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PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - LONG TITLE

An Act to establish a Pig Production Development Committee and a
Pig Production Development Fund; to make provision with respect to
services and facilities intended to benefit persons engaged in the
production of pigs or to increase, encourage or make more profitable
the production of pigs or to secure improvements in the quality of
pigs; for the purpose of meeting costs incurred in connection with
the provision of services and facilities as aforesaid, to provide
for the imposition and payment by certain persons of a levy in
respect of pigs sold to the Pigs Marketing Board, in respect of
certain pigs sold to other persons and in respect of pigs exported
from Northern Ireland; and for purposes connected with those matters.
[7th July 1964]
Northern Ireland Pig Production Development Committee.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 1

1.(1) There shall be established a committee which shall be known
as the Northern Ireland Pig Production Development Committee (in this
Act referred to as "the Committee") and the members of the
Committee shall be appointed by the Minister of Agriculture (in this
Act referred to as "the Minister") in accordance with the provisions
of Part I of the Schedule.

(2) The Committee shall be a body corporate with perpetual
succession and section 19 of the Interpretation Act (Northern
Ireland) 1954 shall, subject to the provisions of this Act, apply
to the Committee.

(3) The Committee shall not, without the consent of the Ministry of
Agriculture (in this Act referred to as "the Ministry"), exercise
any power to acquire land.

(4) The Committee may, with the consent of the Ministry or in
accordance with the terms of any authority given by the Ministry,
borrow temporarily from any other person by way of overdraft or
otherwise such sums as the Committee may require.

(5) The proceedings of the Committee shall be conducted in
accordance with the provisions of Part II of the Schedule.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 2
Functions of Committee.

2.(1) The functions of the Committee shall be to provide services
and facilities intended to benefit persons engaged in the production
of pigs or to increase, encourage or make more profitable the
production of pigs or to secure improvements in the quality of pigs
and, without prejudice to the generality of the foregoing,

(a)to promote or provide schemes for the production and distribution
of high quality breeding stock and services and facilities for
progeny testing, performance testing and artificial insemination of
pigs;

(b)to promote or undertake investigations, research and education in
connection with the production of pigs generally;

(c)to give such financial assistance as the Committee may think fit
to other persons to meet expenditure incurred or likely to be
incurred by those persons in providing any services or facilities
mentioned in this subsection.

(2) The Committee shall make recommendations to the Ministry as to
the amount of the levy to be paid under section 4, and in making
such recommendations shall have regard to the expenses incurred, or
likely to be incurred, in carrying out their functions under
subsection (1).

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 3
Pig Production Development Fund.

3.(1) For the purposes of this Act there shall be established and
maintained a fund to be called the Pig Production Development Fund
(in this Act referred to as "the Development Fund") which shall be
administered by the Ministry on behalf of the Committee.

(2) The Ministry shall bear all expenses incurred by it in
administering the Development Fund.

(3) There shall be credited to and paid into the Development Fund
all moneys received by the Ministry or the Committee under or for
the purposes of any provision of this Act or any order made
thereunder.

(4) The Committee shall transmit to the Ministry for payment into
the Development Fund all moneys received by the Committee in the
exercise of their functions under this Act.

(5) Where so authorised by the Committee the Ministry shall make
payments out of the Development Fund to meet expenditure incurred or
to be incurred by the Committee in carrying out any of their
functions under this Act or any order made thereunder, but the
Ministry may, without the authority of the Committee, make payments
out of the Development Fund under section 8(2).

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 4
Contributions where pigs sold to the Pigs Marketing Board.

4.(1) For the purpose of enabling the Committee to meet expenses
incurred or likely to be incurred by them in connection with the
carrying out of their functions under this Act, there shall be paid
by every person who sells pigs to the Pigs Marketing Board (in
this Act referred to as "the Board") [a contribution of such amount
(not exceeding one per cent. of any payment made by the Board to
that person in respect of such pigs)] as the Ministry, on the
recommendation of the Committee, may by order made subject to
negative resolution determine.

