, maintain and manage in accordance with this Act a fund (in this Act referred to as the Fund) to be known as the Grain Fund.

(2) The following provisions shall apply in relation to the Fund:

( a ) there shall be paid into the Fund all moneys received by the Board in respect of wheat levy or on foot of the sale of wheat by the Board, and any other moneys received by the Board,

( b ) there shall be paid out of the Fund the purchase price of wheat purchased by the Board and the amount of any expenses (including expenses of carriage, drying, handling, storage and insurance of wheat) incurred by the Board in connection with its transactions in relation to the purchase or sale of wheat, and all other outlay or expenses incurred by the Board in fulfilling its functions or otherwise under this Act,

( c ) sums borrowed under section 11 of this Act may be secured on the Fund,

( d ) so much of the Fund as in the opinion of the Board is for the time being not immediately required for making payments under paragraph (b) of this subsection may be invested by the Board in securities in which trustees are for the time being authorised by law to invest trust funds,

( e ) the Board may from time to time at its discretion vary or transpose any moneys (being part of the Fund) invested under this subsection into other investments authorised by this subsection and may at any time sell and convert into money the whole or part of the investments made by it under this subsection,

( f ) all dividends and interest received by the Board on investments (being part of the Fund) made by it under this subsection or in respect of the sale of any such investments shall be paid into the Fund.

6.—(1) The Board shall purchase in each year such quantities of wheat (if any) as the Minister may determine from time to time, after consultation with the Minister for Industry and Commerce, to be surplus to the requirements of the licensed millers and shall sell such wheat either in or outside the State at such time or times and for such price or prices as in the opinion of the Board will give the Board the most favourable return in relation to such wheat.

(2) For the purposes of this section the Board may arrange for the purchase and sale of wheat on its behalf by agents (including wheat purchasers) and may make such advances and on such terms as it thinks proper to its agents for the purpose of financing the purchase of wheat on its behalf.

7.—(1) The Minister may, with the consent of the Minister for Finance, from time to time by order—

( a ) assign to the Board such additional functions as he thinks fit in relation to cereals (excluding wheat imported for milling), cereal products and animal feeding stuffs,

( b ) make such provision as he considers desirable or necessary in relation to matters ancillary to or arising out of the assignment to or fulfilment by the Board of functions assigned to it under this section.

(2) The Minister may by order amend an order under this section (including an order under this subsection).

8.—(1) The Board shall provide itself with such carriage, drying, handling and storage facilities for its wheat as it considers necessary.

(2) For the purposes of subsection (1) of this section the Board may—

( a ) arrange with the owners of such facilities for their use by or on behalf of the Board,

( b ) with the consent of the Minister, build, equip and maintain premises,

( c ) with the consent of the Minister, purchase or take on hire machinery, vehicles and equipment.

(3) The Board may sell any machinery, equipment or vehicles which in the opinion of the Board are no longer required by it for the fulfilment of its functions.

9.—(1) The Board shall provide itself with such offices and premises as it considers necessary.

(2) For the purposes of subsection (1) of this section the Board may equip and maintain offices and premises.

10.—(1) For the purposes of sections 8 and 9 of this Act the Board may purchase or take on lease any land, offices or premises.

(2) The Board may sell or lease any land, offices or premises held by it which in the opinion of the Board is or are no longer required by it for the performance of its functions.

11.—The Board may, with the consent of the Minister, borrow, whether for capital or current purposes, such sums as from time to time it considers necessary.

12.—(1) The Minister may, if he so thinks fit and with the consent of the Minister for Finance, guarantee a loan to the Board.

(2) Whenever the Minister guarantees a loan under this section, he may guarantee in such form and manner and on such terms and conditions as the Minister for Finance may sanction, the due repayment by the Board of the principal of the loan or the payment of interest on the loan or both the repayment of such principal and the payment of such interest.

(3) The Minister shall not so exercise the powers conferred by subsections (1) and (2) of this section that the amount, or the aggregate amount, of principal which he may at any one time be liable to pay on foot of any guarantee or guarantees under those subsections for the time being in force, together with the amount of principal (if any) which the Minister has previously paid on foot of any such guarantees and has not been repaid by the Board, exceeds £3,500,000.

(4) Where a guarantee under this section is or has been given, the Board shall, if the Minister so requires, give to him such security as may be specified in the requisition for the purpose of securing to the Minister the repayment of any moneys which he may be liable to pay or has paid under the guarantee.

