Pig Industry Levy Act 1983

1 Levy on pig industry to meet costs of eradicating Aujeszky's disease

(1) The following provisions of this section apply if—

(a) the Ministers direct that section 32 of the 1981 Act (slaughter of animals affected by diseases other than those mentioned in section 31) shall apply to the disease of pigs known as Aujeszky's disease ; or

(b) that disease is one to which section 32 of that Act applies at the passing of this Act.

(2) Any costs incurred by the Minister (whether before or after the passing of this Act) in consequence of exercising any of his powers under the 1981 Act—

(a) in relation to Aujeszky's disease ; or

(b) in relation to pigs which are affected or suspected of being affected with, or have been exposed to the infection of, that disease;

may be met from the proceeds of a levy imposed in accordance with the following provisions of this section.

(3) The Meat and Livestock Commission (referred to below in this Act as " the Commission ") may submit to the Ministers a scheme (referred to below in this Act as a pig industry levy scheme) for the imposition of charges for the purpose of—

(a) meeting any costs incurred by the Minister as mentioned in subsection (2) above ; and

(b) compensating the owners of any such pigs as are mentioned in that subsection in respect of losses incurred by them in consequence of action taken by the Minister in relation to those pigs under the 1981 Act;

and for the recovery of such charges by the Commission in such manner and from such persons as may be specified in the scheme.

References below in this Act to the levy purposes are references to the purposes mentioned above in this subsection.

(4) Subsections (2) to (11) of section 13 of the 1967 Act (levy on industries to meet Commission's expenses) and section 14 of that Act (registration, returns and records for purposes of levy scheme under section 13) shall apply for the purposes of a pig industry levy scheme as they apply for the purposes of a levy scheme within the meaning of section 13, except that—

(a) references in those provisions to livestock and to livestock products shall be read as references respectively to pigs and to pig products ; and

(b) the reference in section 13(8) to that section shall be read as a reference to this section.

(5) Subject to the following provisions of this section and to section 2 of this Act, the proceeds of any levy imposed under a pig industry levy scheme (referred to below in this Act as the levy fund) shall be applied solely in making payments for the levy purposes.

(6) The Commission may make arrangements for payments to be made for the levy purposes by any other person and may for that purpose pay sums collected by them in pursuance of any such scheme to the person for the time being responsible in accordance with any such arrangements for making payments for the levy purposes.

(7) Without prejudice to the inclusion of any other provisions which appear to the Commission to be appropriate in any arrangements made by the Commission by virtue of subsection (6) above, any such arrangements—

(a) may provide for payments to be made for the levy purposes by the person so responsible otherwise than out of the levy fund at any time when the fund is insufficient to meet those payments ; and

(b) may provide for any expenses incurred by the person so responsible in making payments for the levy purposes in accordance with the arrangements (whether out of the levy fund or otherwise) to be met from the levy fund;

and where before the passing of this Act the person so responsible has made payments for the levy purposes in accordance with arrangements made by the Minister, any arrangements made by the Commission by virtue of subsection (6) above may also provide for any expenses incurred by that person in doing so to be met from the levy fund.

(8) Any expenses incurred by the Commission—

(a) in collecting charges under any pig industry levy scheme;

(b) in making payments themselves for the levy purposes; or

(c) for the purpose of any arrangements made by virtue of subsection (6) above;

may be met from the levy fund.