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LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - LONG
TITLE

An Act to establish a Livestock Marketing Commission for the benefit
of the livestock and livestock products industries in Northern
Ireland.
[1st August 1967]
The Livestock Marketing Commission.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 1

1.(1) There shall be established a body, to be known as the
Livestock Marketing Commission for Northern Ireland (in this Act
referred to as "the Commission") having the general duty of
examining and recommending improvements in the marketing of livestock
and livestock products and the particular functions set out in Part
I of the Schedule.

(2) The Commission shall be a body corporate, with perpetual
succesion, to which section 19 of the Interpretation Act (Northern
Ireland) 1954 shall apply.

(3) The Commission shall consist of not less than five and not
more than seven members appointed by the Minister of Agriculture (in
this Act referred to as "the Minister"), and in appointing any
person as such a member the Minister shall have regard to the
interests of producers of livestock and to other persons trading in
livestock and livestock products.

(4) The Minister shall appoint a member as chairman of the
Commission.

(5) In performing any of their functions under this Act the
Commission may co-operate with such other persons as they think fit.

(6) The supplemental provisions set out in Part II of the Schedule
shall have effect in relation to the Commission.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 2
Development of livestock and livestock products industries.

2.(1) The Commission may make recommendations to the Ministry of
Agriculture (in this Act referred to as "the Ministry") for the
better organisation of, or for the development or expansion of, any
section of the livestock industry or the livestock products industry
in Northern Ireland.

(2) Where the Ministry receives any recommendations under subsection
(1), it may make a scheme containing provisions for the better
organisation of, or for the development or expansion of any section
of, the livestock industry or the livestock products industry in
Northern Ireland, including provisions for

(a)improving the structure of those industries;

(b)disseminating information in relation to the market in and the
demand for livestock and livestock products;

(c)improving the operation and efficiency of livestock auction markets
in Northern Ireland; or

(d)promoting the processing and packaging of meat;

(3) Where a scheme made under subsection (2) confers functions on
the Commission, the Ministry may with the consent of the Ministry
of Finance make to the Commission on such conditions as the
Ministry may specify payments of such amount as the Ministry
considers appropriate during the period of three years beginning with
the date upon which the scheme comes into operation.

(4) The Ministry may recover as a civil debt due to it the whole,
or such part as it may determine, of any payment under subsection
(3) which is made subject to a condition, if the condition is not
complied with.

(5) The Ministry shall not incur any expenditure under a scheme
made under subsection (2) which confers functions on the Ministry
unless the scheme was made with the consent of the Ministry of
Finance, and where the Ministry incurs expenditure under a scheme
made with that consent, the scheme shall cease to have effect on
the expiration of the period of three years beginning with the date
upon which the scheme came into operation.

(6) The Ministry may direct that any agreement or class of
agreements specified in the direction, being agreements into which
the Commission enter in connection with a scheme made under
subsection (2), shall be ones to which [the Restrictive Trade
Practices Act 1976] does not apply.

(7) All expenses incurred by the Ministry under this section shall
be defrayed out of moneys provided by Parliament.

(8) A scheme made under subsection (2) shall be subject to
affirmative resolution.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 3
Promotion of sale of livestock.

3.(1) The Commission may encourage the making of and assist in the
negotiating of contracts for the sale of livestock.

(2) Where any contracts made in pursuance of subsection (1) for the
sale of livestock provide for the publication from time to time of
the prices at which the purchasers will purchase the livestock, the
Commission may arrange for the publication of those prices by such
means as, in the opinion of the Commission, are best suited for
bringing the prices to the notice of persons selling livestock.

(3) The Commission may negotiate and publish by such means as they
consider appropriate details of the terms on which, and the prices
at which, persons will purchase livestock otherwise than under such
contracts as are made in pursuance of subsection (1).

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 4
Levy for Commission's expenses.

4.(1) For the purpose of defraying the expenses of the Commission,
the Ministry may, on the recommendation of the Commission, make
regulations providing for the imposition of a levy, to be collected
by or on behalf of the Commission, in respect of all livestock
slaughtered in or sent out of Northern Ireland, but so that the
levy shall not exceed [10p] for each sheep, ... and [#1] for each
bovine animal.

