Agriculture and Rural Communities (Scotland) Act 2024

14 Declaration relating to exceptional market conditions

(1) If the Scottish Ministers consider that there are exceptional market conditions, they may make and publish a declaration (“an exceptional market conditions declaration”) in accordance with this section.

(2) There are “exceptional market conditions” if—

(a) there is a severe disturbance in agricultural markets or a serious threat of a severe disturbance in agricultural markets, and

(b) the disturbance or threatened disturbance has, or is likely to have, a significant adverse effect on agricultural producers in Scotland.

(3) An exceptional market conditions declaration must—

(a) state that the Scottish Ministers consider that there are exceptional market conditions,

(b) describe the exceptional market conditions in question by specifying—

(i) the disturbance or threatened disturbance in agricultural markets,

(ii) any agricultural product which is or is likely to be affected by the disturbance or threatened disturbance,

(iii) the grounds for considering that the disturbance or threatened disturbance has, or is likely to have, a significant adverse effect on agricultural producers,

(c) describe the grounds for considering that the exceptional market conditions justify making the powers conferred by or referred to in section 13 available for use, and

(d) specify the date until which the powers conferred by or referred to in section 13(2) are available for use in relation to the exceptional market conditions.

(4) The date specified under subsection (3)(d) may not be later than the last day of the period of 3 months beginning with the day on which the exceptional market conditions declaration is published.

(5) An exceptional market conditions declaration has effect from the beginning of the day on which it is published until the end of the day specified under subsection (3)(d).

(6) The Scottish Ministers may revoke an exceptional market conditions declaration by making and publishing a declaration under this subsection stating that the exceptional market conditions declaration is revoked from the date specified in the declaration.

(7) Subsection (8) applies if, at any time during the period of 7 days ending with the day specified under subsection (3)(d) in an exceptional market conditions declaration that has effect under this section, the Scottish Ministers consider that there continue to be exceptional market conditions.

(8) The Scottish Ministers may extend the exceptional market conditions declaration by making and publishing a declaration under this subsection specifying—

(a) that the exceptional market conditions declaration is extended for a period (not exceeding 3 months) specified in the declaration, and

(b) that the powers conferred by or referred to in section 13(2) are available for use during that period.

(9) The fact that an exceptional market conditions declaration has expired or has been revoked does not prevent the Scottish Ministers from making and publishing another exceptional market conditions declaration relating in whole or part to the same exceptional market conditions.

(10) The Scottish Ministers must lay a copy of any declaration made and published under this section before the Scottish Parliament as soon as practicable after it is published.

(11) In this section and section 13, a reference to agricultural markets, agricultural producers or agricultural products includes a reference to horticultural markets, horticultural producers or horticultural products (as the case may be).