Part IPrice Stability of Imported Products
1Price stability of imported products
(1)In the interest of maintaining in the United Kingdom a stable market for agricultural or horticultural produce of any description produced in the United Kingdom, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland acting jointly may by order specify produce of that description or any of its related products or both as commodities in relation to which the powers conferred by subsection (2) below may be exercised; and for the purposes of this section " specified commodity " means any description of produce or related product in relation to which those powers are for the time being exercisable by virtue of such an order.
(2)In relation to any specified commodity the Ministers aforesaid may by order prescribe a minimum price level for imports into the United Kingdom; and with a view to maintaining the level so prescribed for any commodity or to allowing for the effect for that or other specified commodities of its maintenance, they may by order direct that on any specified commodity imported into the United Kingdom there shall be charged for the use of Her Majesty such levy as may be prescribed by or determined in accordance with the order.
(3)Where in the case of any specified commodity a minimum price level is prescribed or levy is imposed under subsection (2) above, the Ministers aforesaid may by order provide for the granting, in such circumstances and subject to such conditions as may be provided for in the order,—
(a)of allowances or reliefs in respect of the levy (if any) chargeable on the imported commodity; and
(b)in connection with the exportation of any goods from the United Kingdom, of such other allowances on or relating to the commodity (whether or not imported or subject to any levy) as appear to the Ministers aforesaid to be proper by reason of the effects of the minimum price level or levy;
and orders under this subsection may require the payment to the Ministers aforesaid or any of them of fees or other charges in connection with applications made to them or him with a view to the granting of any allowance or relief under this subsection.
(4)No order shall be made under subsection (2) or (3) above without the approval of the Treasury, unless the order deals only with the rates of any levy, allowance or relief which is provided for by a previous order.
(5)The Minister of Agriculture, Fisheries and Food acting alone shall have the like powers as the Ministers aforesaid have under subsections (2) and (3) above to make orders dealing only with the rates of levies, allowances and reliefs provided for by previous orders.
(6)Orders under subsection (2) or (3) above may make different provision for any specified commodity by reference to quality, origin or otherwise; and in exercising their powers under this section the Ministers aforesaid may have regard to the interests of agricultural or horticultural producers in the Commonwealth and elsewhere overseas.
(7)Any power to make orders under this section shall include power to vary or revoke any order made in the exercise of the power, and shall be exercisable by statutory instrument.
(8)Orders under this section, other than orders made after a draft has been laid before Parliament and approved by resolution of each House, shall be subject to the following provisions:—
(a)any order by virtue of which a commodity not for the time being a specified commodity becomes a specified commodity shall cease to have effect at the end of the forty days beginning with that on which it is made (but without prejudice to anything previously done under the order or to the making of a new order), unless the order is within those forty days approved by resolution of each House of Parliament; and
(b)any other order, not being an order dealing only with the rates of any levy, allowance or relief which is provided for by a previous order, shall be subject to annulment in pursuance of a resolution of either House of Parliament. In reckoning for the purposes of paragraph (a) above any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(9)Subject to the provisions of this section and of any order made under it, the provisions set out in the Schedule to this Act shall have effect for the administration of and other purposes relating to levies, allowances and reliefs under this section.
(10)For the purposes of this section "produce" includes anything (whether live or dead) produced in the course of agriculture or, as the case may be, horticulture; and " related product ", in relation to produce of any description, means—
(a)any product of a description which is obtained from that produce or from any related product, with or without any process of manufacture, or is obtained by the use of that produce or by that of any related product as a material, component or ingredient; and
(b)any substance or article of a like nature or use to the produce or to any related product.
(11)The Government, of Ireland Act 1920 shall have effect as if any levy imposed under this section were a duty or tax included among those mentioned in section 22(1) of that Act (which relates to reserved taxes).
(12)Section 2 of the Isle of Man Act 1958 (which relates to the division of customs revenues between the United Kingdom and the Isle of Man) and any other enactments relating to customs in the Isle of Man shall have effect in relation to levies under this section and any corresponding levies imposed in the Isle of Man as if they were duties of customs.