PART 2

Food and agricultural markets
CHAPTER 2

Intervention in agricultural markets

Declaration relating to exceptional market conditions
20
1
The Secretary of State may make and publish a declaration in accordance with this section if the Secretary of State considers that there are exceptional market conditions which justify making the powers conferred by or referred to in section 21 available for use.
2
In this Part “exceptional market conditions” exist where—
a
there is a severe disturbance in agricultural markets or a serious threat of a severe disturbance in agricultural markets, and
b
the disturbance or threatened disturbance has, or is likely to have, a significant adverse effect on agricultural producers in England in terms of the prices achievable for one or more agricultural products.
3
A declaration must—
a
state that the Secretary of State considers that there are exceptional market conditions which justify making the declaration,
b
describe the exceptional market conditions in question, in particular by specifying—
i
the disturbance or threatened disturbance in agricultural markets,
ii
any agricultural product which is or is likely to be affected by the disturbance or threatened disturbance, and
iii
the grounds for considering that the conditions in subsection (2)(a) and (b) are met in relation to that disturbance or threatened disturbance,
c
describe the grounds for considering that the exceptional market conditions justify making the powers conferred by or referred to in section 21 available for use, and
d
state that the powers conferred by or referred to in section 21 are (unless the declaration is revoked sooner) available for use in relation to the exceptional market conditions until such day as the declaration may specify.
4
A declaration has effect from when it is published until the end of the day specified under subsection (3)(d) (which may not be later than the last day of the period of three months beginning with the day on which it is published).
5
The Secretary of State may revoke a declaration by making and publishing a further declaration stating that the declaration is revoked.
6
If at any time during the period of seven days ending with the day specified under subsection (3)(d) the Secretary of State considers that—
a
there continue to be exceptional market conditions, and
b
they justify extending the availability of the powers conferred by or referred to in section 21,
the Secretary of State may make and publish a further declaration extending the effect of the original declaration for such period (not exceeding three months) as the further declaration may specify.
7
The fact that a declaration under this section has expired or been revoked does not prevent the Secretary of State from making and publishing another declaration relating in whole or part to the same exceptional market conditions.
8
A copy of any declaration made and published under this section must be laid before Parliament by the Secretary of State as soon as practicable after it is published.
9
In this section and section 21 a reference to agricultural markets, agricultural producers or agricultural products includes horticultural markets, horticultural producers or horticultural products (as the case may be).