Agricultural Marketing Act 1983

SCHEDULES

Section 1.

SCHEDULE 1 Food from Britain

1 Food from Britain shall be a body corporate.

2 (1) Subject to section 6 of this Act, it shall be within the capacity of Food from Britain as a statutory corporation to do such things and to enter into such transactions as are incidental or conducive to the performance of any of its functions.

(2) Without prejudice to the generality of sub-paragraph (1) above—

(a) where in the performance of any of its functions Food from Britain renders any services to any person it may make such charges in respect of those services as it may agree with that person; and

(b) Food from Britain may accept contributions from other persons in respect of any expenses incurred or to be incurred in connection with any of its functions other than the transferred functions.

3 The validity of any proceedings of Food from Britain shall not be affected by any vacancy among the members or by any defect in the appointment or any disqualification of any of the members.

4 (1) Subject to the following provisions of this paragraph, a member of Food from Britain and the chairman and deputy chairman shall hold and vacate office as such in accordance with the terms of his appointment, and previous tenure of any such office shall not affect eligibility for re-appointment.

(2) If the chairman or deputy chairman ceases to be a member of Food from Britain, he shall also cease to be chairman or deputy chairman.

(3) A member may at any time, by notice in writing addressed to the Ministers, or to any of them, resign his membership, and the chairman or deputy chairman may, by the like notice, resign his office as such.

(4) The Ministers may terminate a person's appointment as member of Food from Britain if they are satisfied—

(a) that he has been absent from meetings of Food from Britain without the consent of the other members for at least six consecutive months out of the nine months immediately preceding the termination of his appointment; or

(b) that he is an undischarged bankrupt or has made an arrangement with his creditors or has become notour bankrupt or has executed a trust deed for behoof of, or has made a composition contract or arrangement with, his creditors; or

(c) that he is incapacitated by reason of physical or mental illness ; or

(d) that he is otherwise unable or unfit to discharge the functions of a member of Food from Britain.

5 The Ministers shall—

(a) pay to the members of Food from Britain such travelling or other allowances as the Ministers, with the approval of the Treasury, may determine, and in the case of any member as respects whom the Ministers, with the approval of the Treasury, so determine, may pay such remuneration, whether by way of salary or fees, as the Ministers and the Treasury may determine in his case,

(b) in the case of any member of Food from Britain to whom the Ministers, with the approval of the Treasury, determine that this paragraph applies, pay such pension, or make such payments towards the provision of a pension, to or in respect of him as the Ministers and the Treasury may determine in his case,

and if a person ceases to be a member of Food from Britain and it appears to the Ministers that there are special circumstances which make it right that the person should receive compensation the Ministers may, with the approval of the Treasury, pay to that person a sum of such amount as the Ministers may with the approval of the Treasury determine.

6 For the purpose of assisting it in the performance of any of its functions, Food from Britain may appoint committees consisting of or including persons other than members of Food from Britain and may pay those persons such remuneration and such travelling and other allowances as it may with the approval of the Ministers and the Treasury determine.

7 (1) A member of Food from Britain or any such committee shall, if he has any direct or indirect personal interest in a proposal made or proposed to be made to Food from Britain or the committee in connection with the making of any grant under the [1967 c. 22.] Agriculture Act 1967 or any grant or loan under this Act, disclose the nature of his interest at a meeting of Food from Britain or the committee as soon as possible after the relevant circumstances have come to his knowledge.

(2) Any disclosure so made by a member shall be recorded in the minutes of Food from Britain or the committee and that member shall not take part after the disclosure in any decision of Food from Britain or the committee with respect to that proposal, but he may, nevertheless, be taken into account for the purpose of constituting a quorum of Food from Britain or the committee.

8 In the case of an equality of votes at any meeting of Food from Britain the person who is chairman at that meeting shall have a second or casting vote.

9 Subject to paragraphs 7 and 8 above, the council may determine their own quorum and procedure, and the quorum and procedure of any committee appointed under paragraph 6 above.

10 The Ministers may designate persons to attend on their behalf any meetings of Food from Britain or any of its committees, and it shall be the duty of Food from Britain to afford any person so designated reasonable facilities for taking part in the deliberations of Food from Britain or the committee, and recording the decisions of Food from Britain or the committee; but a person so designated shall not be qualified to vote or otherwise count as a member of Food from Britain or the committee.

