The Welsh Levy Board Order 2008

Article 3(3)

SCHEDULE 1 Functions of the Welsh Levy Board

1.  Promoting or undertaking scientific research.

2.—(1) Promoting or undertaking inquiry—

(a) as to materials and equipment, and

(b) as to methods of production, management and labour utilisation.

(2) Promoting or undertaking inquiry under sub-paragraph (1) includes promoting or undertaking—

(a) the discovery and development of—

(i) new materials, equipment and methods, and

(ii) improvements in those already in use,

(b) the assessment of the advantages of different options, and

(c) the conduct of experimental establishments and of tests on a commercial scale.

3.  Promoting the production and marketing of standard products.

4.  Promoting the better definition of trade descriptions and consistency in the use of trade descriptions.

5.  Developing, promoting, marketing or operating—

(a) standards relating to the quality of products, or

(b) systems for the classification of products.

6.  Developing, reviewing or operating schemes for the certification of products or of operations connected with production or supply of products.

7.  Undertaking the certification of products, the registration of certification trade marks, and the functions of proprietors of such marks.

8.  Providing or promoting the provision of—

(a) training for persons engaged in or proposing to be engaged in the industry, and

(b) their education in subjects relevant to the industry.

9.—(1) Promoting—

(a) the adoption of measures for securing safer and better working conditions, and

(b) the provision and improvement of amenities for persons employed.

(2) Promoting or undertaking inquiry as to measures for securing safer and better working conditions.

10.  Promoting or undertaking research into the incidence, prevention and cure of industrial diseases.

11.  Promoting or undertaking arrangements for encouraging the entry of persons into the industry.

12.  Promoting or undertaking research for improving arrangements for marketing and distributing products.

13.  Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.

14.  Promoting arrangements—

(a) for co-operative organisations,

(b) for supplying materials and equipment, and

(c) for marketing and distributing products.

15.  Promoting the development of export trade, including promoting or undertaking arrangements for publicity overseas.

16.  Promoting or undertaking arrangements for better acquainting the public in the United Kingdom with the goods and services supplied by the industry and methods of using them.

17.  Promoting or undertaking the collection and formulation of statistics.

18.  Advising on any matters relating to the industry (other than remuneration or conditions of employment) as to which the Welsh Ministers may request the Welsh Levy Board to advise, and undertaking inquiry for the purpose of enabling the Welsh Levy Board to advise on such matters.

19.  Undertaking arrangements for making available information obtained, and for advising, on matters with which the Welsh Levy Board is concerned in the exercise of any of its functions.

20.  Engaging in any form of collaboration or co-operation with other persons in performing any of its functions.

Article 4

SCHEDULE 2 Constitution and proceedings of the Welsh Levy Board

Procedure

1.—(1) The Welsh Levy Board may determine its own procedure, and in particular it may—

(a) determine a quorum;

(b) appoint committees and sub-committees to advise it in the exercise of any of its functions; and

(c) determine the quorum and procedure of any those committees.

(2) Any committee may include members who are not members of the Welsh Levy Board.

Members' terms of office and removal from office

2.—(1) The term of office of the chairman or a board member may not exceed four years.

(2) A member may resign by giving written notice to the Welsh Ministers.

(3) The Welsh Ministers may remove a member who—

(a) has been absent from meetings of the Welsh Levy Board for a period of longer than 6 months without the permission of the Welsh Levy Board,

(b) becomes bankrupt or makes an arrangement with his or her creditors or (in Scotland) has his or her estate sequestrated, or

(c) in the opinion of the Welsh Ministers has become unable, unfit or unsuitable to carry out his or her duties.

(4) A person who ceases to be a member or ceases to be chair or deputy chair is eligible for reappointment to that office.

(5) A member of the board must immediately disclose any direct or indirect interest in any contract or other matter proposed or discussed by the board.

(6) The disclosure must be recorded in the minutes of the Welsh Levy Board, and that member must not take part after the disclosure in any discussion or decision of the board on that contract, but the member may, nevertheless, be taken into account for the purpose of constituting a quorum of the board.

Voting etc.

3.  Each member (including the chair) has one vote, and if a vote is tied the person who is chair of the meeting has a casting vote.

Remuneration and allowances

4.—(1) The Welsh Levy Board may pay to its members any expenses properly incurred by them in carrying out its business, and may pay such remuneration and allowances as the Welsh Ministers determine.

