The Potato Marketing Scheme (Amendment) Order 1990

• Citation: S.I. 1990/1626
• Sections: 30

Section 1

This Order may be cited as the Potato Marketing Scheme (Amendment) Order 1990.

Section 2

The amendments of the Potato Marketing Scheme 1955 which are set out in the Schedule hereto are hereby approved and shall come into force on 15th August 1990.

Section 1

This Scheme is made under the Potato Marketing Scheme (Approval) Order 1955 as amended by the Potato Marketing Scheme (Amendment) Orders 1962 , 1971 , 1976 , 1985 , 1987 and 1990 and may be cited as the Potato Marketing Scheme. This Scheme applies to Great Britain and is in substitution for the Potato Marketing Scheme 1933 (hereinafter called “the old Scheme”) which is hereby revoked.

Section 1

South-Western

Section 2

Southern

Section 3

Southern East Anglia

Section 4

Norfolk

Section 5

Eastern Central England

Section 6

Central England

Section 7

South Midlands

Section 8

(1) Until the first retirement date the Board shall consist of those persons elected or appointed under the Potato Marketing Scheme 1955 as amended by the Potato Marketing Scheme (Amendment) Orders 1962, 1971, 1976, 1985 and 1987.

(2) The first retirement date shall be such day in the month of September or October next following the coming into force of the Potato Marketing Scheme (Amendment) Order 1990 as the Board shall fix.

Section 8

Shropshire & Staffordshire

Section 9

Subject to the next following paragraph and to the provisions of this Scheme as to the filling of casual vacancies, the Board shall consist, after the first retirement date, of eighteen district members, one special member for Scotland and one special member for England and Wales, all of whom shall be elected as hereinafter provided, and three persons appointed by the Minister in accordance with paragraph 2(1) of Schedule 2 to the Act.

Section 9

South Lincolnshire

Section 10

(1) Subject to paragraph 8 of this Scheme and to sub-paragraphs (2) and (3) of this paragraph, for the purposes of this Scheme there shall be eighteen districts constituted in accordance with Schedule A of this Scheme, and each district shall, subject to the provisions of this Scheme, elect a district member.

Section 10

North Lincolnshire

Section 11

(1) An election of district members shall be held for all districts on such day before the first retirement date as may be fixed by the Board.

(2) Subject to the provisions of this Scheme the members of the South-Western, Shropshire and Staffordshire, North-East England and Northern Scotland districts who are elected pursuant to sub-paragraph (1) above shall hold office until the 31st October in the second year after the first retirement date; the members of the said districts who are elected in the second year after the first retirement date shall hold office until the 31st October in the fifth year after the first retirement date; the members of the Southern, Eastern Central England, North Lincolnshire, North-West England and Central Scotland districts who are elected pursuant to sub-paragraph (1) above shall hold office until the 31st October in the second year after the first retirement date; the members of the Southern East Anglia, Central England, Wales and the East Riding of Yorkshire districts who are elected pursuant to sub-paragraph (1) above shall hold office until the 31st October in the third year after the first retirement date and the members of the remaining districts who are elected pursuant to sub-paragraph (1) above shall hold office until 31st October in the fourth year after the first retirement date.

(3) Every subsequent election of district members shall be held on such day in the month of September or October as may be fixed by the Board and any member then elected shall subject to the provisions of this Scheme hold office for four years from the 31st October next following his election.

(4) Whenever there shall have been an amalgamation, subdivision or alteration of the boundaries of, or alteration to the number of members to be elected by, any district pursuant to paragraph 10(3) of this Scheme—

(a) elections shall be held in every new or altered district on such day in the month of September or October following the date on which such amalgamation, subdivision or alteration took effect as may be fixed by the Board; and

(b) the Board shall prescribe a timetable for future district elections which ensures as far as is practicable that no more than four years shall elapse between elections for every district member.

Section 11

Wales

Section 12

Elections of all the Special Members shall be held on such day before the first retirement date as may be fixed by the Board and on such day in the month of September or October in every fourth year thereafter as may be fixed by the Board. Subject to the provisions of this Scheme, members so elected shall hold office for four years from the 31st October next following their election, except that Special Members who are elected in the elections held before the first retirement date shall hold office from the first retirement date until the 31st October in the fourth year after the first retirement date.

