Food Act 1984

Ministerial functions as to sugar beet E+W+S

68 Research and education. U.K.

[F1 (1) The appropriate Minister, after consultation with the [F2 processors of home-grown beet] and with any body which in that Minister’s opinion is substantially representative of growers of home-grown beet—

(a) shall prepare for each year a programme for carrying out research and education in matters affecting the growing of home-grown beet; and

(b) may by order provide for carrying any such programme into effect.

(2) Any such programme for any year shall contain an estimate of the amount of the expenditure to be incurred in carrying it out; and any order made for carrying such a programme into effect shall, in particular, provide—

(a) for assessing the contributions towards defraying such expenditure to be made by the [F2 processors of home-grown beet] and by every grower of home-grown beet who delivers beet to the [F2 processors of home-grown beet] in that year; and

(b) for the collection of such contributions and the recovery of unpaid contributions by the appropriate Minister.

(3) All contributions paid in accordance with an order under subsection (1) shall be paid into a research and education fund.

(4) All expenditure certified by the appropriate Minister to have been properly incurred in carrying out any programme prepared under this section (including expenditure incurred by him or on his behalf) shall be defrayed out of the fund mentioned in subsection (3).

(5) That fund shall be under the Minister’s control; and an account showing the revenue and expenditure of the fund for any year shall, not later than 30th November in the year following that to which it relates, be transmitted by the Minister to the Comptroller and Auditor General, who shall examine and certify the account and lay copies of it, together with his report on it, before Parliament.

[F3 (5A) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(6) In this section—

• “the appropriate Minister”—

(a) in relation to a programme or order extending to the whole of Great Britain, means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly,

(b) in relation to a programme or order extending only to England and Wales, means the Minister and the Secretary of State, acting jointly,

(c) in relation to a programme or order extending only to Scotland, means the Secretary of State;

• [F4 “ year ” means a period of 12 months beginning with 1st April;

and in this section and sections 69 and 69A “ home-grown beet ” means sugar beet grown in Great Britain ]]

Subordinate Legislation Made

P1 S. 68: for exercises of power see Index to Government Orders

S. 68 power exercised by S.I.1991/393

Textual Amendments

F1 S. 68 repealed (E.W.) (9.5.2003) by Regulatory Reform (Sugar Beet Research and Education) Order 2003 (S.I. 2003/1281), arts. 1(1), 3

F2 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 52, 54, Sch. 2 para. 13

F3 S. 68(5A) inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 52, 54, Sch. 2 para. 13(2)

F4 Definitions substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 52, 54, Sch. 2 para. 13(3)

Modifications etc. (not altering text)

C1 S. 68: transfer of functions (27.12.1999) by S.I. 1999/3141, art. 2(1), Sch. (with art. 2(5)(7))

69 Crop price. E+W+S

(1) If as regards the home-grown beet crop for any year it is made to appear to the Ministers—

(a) by the processors of home-grown beet, or

(b) by a body which is in their opinion substantially representative of the groers of home-grown beet,

that the processors and that body are unable to agree on the prices and other terms and conditions for the purchase of home-grown beet by the processors, the Ministers may determine or designate a person to determine those prices, terms and conditions.

(2) Any purchase by processors for which prices, terms and conditions have been so determined, or contract for such a purchase, shall take effect as a purchase or contract for purchase at those prices and on those terms and conditions.

(3) In this section [F5 and section 69A] [F6 -“home-grown beet” means sugar beet grown in Great Britain; and] “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly.

Textual Amendments

F5 Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 52, 54, Sch. 2 para. 14

F6 Words in s. 69(3) inserted (E.W.) (9.5.2003) by Regulatory Reform (Sugar Beet Research and Education) Order 2003 (S.I. 2003/1281), arts. 1(1), 4

Modifications etc. (not altering text)

C2 S. 69: transfer of functions (27.12.1999) by S.I. 1999/3141, art. 2(1), Sch. (with art. 2(5)(7))

[F7 69A Information. E+W

(1) For the purpose of facilitating—

(a) the making of a determination under section 69(1); or

(b) the preparation or conduct of discussions concerning Community arrangements for or relating to the regulation of the market for sugar,

the appropriate Minister may serve on any processor of home-grown beet a notice requiring him to furnish in writing, within such period as is specified in the notice, such information as is so specified.

(2) Subject to subsection (3), information obtained under subsection (1) shall not be disclosed without the previous consent in writing of the person by whom the information was furnished; and a person who discloses any information so obtained in contravention of this subsection shall be liable—

(a) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;

(b) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.

(3) Nothing in subsection (2) shall restrict the disclosure of information to any of the Ministers or the disclosure—

(a) of information obtained under subsection (1)(a)—

(i) to a person designated to make a determination under section 69(1); or

(ii) to a body which substantially represents the growers of home-grown beet; or

(b) of information obtained under subsection (1)(b), to the [F8 EU] institution concerned.

(4) In this section “ the appropriate Minister ” means—

(a) in relation to England, the Minister of Agriculture, Fisheries and Food; and

(b) in relation to Scotland or Wales, the Secretary of State]

Textual Amendments

F7 S. 69A inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 52, 54, Sch. 2 para. 15

F8 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Modifications etc. (not altering text)

C3 S. 69A: transfer of functions (27.12.1999) by S.I. 1999/3141, art. 2(1), Sch. (with art. 2(5)(7))

C4 S. 69A functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))