The Agricultural Marketing (Northern Ireland) Order 1982

Relations of boards with Department, etc. N.I.

Committee of investigation N.I.

21.  F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Art. 21 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107(8)(c), Sch. 11 para. 100(a), Sch. 12; S.I. 2006/2541, art. 2

Action following report by a committee of investigation N.I.

22.  F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 22 repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105, 107(8)(c), Sch. 11 para. 100(b), Sch. 12; S.I. 2006/2541, art.2

[F3 Action following report by [F4 Competition and Markets Authority] N.I.

23.— (1) Paragraph (5) applies in any of the following cases.

(2) The first case is where section 138(2) of the Enterprise Act 2002 (duty to remedy adverse effects following market investigation reference) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme.

(3) The second case is where section 147(2) [F5 or 147A(2)] of the Enterprise Act 2002 (power to remedy adverse effects in public interest cases) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme.

(4) The third case is where—

(a) a report of the [F6 Competition and Markets Authority ] under section 11 of the Competition Act 1980 (c. 21) (references of public bodies etc. ), as laid before Parliament, contains conclusions to the effect that—

(i) certain matters indicated in the report operate against the public interest, and

(ii) those matters consist of or include any provision of a scheme or any act or omission of a board administering a scheme, and

(b) none of the conclusions is to be disregarded by virtue of section 11C(3) of that Act (requirement for two-thirds majority).

(5) The Department shall have the like power to make orders under Article 22 as if a report of a committee of investigation had contained the conclusion that the provision of the scheme in question, or the act or omission in question, is contrary to the interests of consumers of the regulated product.

(6)  An order made by virtue of this Article in a case falling within paragraph (2) or (3) shall be treated, for the purposes of sections 162(1) and 166(3) of the Enterprise Act 2002 (duties to register and keep under review enforcement orders etc. ), as if it were made under the relevant power in Part 4 of that Act to make an enforcement order (within the meaning of that Part). ]

F3 2002 c. 40

F4 Words in art. 23 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 210(2)(b) (with art. 3)

F5 Words in art. 23(3) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 210(2)(a) (with art. 3)

F6 Words in art. 23(4)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 210(2)(b) (with art. 3)

Consultation between boards and other persons N.I.

24 .F7 —(1) A board shall have power to negotiate with any other persons in respect of any matter concerning the marketing of the regulated product, or of any agricultural product from which the regulated product is wholly or partly manufactured or derived, or of any goods wholly or partly manufactured or derived from the regulated product, and to agree with the other parties to the negotiations to bring into consultation in connection therewith such person as may be agreed between the parties or, in default of agreement, nominated by the Department.

(2) A board may pay the whole or any part of the remuneration and expenses of any person whose function it is to advise the board in connection with the excersise of its powers under the scheme, or who is brought into consultation in connection with negotiations entered into by the board in pursuance of this Article.

(3) Any expenses incurred by a board by virtue of this Article shall be deemed to be expenses incurred under the scheme.

F7 mod. by 1984 NI 12, SR 1995/103