Section 12

North-West England

Section 13

West Riding of Yorkshire

Section 14

North-East England

Section 15

East Riding of Yorkshire

Section 16

(1) If a district or special member of the Board dies, or pursuant to paragraph 17 of this Scheme ceases to hold office, then an election shall be held for that district or territory as soon as may be reasonably practicable in accordance with the provisions of paragraphs 13 and 14 of this Scheme so far as such provisions are applicable:

Provided that this paragraph shall not apply if the vacancy occurs less than six months before the beginning of September in the year in which the next election for that district or territory would be held under the foregoing provisions of this Part of the Scheme.

(2) The term of office of any person so elected to the Board under this paragraph shall cease not later than the date on which the term of office of his immediate predecessor would have ceased if such predecessor had not died or, pursuant to paragraph 17 of this Scheme, ceased to hold office.

Section 16

Southern Scotland

Section 17

Central Scotland

Section 18

Northern Scotland

Section 24

(1) The Board shall constitute a Committee (to be known as “the Joint Consultative Committee”) consisting of a Chairman and not more than twenty-five members of whom

(a) not more than nine members shall be nominated by the Board, of whom not more than five shall be nominated from among the members of the Board, and one of whom shall be a member of the Board who is a member of the Retailers' Committee hereinafter referred to;

(b) not more than three members shall be appointed by the Retailers' Committee hereinafter referred to from amongst the members of that Committee who are not members of the Board;

(c) the remaining members shall be nominated by such organisations as the Board, with the approval of the Minister, think best qualified to represent and express the views of consumers of potatoes and of others apart from producers and retailers who have a significant interest in the potato industry.

(2) The Chairman of the Joint Consultative Committee shall be a person who is not a member of the Board and who is not associated directly with any of the interests represented on the Joint Consultative Committee but is an independent person appointed by the Joint Consultative Committee with the assistance of the good offices of the Minister.

(3) The Joint Consultative Committee shall consider those matters which may be referred to it by the Board or by the Minister and shall make recommendations to the Board or the Minister, as the case may be, on the matters so referred.

(4) The Joint Consultative Committee shall reach its decisions as to the recommendations to be made on the matters referred to it under sub-paragraph (3) of this paragraph by a simple majority vote of the members (other than the Chairman) of the Joint Consultative Committee. In the case of an equality of votes amongst the members on the recommendations to be made, the Chairman of the Joint Consultative Committee shall have power to decide on the recommendations to be made from within the proposals suggested by members of the Joint Consultative Committee or, if there be no such proposals, on the basis of his own judgement.

(5) The Board shall give fair and due weight to the recommendations of the Joint Consultative Committee.

(6) The Joint Consultative Committee shall meet not less than three times a year and when a meeting is convened by the Chairman of the Joint Consultative Committee.

(7) The Joint Consultative Committee may, subject to the approval of the Board, appoint sub-committees (whether or not from amongst their own members) for the purpose of considering and advising on such specific matters as the Joint Consultative Committee may direct.

(8) The remuneration of the Chairman of the Joint Consultative Committee shall be paid by the Board and shall be defrayed out of the fund. The Board may receive from those organisations which nominate members of the Joint Consultative Committee such contributions as they may wish to make to the remuneration of the Chairman of the Joint Consultative Committee and shall apply such contributions accordingly.

Section 25

(1) The Board shall constitute an Advisory Committee (to be known as “the Retailers' Committee”) consisting of not more than two members of the Board and of ten representatives of such organisations as the Board may consider best qualified to express the views of retailers and of persons who buy potatoes for the purpose of selling them to the public in a cooked state. The Retailers' Committee, in exercise of its power to appoint members of the Joint Consultative Committee, shall have regard to the level of sales through and the extent of investment by different sectors of the retail trade represented on the Retailers' Committee.

(2) The Board may constitute Advisory Committees for the purpose of considering such matters as the Board may direct.

(3) The Board may invite any person or any representative of any organisation to serve upon any such Advisory Committee as is referred to in the preceding sub-paragraph of this paragraph and may appoint representatives to any Advisory Committee set up by any other persons or organisations.

Section 71

The Board may from time to time regulate sales of potatoes by any registered producer by prescribing the terms on which potatoes or any description or quantity of potatoes may be sold otherwise than to the Board:

Provided that such terms shall not include a term requiring that, on a sale of potatoes or on a resale of potatoes by the buyer or on any subsequent resale, the potatoes shall be sold at, below or above a specified price.