The Home-Grown Cereals Authority (Rate of Levy) Order 2006

Statutory Instruments

2006 No. 1357

AGRICULTURE

CEREALS MARKETING

The Home-Grown Cereals Authority (Rate of Levy) Order 2006

Made

17th May 2006

Laid before Parliament

24th May 2006

Coming into force

1st July 2006

The Home-Grown Cereals Authority (“the Authority”) is established by section 1 of the Cereals Marketing Act 1965(1) (“the Act”).

In accordance with section 13(1) of the Act(2), the Authority have prepared an estimate of the amount required to be raised by levy for the purposes of the Authority’s functions under Part I of the Act.

The levy is to be imposed on persons specified in the Home-Grown Cereals Authority Levy Scheme 1987(3) and in the Home-Grown Cereals Authority Oilseeds Levy Scheme 1990(4) for the period of twelve months beginning on 1^st July 2006 (“the relevant year”).

In accordance with section 13(1) of the Act, the Authority has submitted the estimate to the Secretary of State for Environment, Food and Rural Affairs (“the Secretary of State”), the National Assembly for Wales (“the National Assembly”), the Scottish Ministers and the Northern Ireland Department of Agriculture and Rural Development (“the Northern Ireland Department”) (5).

In accordance with section 13(2) of the Act, the Authority has also submitted, together with the estimate, proposals as to the kinds of home-grown cereals(6) in respect of which a levy should be imposed and as to the apportionment of the amount specified in the estimate as between those kinds of home-grown cereals.

In accordance with section 13(3) of the Act, the Secretary of State and the National Assembly—

(a) have determined that the amount to be raised by levy for the relevant year for such purposes shall be £10,499,000 and that the kinds of home-grown cereals in respect of which the levy is to be imposed for the relevant year shall be wheat (including durum wheat), barley, oats, rye, maize, triticale or any two or more of those cereals grown as one crop, and rapeseed, linseed, soyabean, sunflowerseed or any two or more of those oilseeds grown as one crop; and

(b) have apportioned the amount so determined as between those cereals and those oilseeds so that the amount to be raised by levy in respect of the cereals is £9,010,000 and the amount to be so raised in respect of the oilseeds is £1,489,000 and the rates of levy on each kind of cereal or each kind of oilseed respectively are the same.

Accordingly, the Secretary of State and the National Assembly(7), acting jointly, in exercise of the powers conferred upon them by sections 13(3) and 23(1) of the Act, and with the consent of the Scottish Ministers(8) and the Northern Ireland Department(9), make the following Order:

Citation and commencement

1.  This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 2006 and comes into force on 1st July 2006.

Interpretation

2.  In this Order, “the relevant year” means the period of 12 months beginning on 1st July 2006.

Rates of Levy – Cereals

3.—(1) For the relevant year, the rates of levy per tonne of cereals delivered, which appear to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, are—

(a) 50.8775 pence in respect of dealer levy,

(b) 47 pence in respect of grower levy,

(c) 9.69375 pence in respect of standard rate processor levy, and

(d) 4.7 pence in respect of reduced rate processor levy.

(2) In this article, expressions used have the meaning given to them by paragraph 2 of the Schedule to the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987(10).

Rate of Levy - Oilseeds

4.—(1) For the relevant year, the rate of levy per tonne of oilseeds delivered, which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 76.375 pence.

(2) In this article, the term “oilseeds” has the meaning given to it by paragraph 2 of the Schedule to the Home-Grown Cereals Authority Oilseeds Levy Scheme (Approval) Order 1990(11).

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

17th May 2006

Signed on behalf of the National Assembly for Wales

D. Elis-Thomas

Presiding Officer

16th May 2006

We consent

David Henderson-Howatt

A member of the Scottish Executive

26th April 2006

The Department of Agriculture and Rural Development

hereby consents to the foregoing Order.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 8th May 2006

David Small

A Senior Officer of the

Department of Agriculture and Rural Development

Explanatory Note

(This note is not part of the Order)

For the purposes of financing the Home-Grown Cereals Authority’s non-trading functions under Part I of the Cereals Marketing Act 1965 for the year beginning on 1^st July 2006, this Order specifies the rates of dealer levy, grower levy and processor levies which appear to the Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales to be sufficient to meet the amount apportioned to certain cereals grown in the United Kingdom. The relevant cereals are wheat (including durum wheat), barley, oats, rye, maize, triticale, or any two or more such cereals grown as one crop.

This Order also specifies the rate of levy which appears to the Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales, to be sufficient to meet the amount apportioned to certain oilseeds grown in the United Kingdom. These oilseeds are rapeseed, linseed, soyabean, sunflowerseed or any two or more of such oilseeds grown as one crop.

