Sea Fish Industry Act 1938

18 Co-operative schemes

(1) If, with respect to any class of persons carrying on the business of a home producer of white fish within an area in Great Britain, the Commission is satisfied—

(a) that no useful purpose would be served by the application of a marketing scheme to such persons, and

(b) that measures should be taken to promote co-operation between such persons in the marketing of white fish,

the Commission may, subject to the following provisions of this Part of this Act, submit to the appropriate Minister a scheme (hereafter in this Part of this Act referred to as "a co-operative scheme") applicable to that area, for enabling a body constituted under the scheme as representing the interests of such persons as aforesaid (hereafter in this Part of this Act referred to as " the authorised body ") to exercise such control, and perform such services, as may be authorised under the following provisions of this section.

(2) A co-operative scheme may make provision—

(a) incorporating the authorised body, providing for the manner in which that body is to be constituted, and specifying the class of persons whose interests are to be represented by that body;

(b) enabling the authorised body—

(i) to direct that no person registered under the scheme shall sell white fish, or any particular description of white fish, otherwise than to or through the agency of the authorised body or such persons as that body may designate;

(ii) to acquire, deal with and dispose of white fish, and any such other property as the said body considers it desirable, for the discharge of its functions under the scheme, to acquire;

(iii) to purchase on behalf of, or to make arrangements for supplying to, persons registered under the scheme any such things as are required by them for the carrying on of their business;

(iv) to take such other measures as the authorised body thinks desirable with a view to promoting or encouraging economy and efficiency in the carrying on of their business by such persons as aforesaid;

(v) to co-operate with any persons in the exercise of any powers conferred upon the authorised body by virtue of sub-paragraphs (ii), (iii) and (iv) of this paragraph;

and to make such charges in respect of services performed by the said body as may be authorised by the scheme;

(c) for making exemptions from all or any of the provisions of the scheme in respect of such classes of persons, and such activities, as may be specified in the scheme or determined by the authorised body;

(d) for securing that the expenses lawfully incurred by the authorised body in connection with the operation of the scheme shall be defrayed by means of contributions to be made to that body by persons registered under the scheme, and for the assessment and recovery of such contributions ;

(e) for requiring persons registered under the scheme to furnish to the authorised body such estimates, returns, accounts and other information as that body considers necessary for the operation of the scheme;

(f) for the reference to arbitration of any dispute on the question whether or not any sum is payable by any person by way of contribution under the scheme, or as to the amount of any sum so payable.

(3) A co-operative scheme containing such provisions as are authorised by sub-paragraph (i) of paragraph (b) of subsection (2) of this section shall be of no effect unless provision is made by such a scheme requiring the authorised body to impose on, and to recover from, any person who contravenes or fails to comply with the said provisions such monetary penalties as may be specified in the scheme:

Provided that a co-operative scheme shall not authorise the imposition or recovery of any penalty in respect of any act or omission which constitutes an offence apart from the provisions of such a scheme.