Price Stability of Imported Products (Levy Arrangements) (Cereals) Order 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/631 |
| Year | 1971 |
1971 No. 631
AGRICULTURE
The Price Stability of Imported Products (Levy Arrangements) (Cereals) Order 19717thApril 1971
22ndApril 1971
1stJuly 1971
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland, acting jointly in exercise of the powers conferred upon them by section 1(2), (3), (4), (6) and (7) of the Agriculture and Horticulture Act 1964(a) and of all other powers enabling them in that behalf, with the approval of the Treasury, hereby make the following order:—
PART I
Citation and Commencement
1. This order may be cited as the Price Stability of Imported Products (Levy Arrangements) (Cereals) Order 1971, and shall come into operation on 1st July 1971.
Interpretation
2.—(1) In this order, except where the context otherwise requires—
"the Act" means the Agriculture and Horticulture Act 1964;
"the Commissioners" means the Commissioners of Customs and Excise;
"Customs Tariff" means the Customs Tariff 1959 (as provided under section 1(4) of the Import Duties Act 1958(b)); and "tariff heading" means a heading of the Customs Tariff;
"delivery of the customs entry" means, in relation to any goods, the delivery of the entry thereof in accordance with section 28 of the Customs and Excise Act 1952(c);
"minimum import price level" means in relation to imports into the United Kingdom of any specified commodity a mimimum import price level for the time being prescribed therefor by the Ministers, with the approval of the Treasury, by order made under section 1(2), (4) and (6) of the Act;
(a) 1964 c. 28.
(b) 6 & 7 Eliz. 2. c. 6.
(c) 1952 c. 44.
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"the Ministers" means the Minister and the Secretaries of State respectively concerned with agriculture in Scotland and Northern Ireland acting jointly;
"produce" and "related product" have the meaning respectively assigned to them by section 1(10) of the Act;
"specified commodity" means any description of produce or related product in relation to which the powers conferred by section 1(2) of the Act are exercisable by virtue of the Price Stability of Imported Products (Specified Commodities) Order 1964(a) as amended (b) (being orders made by the Ministers under section 1(1) of the Act).
(2) In the interpretation and application of this order any reference to—
(a) barley having a potential diastatic activity value of not less than a specified number of degrees shall be construed as a reference to barley having such a value when calculated in accordance with the method of determination set forth in Schedule 1 to this order;
(b) "denatured" means—
(i) in relation to wheat, treated with any one of the dyes specified in Schedule 2 to this order in such manner that the wheat shall contain not less than the quantity of that dye specified in relation thereto in column 4 of that Schedule evenly distributed throughout so that not less than 5 per cent. of the grains are dyed and so distributed;
(ii) in relation to wheat meal, treated with any one of the dyes specified in the said Schedule in such manner that the wheat meal shall contain not less than the quantity of that dye specified in relation thereto in column 4 of the said Schedule evenly distributed throughout;
(iii) as an alternative, in relation to wheat meal, treated with potassium iodate in such a manner that the wheat meal shall contain iodine equivalent to not less than 40 parts per million by weight and not more than 80 parts per million by weight of potassium iodate evenly distributed throughout;
and "denaturing" shall be construed accordingly.
(3) The Interpretation Act 1889(c) shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament and as if this order and the orders hereby revoked were Acts of Parliament.
(4) Any reference in this order, except article 16 hereof, to any other order shall be construed as a reference to that order as amended by any subsequent order, and if any order referred to in this order, except as aforesaid, is replaced by any subsequent order the reference shall be construed as a reference to that subsequent order.
(a) S.I. 1964/655 (1964 II, p. 1225).
(b) S.I. 1965/1556 (1965 II, p. 4551).
(c) 1889 c. 63.
PART II—LEVIES
Charging of Levies
3.—(1) With a view to maintaining the minimum import price level for any specified commodity or allowing for the effect for that or other specified commodities of its maintenance there shall be charged for the use of Her Majesty such levy on any specified commodity imported into the United Kingdom as may be determined in accordance with the provisions of this order.
(2) Any such levy shall be charged on those imports into the United Kingdom of specified commodities for which a rate of levy prescribed by order made by the Minister under section 1 of the Act is for the time being in force.
Prescribing of Levies
4.—(1) Before prescribing the rate of any levy to be charged on any specified commodity imported into the United Kingdom the Minister shall compare the appropriate minimum import price level with prices, assessed on a basis similar to that which applies to the minimum import price level, at which consignments are or might reasonably be available for import into the United Kingdom having regard to prices at which supplies are or have recently been on offer from any country or countries from which it appears likely to the Minister that supplies of the specified commodity might be imported; and the Minister shall take into account any other factors which he considers relevant with a view to maintaining the appropriate minimum import price level or to allowing for the effect for that or other specified commodities of its maintenance.
(2) Any imports of a specified commodity may be distinguished for the purposes of any levy by reference to quality, origin or in any way which appears to the Minister to be required.
Extent of Levy
5.—(1)...
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