(2) If—

(a) a person ceases to be a member, and

(b) it appears to the Welsh Ministers that there are special circumstances which make it appropriate for the person to receive compensation,

the Welsh Ministers may direct the board to pay the person such amount as the Welsh Ministers determine.

(3) The Welsh Levy Board may pay to committee members any expenses properly incurred by them in carrying out its business, and may pay such remuneration and allowances as may be determined by the Welsh Ministers.

Employees

5.  The Welsh Levy Board may appoint such employees as it determines, and may pay to them such remuneration and other allowances, and make such provision for pensions, as it determines.

Article 6

SCHEDULE 3 Levies

PART 1 Introduction

Subsidiary and other companies

1.  Where the Welsh Levy Board has established or acquired a subsidiary or nominated company for any of the activities specified in this Schedule, references to the Welsh Levy Board are references to that subsidiary or other company.

Partnerships

2.  In this Schedule “person” (“person”) includes a partnership.

PART 2 Cattle, sheep and pigs

Levy on cattle, sheep and pigs

1.—(1) A person who is the occupier of a slaughterhouse (“the slaughterer”) must pay a levy on all cattle, sheep and pigs slaughtered.

(2) Any person who exports live cattle, sheep or pigs (“an exporter”) must pay a levy.

(3) The levy is based on the number of animals slaughtered or exported.

(4) The levy consists of two parts, the producer levy and the slaughter or export levy.

(5) The Welsh Levy Board may make provision for a reduction of the slaughter levy and export levy to cover the administrative costs of the slaughterer or exporter in administering the levy.

(6) If a slaughterer or exporter buys an animal for slaughter or export, he or she must deduct the producer levy from the price he or she pays, and hold it on trust for the Welsh Levy Board.

(7) If a slaughterer slaughters an animal without buying it, he or she must charge the owner both the producer levy and the slaughter levy, and hold it on trust for the Welsh Levy Board.

(8) The maximum rate of levy is in accordance with the following table.

Maximum levy for cattle, sheep and pigs

Levy category	Maximum rate of levy per head (£)
(a) For these purposes a calf is an animal under six months old (in the case of an exported animal) or an animal with a dressed slaughter weight of less than 68 kg (in the case of a slaughtered animal).
Cattle — slaughterer or exporter (except calves)	1.75
Cattle (except calves) — producer	5.25
Calf(a) — slaughterer or exporter	0.50
Calf(a) — producer	0.50
Sheep — slaughterer or exporter	0.20
Sheep — producer	0.60
Pigs — slaughterer or exporter	0.275
Pigs — producer	1.075

Exceptions

2.—(1) Levy is not payable for animals imported from another member State and slaughtered within 3 months in the case of cattle and 2 months in the case of pigs or sheep.

(2) Levy is not payable if an animal is subject to compulsory slaughter or the entire carcase is declared as unfit for human consumption by the official veterinarian.

Returns by a slaughterhouse occupier

3.—(1) A slaughterer must notify the Welsh Levy Board, by the end of each Wednesday, of the number of animals subject to levy slaughtered in the previous week up to the end of Sunday, broken down into types of animal.

(2) If a slaughterer estimates that the total number of animals that will be slaughtered will be fewer than 25 each week in total, he or she may apply to the Welsh Levy Board to be registered as a small operator; and if the Welsh Levy Board agrees to so register him or her, he or she must notify the Board on or before the fifteenth day of each month of the number of animals subject to levy slaughtered in the previous month broken down into types of animal.

(3) Failure to comply with this paragraph is an offence.

Payment of the levy by slaughterhouse occupiers

4.  An occupier of a slaughterhouse must pay the levy due for animals slaughtered in any month within 15 days from the end of the month.

Returns and payment of the levy by exporters

5.—(1) An exporter must notify the Welsh Levy Board, within 30 days of the end of the month, of the number of animals exported the previous month, and failure to do so is an offence.

(2) He or she must pay the levy on invoice.

Enforcement

6.—(1) A person appointed by the Welsh Levy Board may, on producing a duly authenticated document showing his or her authority if required, enter any slaughterhouse at any reasonable hour to check any records to ensure that the correct levy has been paid.

(2) It is an offence to obstruct any person acting under this paragraph or to fail to produce records on demand.