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The Abolition of the Intervention Board for Agricultural Produce (Consequential Provisions)(Wales) Regulations 2001

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Welsh Statutory Instruments

2001 No. 3680 (W.301)

AGRICULTURE, WALES

The Abolition of the Intervention Board for Agricultural Produce (Consequential Provisions)(Wales) Regulations 2001

Made

13th November 2001

Coming into force in accordance with article 1

The National Assembly for Wales, being designated(1)for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), hereby makes the following Regulations:—

Title, commencement and interpretation

1.—(1) These Regulations shall be cited as The Abolition of the Intervention Board for Agricultural Produce (Consequential Provisions) (Wales) Regulations 2001 and shall come into force on the day on which the abolition of the Intervention Board takes effect(3).

(2) For the purposes of paragraph (1) “the Intervention Board” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972.

Amendments consequential to the abolition of the Intervention Board for Agricultural Produce

2.—(1) In the Common Agricultural Policy Support Schemes (Modulation)(Wales) Regulations 2000(4) —

(a)in regulation 3(1) —

(i)the definitions of “Board schemes” and “Intervention Board” shall be deleted;

(ii)in the definition of “the relevant amount” the words “or, as the case may be, the Intervention Board” shall be deleted;

(b)in regulation 4(1), the words “or (in the case of payments under Board schemes) the Intervention Board” shall be deleted.

(2) In the School Milk (Wales) Regulations 2001(5)—

(a)In regulation 2(1) —

(i)The definition of “the Board” shall be deleted;

(ii)In the definition of “the European Community subsidy scheme” the words “and administered in Great Britain by the Board” shall be deleted;

(iii)In the definition of “qualifying educational establishment”, for the words “the Board” there shall be substituted the words “the National Assembly”.

(b)In regulation 4(2) for any reference to “the Board” there shall be substituted “the National Assembly”.

(c)In regulation 6, the words “by the National Assembly” shall be deleted and for the words “the Board acting as agent of the National Assembly” there shall be substituted the words “the National Assembly or its agents”.

(d)In regulation 7, for the words “The Board” there shall be substituted the words “The National Assembly or its agents”.

(3) In the Slaughter Premium (Wales) Regulations 2001(6)—

(a)in the following regulations, in addition to any other amendment as may be specified, for the words “the Board” there shall be substituted the words “the National Assembly” —

(i)in regulation 2(1), in the definition of “authorised person”, in both places where they appear;

(ii)in regulation 4(1), in both places where they appear;

(iii)in regulation 5;

(iv)in regulation 8(1);

(v)in regulation 8(6);

(vi)in regulation 9(1);

(vii)in regulation 10;

(viii)in regulation 11;

(ix)in regulation 13(1);

(x)in regulation 14, in both places where they appear;

(xi)in regulation 15, in both places where they appear;

(xii)in regulation 16, in both places where they appear;

(xiii)in regulation 17, in both places where they appear;

(xiv)in regulation 19(1) in the first place where they appear;

(xv)in regulation 19(2) in both places where they appear.

(b)In regulation 7(2) —

(i)the words “by the Board”, in both places where they appear, shall be deleted;

(ii)in both sub-paragraph (a)(i) and sub-paragraph (b)(i), before the word “pursuant” there shall be inserted the words “by the Board or, after the coming into force of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001(7), by the National Assembly”;

(iii)in both sub-paragraph (a)(ii) and sub-paragraph (b)(ii), before the word “pursuant” there shall be inserted the words “by the Board or, after the coming into force of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001, by the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, as the case may be,”;

(c)For regulation 8(3), there shall be substituted the following regulation —

(3) Where a notice in relation to a parcel of land has previously been served —

(a)by the National Assembly under paragraph (1) or under any of the provisions specified in paragraph (5), or

(b)before the coming into force of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001, by the Board under paragraph 1,

the National Assembly may serve a further notice under paragraph (1) in relation thereto without having formed the opinion that it is being overgrazed..

(d)In regulation 8(4) —

(i)For the words “the Board”, in both places where they appear, there shall be substituted the words “the National Assembly”;

(ii)In the third line, the words “by the National Assembly” shall be deleted.

(e)In regulation 19(1) for the words “the Board”, in the second place where they appear, then shall be substituted the word “it”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(8).

John Marek

The Deputy Presiding Officer of the National Assembly

13th November 2001

Explanatory Note

(This note is not part of the Regulations)

These regulations make amendments to secondary legislation extending to Wales (and to agricultural holdings administered by the National Assembly for Wales (“the National Assembly”)), in consequence of the abolition of the Intervention Board for Agricultural Produce (“the Board”) and the transfer, to the National Assembly, of responsibility for certain functions previously exercised by the Board.

In particular, the regulations amend the Common Agricultural Policy Support Schemes (Modulation)(Wales) Regulations 2000, the School Milk (Wales) Regulations 2001 and the Slaughter Premium (Wales) Regulations 2001, and, amongst other things, provide for the references to the Board therein to be replaced with references to the National Assembly.

The abolition of the Intervention Board took effect on 15th November 2001 and these Regulations therefore came into force on that date in accordance with Regulation 1(1).

(1)

By virtue of the European Communities (Designation)(No.3) Order 1999 (S.I. 1999 / 2788).

(3)

The Intervention Board was abolished on 15th November 2001 which is therefore the date these regulations come into force.

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