(2) The Board shall deduct from the amount payable [to a person in
respect of pigs sold by him to them a sum equal to the
contribution payable by that person under subsection (1)] and shall
pay to the Ministry, at such times and in such manner as the
Ministry may direct, an amount equal to the sums so deducted.

(3) Where the Board in accordance with subsection (2) make a
deduction from the amount payable to any person, the sum deducted
shall be deemed, for the purposes of subsection (1), to have been
paid by that person.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 5
Power to impose levy on pigs sold to, or exported by, persons
other than the Board.

5.(1) For the purpose mentioned in section 4(1), the Ministry on
the recommendation of the Committee may, by order made subject to
negative resolution, impose, upon every person other than the Board
who sells pigs for slaughter in Northern Ireland or exports pigs
from Northern Ireland, a levy in respect of each pig sold by him
to any person other than the Board or exported by him from
Northern Ireland, not being a pig which is sold for the purposes
of breeding, rearing or fattening in Northern Ireland.

(2) The amount of a levy imposed by an order made under subsection
(1) shall be [of such amount as the Department, on the
recommendation of the Committee, may, by order, determine] and shall
be payable to the Committee or, if the order so provides, to the
Ministry on behalf of the Committee.

(3) An order made under subsection (1) may

(a)for the purpose of enabling the liability of persons to pay a
levy imposed under the order to be determined, require every person,
other than the Board, purchasing pigs for slaughter in Northern
Ireland or exporting pigs from Northern Ireland to keep and produce
to the Ministry such records and make such returns to the Ministry
as may be specified in the order;

(b)make provision as to the time and place at which and the manner
in which payment of the levy imposed under the order shall be
made, including provision for the payment of the levy by other
persons on behalf of persons upon whom the levy is imposed;

(c)make provision for the recovery of the levy imposed under the
order and for the payment out of the Development Fund of any
expenses incurred in recovering the levy;

(d)provide for the payment of such fees as may be determined by
the Committee to any person authorised to collect on behalf of the
Ministry or the Committee any levy imposed under the order;

(e)make such other provision as may be necessary or expedient for
the purposes of carrying the provisions of the order into effect.

(4) Information contained in records or returns produced or made to
the Ministry in pursuance of a requirement in an order made under
subsection (1) shall not, without the consent in writing of the
person by whom the information was furnished, be disclosed except

(a)in connection with the execution of this Act or any order made
thereunder; or

(b)for the purposes of any proceedings pursuant thereto or of any
report of such proceedings; or

(c)in the form of a summary of similar returns or information
furnished by or obtained from a number of persons, being a summary
so framed as not to enable particulars relating to the business of
an individual person to be ascertained therefrom.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 6
Offences.

6.(1) Any person who acts in contravention of any provision of an
order made under section 5 shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding [#500].

(2) Any person who being required by an order made under section 5
to produce any record or make any return produces or makes any
record or return which to his knowledge is false in a material
particular, shall be guilty of an offence and shall, without
prejudice to the provisions of [Article 10 of the Perjury (Northern
Ireland) Order 1979], be liable on summary conviction to imprisonment
for a term not exceeding six months or to a fine not exceeding
[#500] or to both such imprisonment and such fine.

(3) Any person who knowingly discloses any information in
contravention of section 5(4) shall be guilty of an offence and
shall be liable on summary conviction to imprisonment for a term
not exceeding six months or to a fine not exceeding [#500] or to
both such imprisonment and such fine.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 7
Expenses of Committee.

7.(1) Notwithstanding anything in section 19 of the Interpretation
Act (Northern Ireland) 1954 or in any other provision of this Act
the Committee shall not have power to employ staff.

(2) The Committee shall authorise the Ministry to make payments out
of the Development Fund to meet expenses for secretarial and any
other services rendered to the Committee.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 8
Expenses of members of Committee.