(5) The Minister shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

( a ) particulars of the guarantee,

( b ) in case any payment has been made by the Minister under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to the Minister on foot of the payment,

( c ) the amount of principal covered by the guarantee which was outstanding at the end of that year.

(6) Moneys paid by the Minister under a guarantee under this section shall be repaid to the Minister (with, if the Minister for Finance so requires, interest thereon at such rates as the Minister for Finance appoints) by the Board within two years from the date of the advance.

(7) Where the whole or any part of moneys required by subsection (6) of this section to be repaid to the Minister has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(8) Notwithstanding the provision of moneys under subsection (7) of this section to repay an amount to the Central Fund, the Board shall remain liable to the Minister in respect of that amount and that amount (with, if the Minister for Finance so requires, interest thereon at such rates as the Minister for Finance appoints) shall be repaid to the Minister by the Board at such times and in such instalments as the Minister for Finance appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(9) Moneys repaid by the Board to the Minister, or recovered from the Board by the Minister, under this section shall be paid into or disposed of for the benefit of the Exchequer.

(10) All moneys from time to time required by the Minister to meet sums which may become payable by him under this Act shall be advanced out of the Central Fund or the growing produce thereof.

(11) For the purpose of providing for advances out of the Central Fund under this section, the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrowing he may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or any other matter as he thinks fit, and shall pay the moneys so borrowed into the Exchequer.

(12) The principal of and interest on any securities issued under this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

13.—(1) The Board may, from time to time as occasion requires, appoint such and so many persons to be officers and servants of the Board as it thinks fit.

(2) An officer or servant of the Board shall hold his office or employment on such terms and conditions as the Board from time to time determines.

(3) There shall be paid by the Board to its officers and servants out of the Fund such remuneration and allowances as the Board from time to time determines.

(4) ( a ) The officers of the Board may include a manager.

( b ) The manager may be a member of the Board.

(5) The Board may at any time remove any officer or servant of the Board from being its officer or servant.

14.—The Board may fulfil any of its functions through or by any of its officers or servants authorised by the Board in that behalf.

15.—(1) Every sum payable by a wheat purchaser to the Board or to the Minister for transmission to the Board for or on account of wheat levy shall be a simple contract debt due by such purchaser to the Board and shall be recoverable accordingly by the Board from such purchaser in any Court of competent jurisdiction.

(2) In any legal proceedings by the Board against a wheat purchaser for any money claimed to be due by such purchaser to the Board in respect of wheat levy—

( a ) a certificate under the seal of the Board certifying that such purchaser was liable under this Act to pay wheat levy of a specified amount and that a specified sum is due and unpaid by such purchaser on foot of wheat levy, or

( b ) where the wheat levy is payable in accordance with the provisions of subsection (3) of section 2 of this Act, a certificate under the official seal of the Minister certifying that such purchaser was liable under this Act to pay wheat levy of a specified amount and that a specified sum is due and unpaid by such purchaser on foot of wheat levy, together with a certificate under the seal of the Board certifying that such sum has not been paid by such purchaser to the Board,

shall be prima facie evidence as to the liability for and amount of wheat levy and as to the sum which is due and unpaid by such purchaser in respect thereof.

16.—(1) An officer of the Board authorised in writing by the Board to exercise the powers conferred on an officer of the Board by this section may inspect and make copies of records of all purchases of wheat by purchasers kept by or on behalf of purchasers and for that purpose may enter at all reasonable times any premises in which he has reason to believe such records are kept.

(2) Any person having in his possession or control records of purchases of wheat by a purchaser shall, at the request of an officer of the Board authorised as aforesaid, produce such records and give to him any information which he may reasonably require with regard to any entries therein.

(3) No person shall obstruct or impede an officer of the Board in the exercise of any of the powers conferred by this section.

(4) An officer of the Board, when exercising any of the powers conferred by this section, shall, if so required, produce his authorisation to any person affected.

17.—(1) The Board may, by notice in writing served on a wheat purchaser, require the wheat purchaser to furnish to the Board in such form and at such time or times as it may specify in the notice returns disclosing the date of the purchase of any wheat and the quantity, quality and condition of wheat purchased.

(2) A notice under this section may be served on a wheat purchaser—

( a ) by delivering the notice to him, or

( b ) by sending the notice by registered post in an envelope addressed to him at the address at which he ordinarily resides or carries on business.

(3) For the purpose of subsection (2) of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in the State.

(4) Where a notice under subsection (1) of this section is served on a wheat purchaser, he shall comply with the notice.

18.—(1) A person who contravenes (whether by act or omission) a provision of section 16 or section 17 or a provision of an order made under section 7 of this Act shall be guilty of an offence under this section and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds.

