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The Agricultural Marketing (Reorganisation Commission) Regulations 1950

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Statutory Instruments

1950 No. 1869

AGRICULTURAL MARKETING

The Agricultural Marketing (Reorganisation Commission) Regulations, 1950

Made

21st November 1950

Laid before Parliament

23rd November 1950

Coming into Operation

1st December 1950

In pursuance of sub-section (3) of section 16 of the Agricultural Marketing Act, 1931, and section 18 of the Agricultural Marketing Act, 1949, and of all other powers enabling them in that behalf, the Minister of Agriculture and Fisheries, the Secretary of State for Scotland and the Secretary of State for the Home Department (being the Secretary of State concerned with agriculture in Northern Ireland) hereby make the following regulations:—

1.  These regulations may be cited as the Agricultural Marketing (Reorganisation Commission) Regulations, 1950, and shall come into operation on the first day of December, 1950.

2.  The Interpretation Act, 1889, applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

3.  The Agricultural Marketing (Reorganisation Commission) (England) Regulations, 1932(1), the Agricultural Marketing (Reorganisation Commission) (England) Amending Regulations, 1934(2), the Agricultural Marketing (Reorganisation Commission) (Great Britain) Regulations, 1932(3), the Agricultural Marketing (Reorganisation Commission) (Great Britain) Amending Regulations, 1934(4), the Agricultural Marketing (Reorganisation Commission) (Scotland) Regulations, 1933(5), the Agricultural Marketing (Reorganisation Commission) (England and Northern Ireland) Regulations, 1934(6), the Agricultural Marketing (Reorganisation Commission) (United Kingdom) Regulations, 1934(7), and the Agricultural Marketing (Reorganisation Commission) (Scotland and Northern Ireland) Regulations, 1935(8), are hereby revoked.

4.  In these regulations unless the context otherwise requires:—

Commission” means an Agricultural Marketing Reorganisation Commission constituted under the Agricultural Marketing Acts, 1931 to 1949(9) .

the Minister” means— in relation to a Commission for Great Britain, the Minister of Agriculture and Fisheries and the Secretary of State for Scotland, acting in conjunction; in relation to a Commission for England, the Minister of Agriculture and Fisheries; in relation to a Commission for Scotland, the Secretary of State for Scotland; and, in relation to a Commission for Great Britain or any part thereof and Northern Ireland, the Minister of Agriculture and Fisheries and the Secretary of State for Scotland or either of them as may be appropriate in accordance with the foregoing provisions of this regulation acting in conjunction with the Secretary of State concerned with agriculture in Northern Ireland.

5.  The meetings, quorum and procedure of every Commission shall be regulated in accordance with these regulations.

6.  The first meeting of a Commission shall be held on such day and at such time and place as the Minister may appoint, and the Minister shall give seven days' notice in writing of the meeting to each member of the Commission. Subsequent meetings of a Commission shall be held at such times and places as the Commission may determine.

7.—(a) Save as in this regulation provided, the meetings of a Commission shall not be open to the public.

(b)Save as provided by section 15 (5) of the Agricultural Marketing Act, 1931, a Commission may from time to time resolve that the public shall be admitted generally, or with limitations as to time or otherwise, to any meeting or meetings, and, if the resolution is approved by the Minister, the meeting or meetings shall be open to the public in accordance therewith.

8.—(1) If the Chairman is absent from any meeting of a Commission, the members of the Commission present shall elect one from among themselves to act as deputy for the Chairman and to preside at that meeting.

(2) If the Chairman is absent from three consecutive meetings of a Commission, the Secretary of the Commission shall, immediately after the third of such meetings, report the matter to the Minister stating, if he is aware of it, the reason for the Chairman's absence, and the Minister may thereupon, if he thinks fit, appoint some other person to act as Chairman, either temporarily until the absent Chairman resumes his duties, or permanently in the place of such absent Chairman, who shall, in the latter case, cease upon such appointment to be Chairman.

9.  Three members of a Commission shall constitute a quorum.

10.  Every question at any meeting of a Commission shall be determined by a majority of the votes of the members present and voting on the question, and, in the case of an equal division of votes, the Chairman, or, in the absence of the Chairman, the deputy for the Chairman, shall have a second or casting vote.

11.  Any scheme prepared, or recommendation made, by a Commission shall be submitted by the Commission to the Minister, and shall be accompanied by a note of any observations which any member of the Commission, who dissents from the scheme or recommendations or any part thereof, desires to make.

12.  A Commission shall cause minutes of its proceedings to be kept in a Minute Book and such minutes shall be signed by the Chairman, or, in the absence of the Chairman, by the deputy for the Chairman at the meeting at which they are approved as correct. A Commission shall also cause a record to be kept showing the names of the members present at each meeting.

13.  Any report to the Minister under section 15 (5) of the Agricultural Marketing Act, 1931, shall state in detail the specific matter into which the Commission wishes to enquire, and the reasons for its belief that information with respect to that matter is being, or is likely to be, withheld.

14.  Expenses shall be incurred by a Commission only with the prior consent of the Minister and in accordance with instructions issued by him from time to time, and the Secretary of a Commission shall keep accounts of any expenses properly incurred by or on behalf of the Commission in such form as the Minister may from time to time direct.

15.  A Commission shall furnish to the Minister such information relating to the performance of its functions as the Minister may from time to time require.

16.  Subject to the provisions of section 15 of the Agricultural Marketing Act, 1931, and of these regulations, the procedure of a Commission shall be such as the Commission may determine.

In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this twenty-first day of November, 1950.

T. Williams

Minister of Agriculture and Fisheries

Given under the Seal of the Secretary of State for Scotland this twenty-first day of November, 1950.

Hector McNeil

Secretary of State for Scotland

Given under the Hand of the Secretary of State for the Home Department this twenty-first day of November, 1950.

J. Chuter Ede

Secretary of State for the Home Department

EXPLANATORY NOTE

These regulations consolidate the provisions of eight instruments, revoked by regulation 3, relating to the meetings and procedure of Agricultural Marketing Reorganisation Commissions constituted for various parts of the United Kingdom and extend those provisions to Commissions constituted under section 18 (7) of the Agricultural Marketing Act, 1949.

(1)

P. 2.

(2)

I, p. 5.

(3)

P. 4.

(4)

I, p. 4.

(5)

P. 2.

(6)

I, p. 6.

(7)

I, p. 1.

(8)

P. 1.

(9)

21 & 22 Geo. 5. c. 42; 23 & 24 Geo. 5. c. 31; 24 & 25 Geo. 5. c. 1; 12, 13 & 14 Geo. 6. c. 38.

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