11 (1) Food from Britain may appoint such officers and servants as it thinks fit.

(2) Food from Britain shall—

(a) pay to its officers and servants such remuneration and such travelling or other allowances as it may with the approval of the Ministers and the consent of the Treasury determine, and

(b) as to any officers or servants in whose case Food from Britain may determine to do so, pay to or in respect of them such pensions, or provide and maintain for them such pension schemes, as Food from Britain may with the approval of the Ministers and the consent of the Treasury determine ;

and if a person ceases to be an officer or servant of Food from Britain and it appears to Food from Britain that there are special circumstances which make it right that that person should receive compensation Food from Britain may with the approval of the Ministers and the consent of the Treasury pay to that person a sum of such amount as it may with such approval determine.

12 The application of the seal of Food from Britain shall be authenticated by the signatures of two of its members and of the chief officer of Food from Britain or some other person authorised by Food from Britain to do so in his place.

Section 3.

SCHEDULE 2 Transfer of Functions and Dissolution of the Central Council for Agricultural and Horticultural Co-operation

1 The property, rights and liabilities of the Central Council are hereby transferred to Food from Britain.

2 (1) Paragraph 1 above has effect to transfer to Food from Britain rights and obligations of the Central Council under contracts of employment with its officers and servants ; and for the purpose of determining the length of service as an officer or servant of Food from Britain of any person who became such by virtue of paragraph 1 above any service by that person with the Central Council shall be treated as service with Food from Britain.

(2) Any determination made under paragraph 9(2)(b) of Schedule 6 to the [1967 c. 22.] Agriculture Act 1967 in respect of any person shall be treated after the appointed day (so far as may be necessary to preserve its effect) as having been made under paragraph 11(2)(b) of Schedule 1 to this Act, and any pension scheme maintained by the Central Council immediately before the appointed day shall be deemed to be a pension scheme provided by Food from Britain under paragraph l1(2)(b) of Schedule 1 to this Act and shall continue to be maintained accordingly.

3 (1) The repeal of section 59 of the Agriculture Act 1967 shall not have effect in respect of any period ending on or before the appointed day which is or is part of a financial year of the Central Council if any function of the Central Council relating to that period has not been performed before that day; and any such function is accordingly transferred by virtue of paragraph 1 above to Food from Britain.

(2) The period beginning with the 1st April preceding the appointed day and ending with the day before the appointed day shall be the last financial year of the Central Council and section 59 shall have effect (by virtue of sub-paragraph (1) above) in relation to that period accordingly but with the substitution for the reference in subsection (3) to the 30th September of a reference to the last day of the period of six months beginning with the appointed day.

4 Any enactment or other instrument passed or made before the appointed day, except section 58(8) of the Agriculture Act 1967, shall have effect as if any reference to the Central Council were a reference to Food from Britain.

5 Anything done by or in relation to the Central Council and having effect immediately before the appointed day shall so far as is required for continuing its effect thereafter be treated as if it had been done by or in relation to Food from Britain, and anything then in the process of being done by or in relation to the Central Council (including in particular any legal proceedings then pending to which the Central Council is a party) may be continued by or in relation to Food from Britain.

6 In section 58(9) of the Agriculture Act 1967 there shall be added at the end the words " under this Part of this Act " .

7 In section 60(3) of that Act for the words " the last foregoing section " there shall be substituted the words " section 5(6) of the Agricultural Marketing Act 1983 " .

8 In this Schedule " the appointed day " means the day on which this Schedule comes into force.

Section 9.

SCHEDULE 3 Repeals

Chapter	Short Title	Extent of Repeal
1967 c. 22.	Agriculture Act 1967.	Section 58(1), (3) to (7), (8)(a) and (10).
		Section 59.
		Section 61(9).
		Schedule 6.
1975 c. 24.	House of Commons Disqualification Act 1975.	In Part II of Schedule I, the entry relating to the Central Council for Agricultural and Horticultural Co-operation.
1975 c. 25.	Northern Ireland Assembly Disqualification Act 1975.	In Part II of Schedule I, the entry relating to the Central Council for Agricultural and Horticultural Co-operation.