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Agricultural Marketing Act 1958

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This is the original version (as it was originally enacted).

53Provisions as to Northern Ireland

(1)This Act, except in so far as it is otherwise expressly provided therein, and subject to the provisions of this section, shall extend to Northern Ireland.

(2)Legislation enacted, whether before or after the commencement of this Act, by the Parliament of Northern Ireland, enabling schemes to be made for regulating the marketing of agricultural products, may, notwithstanding any limitation imposed by section four of the Government of Ireland Act, 1920, on the power of the said Parliament to make laws—

(a)authorise or require the making of provision in such schemes for all or any of the matters for which provision may or must be made in schemes under this Act;

(b)confer on boards administering such schemes all or any of the powers conferred on boards by Part I of this Act;

(c)enable regulations to be made for regulating the removal from Northern Ireland into Great Britain of any agricultural product the marketing of which is regulated by a scheme for the time being in force under this Act or under such legislation as aforesaid enacted by the Parliament of Northern Ireland:

Provided that any scheme or regulation made under such legislation as aforesaid enacted by the Parliament of Northern Ireland shall, in so far as the scheme or regulation involves or may involve a matter in respect of which any limitation is so imposed as aforesaid, have effect only if, and so long as, there is in force a certificate given by the Secretary of State concerned with agriculture in Northern Ireland, certifying that it is expedient that the scheme or regulation, as the case may be, should have full effect, as subserving the purposes of—

(i)an order under Part III of this Act regulating sales of an agricultural product, or

(ii)a scheme under this Act, or

(iii)arrangements made by persons producing an agricultural product in Great Britain as to the quantity of that product, or of any description thereof, which is to be produced or sold by them;

and the said Secretary of State may at any time revoke a certificate given by him for the purposes of this provision, but without prejudice to anything previously done under the scheme or regulations in respect of which the certificate was given, or to the making of a new scheme or new regulations, as the case may be.

(3)Without prejudice to the generality of the powers conferred by paragraph (c) of the last foregoing subsection, regulations made by virtue of those powers may regulate the removal from Northern Ireland into Great Britain of the agricultural product to which the regulations relate by determining for any such period as may be specified in the regulations—

(a)the quantity of the product, or of any description thereof, which may be so removed;

(b)the descriptions of the product which may be so removed.

(4)Before giving or revoking a certificate under this section, the Secretary of State concerned with agriculture in Northern Ireland shall consult the Board of Trade, the Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland.

(5)The consumers' committees, committees of investigation and Agricultural Marketing Facilities Committees for Great Britain, for England and Wales and for Scotland shall operate, and the Agricultural Marketing Fund and the Agricultural Marketing (Scotland) Fund shall be applicable, in relation to schemes applicable to Northern Ireland or any part thereof, in like manner as they operate and are applicable respectively in relation to schemes not applicable to Northern Ireland or any part thereof, but when any such committee is considering any scheme applicable to Northern Ireland or any part thereof there shall be added thereto as additional members thereof such persons as the Minister may appoint for the purpose. In this subsection the reference to the Minister includes a reference to the Secretary of State concerned with agriculture in Northern Ireland.

(6)Notwithstanding anything in the Agricultural Returns Act (Northern Ireland), 1939, as amended by any subsequent enactment of the Parliament of Northern Ireland, any returns made under that Act may be used for the purpose of compiling any list under section five of this Act.

(7)Subsection (7) of section six of this Act shall have effect in Northern Ireland as if the words " not being a magistrates' court" were omitted.

(8)Section twelve of this Act shall have effect in Northern Ireland as if for the reference therein to section twenty-one of the Arbitration Act, 1950, and to section twenty-six of that Act there were substituted respectively a reference to section twenty-two of the Arbitration Act (Northern Ireland), 1937, and to section sixteen of the last-mentioned Act.

(9)Subsection (5) of section eighteen of this Act shall have effect in Northern Ireland as if—

(a)for the reference therein to section one hundred and eleven of the County Courts Act, 1934, there were substituted a reference to sections thirty-five and thirty-seven of the County Officers and Courts (Ireland) Act, 1877;

(b)for the words " within the district of which " there were substituted the words

having jurisdiction in the area in which;

(c)references therein to the High Court were references to the High Court of Justice in Northern Ireland.

(10)For the purpose of negotiations between a board administering a scheme which is not applicable to Northern Ireland or any part thereof and the board administering a scheme made under legislation enacted by the Parliament of Northern Ireland for regulating the marketing of an agricultural product, the provisions of section thirty-one of this Act relating to the power of a board to negotiate with other persons shall have effect as if the reference therein to the Minister were a reference to the Minister and the Secretary of State concerned with agriculture in Northern Ireland.

(11)In the application of this Act to Northern Ireland references to summary conviction shall be construed as references to summary conviction under the enactments (including enactments of the Parliament of Northern Ireland) for the time being in force in Northern Ireland relating to summary jurisdiction.

(12)An Act of the Parliament of Northern Ireland may provide that the provisions of Part I of this Act and of this section (except subsections (2), (3), (4) and (10) thereof) shall cease to have effect in Northern Ireland except in relation to schemes already approved before the passing of the first-mentioned Act, and in that event those provisions shall cease to have effect accordingly except in relation to schemes already approved as aforesaid.

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