2006 No. 1357

AGRICULTURECEREALS MARKETING

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

Made

Laid before Parliament

Coming into force

The Home-Grown Cereals Authority (“the Authority”) is established by section 1 of the Cereals Marketing Act 19651 (“the Act”).

In accordance with section 13(1) of the Act2, 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 19873 and in the Home-Grown Cereals Authority Oilseeds Levy Scheme 19904 for the period of twelve months beginning on 1st 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 cereals6 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 Assembly7, 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 Ministers8 and the Northern Ireland Department9, make the following Order:

Citation and commencement1

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

Interpretation2

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

Rates of Levy – Cereals3

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 198710.

Rate of Levy - Oilseeds4

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 199011.

Jeff RookerMinister of StateDepartment for Environment, Food and Rural Affairs

Signed on behalf of the National Assembly for Wales

D. Elis-ThomasPresiding Officer

We consent

David Henderson-HowattA member of the Scottish Executive

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 SmallA Senior Officer of theDepartment of Agriculture and Rural Development

(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 1st 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 1st July 2006.

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