(2) A levy under this section shall be imposed only on

(a)the owners of any livestock slaughtered or the owners of any
livestock immediately before they are sent out of Northern Ireland;
or

(b)other persons engaged in the production, marketing or distribution
of livestock or livestock products.

(3) Regulations made under subsection (1) may include

(a)provisions as to the persons by whom any levy under subsection
(1) is to be paid or collected;

(b)provisions requiring persons slaughtering livestock or carrying or
sending out of Northern Ireland any livestock to keep such records
and to make such returns as may be specified in the regulations.

(4) Regulations made under subsection (1) may include provisions
making persons guilty of an offence where there is a contravention
of the regulations, and for the imposition of penalties on summary
conviction of any such offence, but so that a maximum fine and a
maximum term of imprisonment specified in the regulations shall not
exceed fifty pounds and three months, respectively.

(5) Returns or other information furnished or obtained by any person
in pursuance of regulations made under subsection (1) shall not be
disclosed except

(a)with the consent of the person by whom the information was
furnished;

(b)to a member, officer or servant of the Commission;

(c)to an officer of the Ministry;

(d)in the form of a summary of similar information, so framed that
particulars relating to any one person cannot be obtained from it;

(e)for the purpose of any criminal proceedings or report of such
proceedings;

(6) No levy shall be imposed under this section in respect of any
livestock slaughtered under the Diseases of Animals Act (Northern
Ireland) 1958 or any order made thereunder.

(7) The Ministry may by regulations made subject to affirmative
resolution vary the sums specified in subsection (1).

(8) Regulations made under subsection (1) shall be subject to
negative resolution.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 5
Research levy.

5.(1) For the purpose of providing funds to be applied for the
purpose of scientific research with the aim of securing benefits to
and improvements in the livestock industry or the livestock products
industry, the Ministry may by order

(a)impose charges of amounts specified in the order on any class or
description of persons referred to in subsection (2); or

(b)require the making of payments by the Commission;

(2) The said persons are

(a)persons engaged in the production, marketing or distribution of
livestock;

(b)persons engaged in the production, processing, manufacture,
marketing or distribution of livestock products;

(c)persons whose incomes are wholly or mainly derived from livestock
or livestock products.

(3) An order under this section may provide for the imposition and
recovery of charges in any way which might be authorised by
regulations made under section 4 and may include in the order any
provisions which could be included in those regulations and may
apply any such regulations, with or without modifications.

(4) Any charges imposed by an order under subsection (1) shall be
imposed by reference to the number of livestock dealt with by the
persons chargeable.

(5) Any charges imposed by an order under subsection (1) shall be
collected by the Commission or by any person or class of persons
specified in the order.

(6) An order under this section shall be subject to affirmative
resolution.[

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 5A
Contributions to Agricultural Research Council.

5A. The Commission may make contributions to the Agricultural
Research Council of such amount as the Commission may determine.]

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 6
Classification of meat.

6.Subs.(1) amends s.6 of 1962 c.13 (NI)

(2) Regulations made by the Ministry under section 6 of that Act
may contain provisions requiring the owner of the carcases of any
livestock at the time at which those carcases are classified or
graded in pursuance of regulations made under that section to pay
to such person as may be specified in the regulations such fee as
may be prescribed by the regulations in respect of the
classification or grading.

(3) Regulations made by the Ministry under section 6 of that Act
may include provisions making persons guilty of an offence where
there is a contravention of the regulations, and for the imposition
of penalties on summary conviction of such an offence, but so that
a maximum fine and a maximum term of imprisonment specified in the
regulations shall not exceed one hundred pounds and six months,
respectively.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 7
Dissolution of Commission.

7.(1) The Ministry may, after consulting the Commission, by order
make provision for dissolving the Commission; and any such order

(a)may contain provision for winding up the affairs of the
Commission;

(b)may include any provisions as to matters preparatory or incidental
to, or consequential upon, the dissolution of the Commission which
the Ministry may consider necessary or expedient.

