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Agricultural Marketing Act 1958

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This is the original version (as it was originally enacted).

1(1)Subject to the provisions of this paragraph, an amendment of a scheme may be submitted to the Minister for his approval by the board.

(2)Before an amendment of a scheme is submitted to the Minister under this paragraph the amendment shall be published in the prescribed manner to all registered producers and if, within the prescribed period after it has been so published, a poll on the question whether it shall be submitted to the Minister is demanded by the prescribed number or the prescribed proportion, as the case may be, of the registered producers, the amendment shall not be submitted to the Minister unless a poll on that question has been taken and the result thereof shows that the requisite majority of registered producers has voted in favour of its submission. In this sub-paragraph " prescribed" means prescribed by the scheme.

(3)No scheme shall be amended so as to be applicable to any area to which it would not have been applicable without amendment.

(4)Where an amendment of a scheme is duly submitted to the Minister in accordance with the foregoing provisions of this paragraph, the following provisions of section two of this Act, that is to say, subsections (1), (2), (3), (4), (6), (7), (11), (13) and (14), shall apply in relation to the amendment as if it were a scheme, but subject to the following modifications, that is to say:—

(a)the reference in the said subsection (4) to the following provisions of the said section two shall be construed as including a reference to the provisions of sub-paragraph (3) of this paragraph;

(b)for the said subsection (6) there shall, be substituted the following subsection:—

(6)Before making any modifications, the Minister shall give notice of the proposed modifications to the board and unless, within four weeks after notice has been so given or within such longer time as the Minister may allow, the board notify the Minister that they assent to the modifications, the Minister shall take no further action in the matter;

(c)in the said subsection (7) for the words " the more efficient production and marketing of the regulated product" there shall be substituted the words

the more efficient operation of the schemeand the words " subject to subsection (9) of this section " shall be omitted ; and

(d)except in a case where the Minister is required by the said subsection (3) as applied by this sub-paragraph to direct a public inquiry to be held, the provisions of the said subsection (7) requiring a draft to be laid before Parliament and approval of the draft by Parliament before the Minister approves a scheme, and the provisions of the said subsection (11) requiring that the date specified in the order shall be after the latest date on which either House of Parliament resolves that the scheme shall be approved, shall not apply.

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