The Scottish Ministers and the Northern Ireland Department for Agriculture and Rural Development consent to these determinations.

Levy will be imposed in accordance with the provisions of the Home-Grown Cereals Authority Cereals Levy Scheme 1987 (as varied) and the Home-Grown Cereals Authority Oilseeds Levy Scheme 1990, both of which are schemes in force under section 16 of the Act.

The Order comes into force on 1^st July 2006.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

1965 c. 14; section 1 was amended by sections 4 and 24(4) of, and paragraph 2 of Schedule 3 to, the Agriculture Act 1986 (c. 49).

(2)

Section 13 of the Cereals Marketing Act 1965 (“the Act”) was amended by the Cereals Marketing Act 1965 (Amendment) Regulations 1979 (S.I. 1979/26) and section 24(5) of, and Schedule 4 to, the Agriculture Act 1986. Section 13(1) requires the Home-Grown Cereals Authority (“the Authority”) to prepare and submit an estimate of the amount required to be raised by levy for that year to Ministers.

(3)

Approved (with modifications) by the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987 (S.I. 1987/671). It was varied by: the Home-Grown Cereals Authority Levy (Variation) Scheme 1990, which was approved (with a modification) by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1990 (S.I. 1990/1316); the Home-Grown Cereals Authority Levy (Variation) Scheme 1991, which was approved by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1991 (S.I. 1991/1302); the Home-Grown Cereals Authority Levy (Variation) Scheme 1996, which was approved (with modifications) by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 1996 (S.I. 1996/2843); and the Home-Grown Cereals Authority (Variation) Scheme 2001, which was approved by the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 2001 (S.I. 2001/2687). It was amended in relation to England, Wales and Northern Ireland by regulations 7(1) and 7(4) of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), and in relation to Scotland by regulation 3(2) of the Abolition of the Intervention Board for Agricultural Produce (Consequential Provisions) (Scotland) Regulations 2001 (S.S.I. 2001/390).

(4)

Approved by the Home-Grown Cereals Authority Oilseeds Levy Scheme (Approval) Order 1990 (S.I. 1990/1317) which was amended in relation to England, Wales and Northern Ireland by regulations 7(1) and 7(9) of the Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), and in relation to Scotland by regulation 3(7) of the Abolition of the Intervention Board for Agricultural Produce (Consequential Provisions) (Scotland) Regulations 2001 (S.S.I. 2001/390).

(5)

Section 13 of the Act provides for Ministers to make an order, specifying rates of levy sufficient to meet the amount required to be raised for the purposes of the non-trading functions of the Authority under the Act. See the definition of “the Ministers” in section 24(1) of the Act. By virtue of regulation 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the functions of the Minister of Agriculture, Fisheries and Food under section 13 of the Act were transferred to the Secretary of State for Environment, Food and Rural Affairs.

(6)

For the definition of “home-grown cereals” and the meaning of “kind of cereals”, see section 24(2) and (3) of the Cereals Marketing Act 1965(c. 14), as amended by section 6(7) of the Agriculture Act 1986 (c. 49) and the Cereals Marketing Act (Application to Oilseeds) Order 1989 (S.I. 1989/1200).

(7)

In respect of the National Assembly for Wales, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), made under, inter alia, section 22 of the Government of Wales Act 1998 (c. 38), transferred the functions of the Secretary of State for Wales to the National Assembly to the same extent that they had been transferred to the Secretary of State for Wales by S.I. 1969/388 and S.I. 1978/272.

(8)

By article 2 of, and the Schedule to, the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319), made under section 88(5) of the Scotland Act 1998 (c. 46), the Home-Grown Cereals Authority were specified as a cross-border public authority for the purposes of that Act. By article 3 of, and paragraph 3 of Schedule 13 to, the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747), the functions of the Secretary of State for Scotland in relation to, inter alia, section 13 of the Cereals Marketing Act 1965 ceased and the functions under that section are now exercisable only with the consent of the Scottish Ministers.

(9)

By article 6 of the Northern Ireland Act 1998 (Modification of Enactments) Order 2002 (S.I. 2002/2843), the functions of the Secretary of State for Northern Ireland in relation to section 13 of the Cereals Marketing Act 1965 ceased and the functions under that section are now only exercisable with the consent of the Northern Ireland Department.

(10)

S.I. 1987/671; varied as explained in footnote (c) to the Preamble to this Order.

(11)

S.I.1990/1317; amended as explained in footnote (d) to the Preamble to this Order.