(2) An order made under this section shall be subject to
affirmative resolution.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 8
Borrowing by the Commission.

8.(1) The Commission may with the consent of the Ministry of
Agriculture borrow such sums as they consider necessary for the
purpose of discharging their functions under this Act.

(2) The Ministry of Finance may, on the recommendation of the
Ministry, guarantee in such manner as the Ministry of Finance thinks
fit, the payment of the interest on and the principal of, or of
the interest on or the principal of, any sums which the Commission
borrow under subsection (1).

(3) Any sum borrowed by the Commission under subsection (1) in
respect of which a guarantee is given by the Ministry of Finance
under subsection (2) shall be repaid by the Commission within two
years from the date on which the sum is borrowed, unless the
Ministry of Finance on the recommendation of the Ministry authorises
any outstanding balance of the sum borrowed to remain unpaid for a
further period of two years.

(4) Two or more authorisations may be given successively under
subsection (3) in respect of the same loan.

(5) Any sums required by the Ministry of Finance for fulfilling any
guarantee under this section shall be charged on and issued out of
the Consolidated Fund.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 9
Accounts.

9.(1) The Commission

(a)shall cause proper accounts and other records in relation thereto
to be kept; and

(b)shall prepare an annual statement of accounts in such form and
containing such particulars as the Ministry may direct.

(2) The accounts of the Commission shall be audited by an auditor
appointed by the Commission with the approval of the Ministry, but
a person shall not be qualified to be so appointed unless he is a
member of one or more of the following bodies:

The Institute of Chartered Accountants in Ireland;

The Institute of Chartered Accountants in England and Wales;

The Association of Certified and Corporate Accountants;

Any other body of accountants [established in the United Kingdom and
for the time being recognised for the purposes of section 155(1)(a)
of the Companies Act (Northern Ireland) 1960 by the Ministry of
Commerce] [for the time being listed in Article 26(1)(a) of the
Companies (Northern Ireland) Order 1978].

(3) So soon as the accounts of the Commission have been audited
under subsection (2), they shall send a copy of the statement of
accounts referred to in subsection (1)(b) to the Ministry, together
with a copy of the report made by the auditor on that statement.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 10
Annual report.

10.(1) The Commission shall make an annual report to the Minister
on their functions during the year preceding the date of the
report, and the Minister shall lay a copy of that report before
Parliament.

(2) An annual report made under subsection (1) shall have annexed
to it a copy of the latest accounts of the Commission to have
been audited before the date of the report.

(3) The Commission shall, on payment of such sum not exceeding
[25p] as they may in that behalf determine, send a copy of any
annual report made under subsection (1) to any person who requests
a copy thereof.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 11
Interpretation.

11. In this Act

"bovine animals" means bulls, cows, steers, heifers and calves;

"carcases" means whole carcases of livestock, and sides, quarters and
other substantial portions of carcases;

"the Commission" has the meaning assigned by section 1;

"livestock" means bovine animals, ... and sheep;

"livestock industry" means all the activities comprised in the
production, marketing and distribution of livestock, including the
carrying on of slaughterhouses and livestock auctions and markets;

"livestock product" means any product which is derived to any
extent, with or without any process of manufacture, from livestock,
but excluding milk, milk products and fleece wool;

"livestock products industry" means the activities comprised in the
production, processing, manufacture, storing, marketing and distribution
of livestock products;

"the Minister" has the meaning assigned by section 1;

"the Ministry" has the meaning assigned by section 2;

Definition rep. by 1977 NI 12 art.22 sch.3

"slaughterhouse" has the same meaning as in the Slaughter of Animals
Act (Northern Ireland) 1932.

LIVESTOCK MARKETING COMMISSION ACT (NORTHERN IRELAND) 1967 - SECT 12
Short title.

12. This Act may be cited as the Livestock Marketing Commission Act
(Northern Ireland) 1967.1. Examining the structure of the livestock
industry and the livestock products industry.

