The Agricultural Marketing (Northern Ireland) Order 1982

Disciplinary provisions of schemes N.I.

11 .F1 —(1) Every scheme shall be so framed as to secure that there is a committee of the board, to be known as the disciplinary committee, constituted, at each sitting thereof, of not less than four nor more than six members of the board and a chairman who is not a member of the board but is an independent person who is a barrister of not less than seven years' standing or a solicitor of not less than seven years' standing and is approved by the Department.

(2) Subject to the provisions of this Article, every scheme shall require the disciplinary committee to impose on, and the board to recover from, any registered producer who contravenes any provision of the scheme made in pursuance of Article 8(2), 9(1)(h) or 10(2) such monetary penalties as may be specified by the scheme.

(3) No such penalty shall be imposed in respect of a contravention of the scheme which constitutes an offence under this Part or any other statutory provision.

(4) Every scheme shall be so framed as to secure—

(a) that no such penalty is imposed on a registered producer except after a hearing by the disciplinary committee and by the decision thereof, taken in accordance with the opinion of all or the majority of the members thereof;

(b) that notice of the time and place of every such hearing and a written statement of the charge against the producer in question is served personally or by registered post or the recorded delivery service on that producer at least fourteen days before the hearing;

(c) that no penalty is imposed for any such contravention which occurred more than six years, or such less time as is specified in the scheme, before the service of the said written statement of the charge;

(d) that, where such a written statement of a charge against a producer has been sent to or served on him as aforesaid and the charge is withdrawn or is not substantiated before the said committee, the board has the power, and, to such extent as the said committee may decide, the duty, to make payments to the producer in respect of his costs in connection with the charge; and

(e) that, in such circumstances and subject to such conditions as may be specified in the scheme, the said committee has the power and the duty to reconsider and, if need be, vary its decisions and that effect is given to any such variation.

(5) For the purposes of Article 10(1)(b) and of any provision of a scheme made in pursuance of that sub-paragraph acts or omissions of the disciplinary committee shall be deemed to be acts or omissions of the board.

(6) Every hearing by the disciplinary committee of a board shall be held in public unless the committee for special reasons direct that the whole or part thereof shall not be so held.

(7) The chairman of the disciplinary committee of a board may direct that any evidence given at a hearing by the committee shall be given on oath and may for that purpose administer oaths.

(8) If, at any sitting of the disciplinary committee of a board, there is an equal division of opinion on any question, the opinion of the chairman shall prevail, and the reference in paragraph (4)(a) to the opinion of the majority of the members of such committee shall be construed accordingly.

F1 mod. by 1984 NI 12, SR 1995/103