(2) An offence under this section may be prosecuted by the Board as prosecutor.

(3) Where a licensed miller is convicted of an offence under this section, he shall, for the purposes of section 34 of the Act of 1933, be deemed to have been convicted of an offence under that Act, and the said section 34, as amended by section 13 of the Agricultural Produce (Cereals) Act, 1934 , shall apply and have effect accordingly.

1934, No. 41.

19.—(1) Subject to subsection (2) of this section, information obtained under section 16 or section 17 of this Act shall not be disclosed to a person who is not a member of the Board or an officer or servant employed by the Board unless the Board considers it necessary for the due fulfilment of its functions to disclose the information to that person.

(2) Subsection (1) of this section shall not apply to the disclosure of information for the purposes of any legal proceedings (whether civil or criminal) taken or proposed to be taken under this Act.

20.—(1) The Board shall keep all proper and usual accounts of all moneys received or expended by it, including a balance sheet.

(2) As soon as may be after the 31st day of August in each year after the year 1958, the Board shall submit its accounts for the twelve months ending on that date to the Comptroller and Auditor-General and the Comptroller and Auditor-General shall audit them.

(3) Immediately after audit under this section of the accounts of the Board, the Board shall send to the Minister a copy of the accounts (including the balance sheet) certified by the Comptroller and Auditor-General and a copy of the Comptroller and Auditor-General's report.

(4) The Minister shall cause copies of the documents referred to in subsection (3) of this section to be laid before each House of the Oireachtas.

21.—As soon as may be after the 31st day of August in each year after the year 1958, the Board shall make to the Minister a report of its proceedings under this Act during the twelve months ending on that date and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

22.—The Board shall furnish to the Minister, at such times and in such form and manner as the Minister may specify, such information regarding its proceedings under this Act as the Minister may request.

23.—(1) Section 2 of the Transport (Miscellaneous Provisions) Act, 1955 , is hereby amended by the insertion in subsection (3) after "for the licensee" of "or for An Bord Gráin"

(2) An order under section 2 of the Act of 1956, except in so far as such order relates to the price of wheat, shall not apply in relation to wheat the property of or being purchased or sold by or on behalf of the Board.

1955, No. 21.

24.—Every order made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the Order.

25.—(1) This Act may be cited as the Agricultural Produce (Cereals) (Amendment) Act, 1958 .

(2) The Acts and this Act may be cited together as the Agricultural Produce (Cereals) Acts, 1933 to 1958.

SCHEDULE

AN BORD GRÁIN

Section 4.

Incorporation.

1. The Board shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to hold land.

Constitution of the Board.

2. (1) The Board shall consist of a chairman and such number (not being less than four or more than eight) of other members as the Minister from time to time determines.

(2) The chairman of the Board shall be that member of the Board who, at the time of his appointment to be a member of the Board or subsequently, is appointed by the Minister to be such chairman.

Appointment and term of office of members of the Board.

3. (1) The members of the Board shall be appointed by the Minister.

(2) The term of office of a member of the Board shall be such period, not exceeding two years, as the Minister may determine when appointing him.

Re-appointment of members of the Board.

4. A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment.

Remuneration and expenses of members of the Board.

5. A member of the Board shall be paid out of the Fund such remuneration (if any) and allowances for expenses as the Minister, after consultation with the Minister for Finance, from time to time determines.

Resignation and disqualification of members of the Board.

6. (1) A member of the Board may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

(2) A member of the Board shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

Disqualification of members of either House of Oireachtas for membership of Board.

7. (1) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.

Removal of members of the Board.

8. The Minister may at any time remove a member of the Board from office.

Disclosure by members of the Board of interest in proposed contract.

9. A member of the Board who has—

( a ) any interest in any company or concern with which the Board proposes to make any contract, or

( b ) any interest in any contract which the Board proposes to make,

shall disclose to the Board the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.

Meetings and procedure of the Board.

10. (1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) The Minister may fix the date, time and place of the first meeting of the Board.

(3) The quorum for a meeting of the Board shall, unless the Minister otherwise directs, be three.

(4) At a meeting of the Board—

( a ) the chairman of the Board shall, if present, be chairman of the meeting,

( b ) if and so long as the chairman of the Board is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

(5) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(6) The Board may act notwithstanding one or more vacancies among its members.

(7) Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure of the Board.

Seal of the Board.

11. (1) The Board shall provide itself with a seal, and such seal shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Board, and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Board shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

Contracts and instruments not under seal.

12. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.