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Hops Marketing Act 1982

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This is the original version (as it was originally enacted).

3Forward contracts of the Board.

(1)Where a resolution is passed by the Board as mentioned in section 2(2) (6) above, the provisions of this section shall have effect on and after the appointed day with respect to contracts to which subsection (2) below applies.

(2)Without prejudice to the effect of subsection (2) of section 2 above, any offer of hops made to and accepted by the Board before the appointed day under a Forward Contract Plan established by them for a crop season after 1980 shall be treated as having been made to and accepted by such person as is specified in that behalf in the resolution mentioned in paragraph (b) of that subsection.

(3)The relevant provisions of the Scheme shall, notwithstanding section 1 above, continue to apply so far as necessary for giving effect to any contract to which subsection (2) above applies, references to the Board in those provisions and in the Forward Contract Plan in question being construed, as respects anything falling to be done on or after the appointed day, as references to the person referred to in that subsection.

(4)Where a contract to which subsection (2) above applies relates to a crop season before 1984, the hops which the producer shall be required to consign under the contract in the case of any variety of hops offered by him are—

(a)if the offer specified a maximum sales quantity for that variety, all the hops of that variety produced by him in that season up to that quantity, or up to such revised maximum sales quantity as may be subsequently specified by the producer with the consent of the Board given before the appointed day or with the consent of the person referred to in subsection (2) above given on or after that day ; or

(b)if the offer did not specify a maximum sales quantity for that variety, all the hops of that variety so produced by him up to the quantity specified in the offer as the producer's expected production quantity, or up to such revised expected production quantity as may be subsequently specified as aforesaid ;

but nothing in this subsection shall require a producer to consign a quantity of hops of any variety in excess of the quantity of those hops actually produced by him in the season in question.

(5)In this section—

  • " Forward Contract Plan " means a Plan within paragraph 3(4)(b) of the Fourth Schedule to the Scheme ; and

  • " the relevant provisions of the Scheme " means paragraphs 19, 37, 51 to 58, 75, 76, 78 and 79 of, and the Second and Fourth Schedules to, the Scheme.

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