Search Legislation

The Agriculture (Northern Ireland) Order 1993

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the The Agriculture (Northern Ireland) Order 1993, Cross Heading: Carrying out of approved scheme. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Carrying out of approved schemeN.I.

Functions of the BoardN.I.

12.  The Board may do whatever is necessary for, or conducive to, the carrying out of an approved scheme in the period up to and including the vesting day under the scheme.

Functions of the DepartmentN.I.

13.—(1) The Department shall satisfy itself, in relation to an approved scheme—

(a)that so much of the scheme as relates to the period prior to the vesting day under the scheme is duly carried out; and

(b)that it does not, during that period, become expedient, by virtue of a change of circumstances, that there should be an increase in the provision made by the scheme for meeting liabilities retained by the Board after the transfer under Article 14.

(2) The Department may by notice require the Board to supply to it such information as may be specified in the notice, being information which the Department considers necessary or desirable for the purpose of enabling it to discharge its functions under paragraph (1).

(3) A notice under paragraph (2) shall require the information to be supplied within such period as may be specified in the notice, being not less than 7 days from the date of the notice.

(4) If, at any time before the vesting day under an approved scheme, it appears to the Department—

(a)that the Board has—

(i)failed to supply information required by a notice under paragraph (2); or

(ii)failed in a material respect to carry out the scheme; or

(b)that, by virtue of a change of circumstances, it is expedient that there should be such an increase as is mentioned in paragraph (1)(b),

it may give the Board notice of that fact and of the reasons for it.

(5) No notice under paragraph (4) may be given by virtue of sub-paragraph (a)(i) of that paragraph more than 28 days after the Board has purported to comply with the notice under paragraph (2).

(6) The Department shall by notice to the Board withdraw a notice under paragraph (4) if it is satisfied—

(a)that there is no longer any ground for it; and

(b)that it continues to be practicable for the scheme to be carried out.

(7) If the Board, in purported compliance with a notice under paragraph (2), knowingly or recklessly supplies information which is false or misleading in a material respect, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Statutory transfer on vesting dayN.I.

14.—(1) On the vesting day under an approved scheme, any transfer under the scheme which—

(a)is a qualifying transfer; and

(b)is a transfer which the scheme provides is to have effect under this Article,

shall have effect by virtue of this Order.

(2) Paragraph (1) shall not apply if—

(a)a notice under paragraph (4) of Article 13 has been given in respect of the scheme; and

(b)the notice has not been withdrawn under paragraph (6) of that Article.

(3) For the purposes of paragraph (1)(a), a transfer is a qualifying transfer if it is—

(a)a transfer of property, rights or liabilities of—

(i)the Board; or

(ii)a subsidiary of the Board,

to a body which is a qualifying body; or

(b)a transfer of property, rights or liabilities of a subsidiary of the Board to the Board.

(4) For the purposes of paragraph (3), a body is a qualifying body if it is—

(a)a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969F1 which has not previously traded;

(b)a company registered under the Companies (Northern Ireland) Order 1986F2 which has not previously traded; or

(c)a company registered under that Order which was a subsidiary of the Board immediately before the day on which this Order is made.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F21986 NI 6

Other provisionsN.I.

15.  Schedule 2 (which makes provision in relation to or in connection with the carrying out of an approved scheme) shall have effect.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources