The Agriculture (Northern Ireland) Order 1993

Levies

20.—(1) This Article applies where—

(a) property, rights or liabilities of the Board are transferred under Article 14 in accordance with an approved scheme; and

(b) under the scheme, any liabilities of the Board are excepted from transfer under that Article.

(2) The Department may, on the application of the Board, by order give effect to a scheme enabling the Board to require eligible producers to make contributions for the purpose of enabling it to meet its liabilities.

(3) The Department shall not make an order under paragraph (2) unless it is satisfied—

(a) that the Board’s assets are insufficient to meet its liabilities;

(b) that the Board has taken all reasonable steps to minimise the amount required to meet its liabilities;

(c) that there is no other reasonably practicable way of discharging its liabilities;

(d) that the amount proposed to be raised under the scheme is reasonable; and

(e) that the basis on which contributions are to be assessed under the scheme is reasonable.

(4) In paragraph (2), the reference to eligible producers is to the persons who, under the approved scheme, are entitled to participate in the distribution of assets of the Board by virtue of their being, or having been, registered producers.