2. Encouraging the making of better arrangements for the movement or
marketing of livestock and livestock products.

3. Advising the Ministry on the classification and grading of the
carcases of livestock.

4. Advising the Ministry on the characteristics which livestock
should possess in order to be readily marketable.

5. Disseminating information in the livestock industry and livestock
products industry about market prices for livestock (whether in
Northern Ireland or elsewhere) and livestock products and about the
trends of those prices and the requirements of markets for livestock
and livestock products.

6. Conducting market research, or causing such research to be
conducted, into the requirements of markets (whether in Northern
Ireland or elsewhere) for livestock and livestock products.

7.(1) Improving and expanding trade in livestock produced in Northern
Ireland and in livestock products so produced.

(2) In performing their functions under sub-paragraph (1), the
Commission may act by themselves or may employ any other person to
perform those functions in whole or in part.

8. Giving advice and information to the Ministry on the efficient
lay-out and operation of livestock auction markets and
slaughterhouses.

9. Carrying out such other functions in relation to the livestock
and livestock products industries as the Ministry may specify in a
direction to the Commission.

[10. Encouraging scientific research with the aim of securing
benefits to, and improvements in, the livestock and livestock
products industries.]

1.(1) Subject to the provisions of this paragraph, a member of the
Commission shall hold office for a term of three years.

Sub-para.(2) rep. by SLR 1976

(3) A member may by notice in writing addressed to the Minister
resign his membership, and the chairman may by the like notice
resign his office as such.

(4) The Minister may remove a person from membership if satisfied
that he

(a)has become bankrupt or made an arrangement with his creditors;

(b)is incapacitated by physical or mental illness;

(c)has been absent from more than six consecutive meetings of the
Commission otherwise than for a reason approved by the Minister; or

(d)is otherwise unable or unfit to discharge the functions of a
member, or is unsuitable to continue as a member.

(5) Where a member resigns his office or the Minister removes a
person from membership, the Minister may appoint another person in
his place, and any person so appointed shall hold office for the
residue of the term of the person in whose place he is appointed.

(6) A person who ceases to be a member shall be eligible for
reappointment.

2. 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 Commission by any person
generally or specially authorised by the Commission to act for that
purpose.

3. The number, remuneration and terms and conditions of employment
of persons employed by the Commission shall, except in so far as
the Ministry may otherwise specify in a direction under this
paragraph, be subject to the approval of the Ministry.

4.(1) The Commission may act notwithstanding the absence of the
Chairman or any vacancy in their numbers.

(2) If the Chairman is unable to be present at any meeting of the
Commission he may appoint another member to act in his stead at
that meeting.

(3) If the Chairman is absent from a meeting and no member has
been so appointed by him, the Commission shall elect one of the
members present to preside at that meeting.

(4) A defect in the appointment of any person acting as a member
of the Commission shall not vitiate any proceedings of the
Commission in which he has taken part.

(5) The quorum for a meeting of the Commission shall be four.

5. The Commission may pay to any member such remuneration and
travelling or other allowances as the Ministry may, with the
approval of the Ministry of Finance, determine.

6.(1) A member of the Commission shall, if he is in any way
directly or indirectly interested in any contract made or proposed
to be made by the Commission, disclose the nature of his interest
at a meeting of the Commission as soon as possible after the
relevant circumstances have come to his knowledge.

(2) For the purposes of this paragraph, a general notice given to
the Commission by a member to the effect that he is a member of
a specified company or firm and is to be regarded as interested in
any contract which may, after the date of the notice, be made with
that company or firm, shall be deemed to be a sufficient
declaration of interest in relation to any contract so made.

(3) Any disclosure made under sub-paragraph (1) or general notice
given under sub-paragraph (2) shall be recorded in the record of
meetings of the Commission.

(4) The Commission shall

(a)keep a proper record of the proceedings of each meeting held by
them;

(b)forward a copy of the record of each meeting to the Minister
within fourteen days from the date of the meeting to which it
relates.

Para.7 rep. by 1975 c.25 s.5(2) sch.3