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The Potato Marketing Board (Dissolution) Order 1999

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Statutory Instruments

1999 No. 1817

AGRICULTURE

The Potato Marketing Board (Dissolution) Order 1999

Made

28th June 1999

Coming into force

31st July 1999

Whereas the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, and the Secretary of State for Wales (“the Ministers”) are satisfied that the Potato Marketing Board (“the Board”) has carried out any functions that remained to it, have been given notice by the Board that it has wound up its affairs, and have consulted the Board;

Now therefore, the Ministers, acting jointly, in exercise of the powers conferred on them by sections 38(5) and 49(2) of the Agriculture Act 1993(1) and of all other powers enabling them in that behalf, hereby make the following Order–

Title and commencement

1.  This Order may be cited as the Potato Marketing Board (Dissolution) Order 1999 and shall come into force on 31st July 1999.

Dissolution of the Potato Marketing Board

2.  On 31st July 1999 the Potato Marketing Board shall be dissolved.

Donoughue

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

23rd June 1999

Sewel

Parliamentary Under Secretary of State, Scottish Office

22nd June 1999

Jon Owen Jones

Parliamentary Under Secretary of State, Welsh Office

28th June 1999

Explanatory Note

(This note is not part of the Order)

In accordance with section 38(5) of the Agriculture Act 1993 (“the Act”), this Order dissolves the Potato Marketing Board (“the Board”). The Order comes into force on 31st July 1999.

The Board was constituted by paragraph 7 of the Schedule to the Potato Marketing Scheme (Approval) Order 1955 (S.I. 1955/690, amended by S.I. 1962/883, 1971/711, 1976/133, 1985/312, 1987/282, 1990/1626 and 1994/2404, and by section 64 of, and Schedule 5 to, the Act), to administer the Potato Marketing Scheme (“the Scheme”) approved under the said Order of 1955.

The Scheme was revoked under sections 25 and 26 of the Act, as read with the Potato Marketing Scheme (Commencement of Revocation Period) Order 1996 (S.I. 1996/336) and the Potato Marketing Scheme (Certification of Revocation) Order 1997 (S.I. 1997/3020). The latter Order also certified the transfer, under section 35 of the Act, of the property, rights and liabilities of the Board, to the British Potato Council (a development council established by the Potato Industry Development Council Order 1997 (S.I. 1997/266)) under a Scheme approved by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, and the Secretary of State for Wales (“the Ministers”) under section 28 of the Act.

By virtue of section 37 of the Act, the Board was not deemed to be dissolved by reason of the revocation of the Scheme but, further to the Potato Marketing Board (Residuary Functions) Regulations 1997 (S.I. 1997/1573) made under section 38 of the Act, was preserved in residuary form together with so much of the Scheme as related to the winding up of the Board.

The residuary Board has now carried out the functions that remained to it (being confined to those set out in the Potato Marketing Board (Residuary Functions) Regulations 1997), and has given notice to the Ministers that it has wound up its affairs.

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