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.
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
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) .
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.
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 ).
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 ).
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.
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 ).
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 .
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.
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.
S.I. 1987/671 ; varied as explained in footnote (c) to the Preamble to this Order.
S.I.1990/1317 ; amended as explained in footnote (d) to the Preamble to this Order.