Part IV Miscellaneous and Supplementary

Other miscellaneous provisions

60 Agricultural development councils: levies.

1

Section 4 of the M1Industrial Organisation and Development Act 1947 (levies by development councils) shall, in the case of a development council order relating to agriculture, have effect subject to the following modifications.

2

In subsection (1)—

a

after the words “made on” there shall be inserted “ such persons as may be specified in the order, being ”, and

b

the words “on persons”, in the second place where they occur, shall be omitted.

3

After subsection (2) there shall be inserted—

2A

An order providing for such charges may contain provision—

a

authorising such of the persons on whom the charges are imposed as may be specified in the order to recover all or part of the charges imposed on them from such other persons carrying on business in the industry as may be so specified; and

b

authorising the deduction from the charges payable by the persons with such a right of recovery, or the repayment to them, of—

i

such amounts as may be determined by or under the order in respect of expenses incurred by them in exercising that right, and

ii

any sums which are, in accordance with provision made by or under the order, to be treated as irrecoverable.

4

In subsection (3), after “incidence of the charges” there shall be inserted “ , taking into account any provision made under subsection (2A) of this section, ”.

5

For the purposes of subsection (1) above, a development council order shall be taken to relate to agriculture if any of the activities that are to be treated as constituting the industry to which the order relates is an agricultural activity.

6

In this section—

  • “agriculture” has the same meaning as in the M2Agriculture Act 1947, and “agricultural” shall be construed accordingly; and

  • “development council order” means an order under the M3Industrial Organisation and Development Act 1947 establishing a development council.