8.(1) No salary shall be paid to any member of the Committee but
there may be paid to any member allowances for travelling and other
out-of-pocket expenses incurred by him in connection with the
business of the Committee at such rates as the Committee, with the
approval of the Ministry, may determine.

(2) Allowances payable under this section shall be paid by the
Ministry out of the Development Fund.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 9
Investment of surplus funds.

9.(1) The Ministry may, if so recommended by the Committee, invest
on their behalf any part of the Development Fund which is not for
the time being required for any other purpose in any securities in
which trustees are entitled by law and in the absence of a
direction contained in their trust instrument to invest trust moneys.

(2) The Ministry, if so authorised by the Committee, may from time
to time vary or transpose all moneys invested under this section
into other investments authorised under this section, and may at any
time, for the purpose of such variation or transposition, or in
order to utilise for the purposes of this Act the invested portion
of the Development Fund, sell and convert into money all or any
investments made under this section.

(3) All dividends and interest received on investments made under
this section shall be paid into the Development Fund.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 10
Accounts, audit and reports.

10.(1) The Ministry shall keep an annual account showing the income
and expenditure of the Development Fund and shall prepare a balance
sheet as at the date to which the annual account is made up and
shall cause the account and balance sheet to be audited by such
member of a body of accountants [established in the United Kingdom
and for the time being recognised by the Ministry of Commerce for
the purposes of section 155(1)(a) of the Companies Act (Northern
Ireland) 1960] [for the time being listed in Article 26(1)(a) of
the Companies (Northern Ireland) Order 1978] as the Committee may
appoint.

(2) The Committee shall prepare an annual report, and a copy of
the report and of the account and balance sheet certified by the
auditor appointed under subsection (1) shall be supplied, either free
of charge or on payment of such sum not exceeding [#1] as may be
fixed by the Committee, to any person who makes application therefor
to the Committee.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 11
Provision for winding up of the Committee and the distribution of
assets.

11.(1) On the Committee ceasing to exist or to carry out their
functions under this Act or on the recommendation of the Committee,
the Ministry may by order made subject to affirmative resolution
provide for the winding up of the Committee and, in accordance with
the provisions of the order, for the transfer to the Board or for
the distribution to, or for the benefit of, persons engaged in the
production of pigs of any moneys standing to the credit of the
Development Fund and of any other assets then held by or on behalf
of the Committee.

(2) An order made under subsection (1) may for the purpose of the
winding up of the Committee apply Part IX of the Companies Act
(Northern Ireland) 1960 (provisions for the winding up of
unregistered companies) subject to such modifications as may be
specified in the order.

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 12
Interpretation.

12. In this Act

"the Board" has the meaning assigned to it by section 4(1);

"the Committee" has the meaning assigned to it by section 1(1);

"the Development Fund" has the meaning assigned to it by section
3(1);

"the Minister" has the meaning assigned to it by section 1(1);

"the Ministry" has the meaning assigned to it by section 1(3).

PIG PRODUCTION DEVELOPMENT ACT (NORTHERN IRELAND) 1964 - SECT 13
Short title.

13. This Act may be cited as the Pig Production Development Act
(Northern Ireland) 1964.

1.(1) The Committee shall consist of the following members appointed
by the Minister

(a)two persons nominated by the Ulster Farmers' Union;

(b)two persons nominated by the Board;

(c)one person nominated by the National Pig Breeders' Association
(Irish Members Advisory Committee);

(d)one person nominated by the Northern Ireland Landrace Pig
Breeders' Association;

(e)two persons nominated by the Ministry.

(2) Where any of the bodies (other than the Ministry) mentioned in
sub-paragraph (1) ceases to exist or fails, within three months
after the occurrence of any vacancy, to nominate a person for
appointment to the Committee, the Minister may appoint to fill that
vacancy a person who in his opinion is capable of representing the
interests which were or are represented by that body.

2. If a casual vacancy occurs in the membership of the Committee
the Minister shall appoint a person nominated by the body by whom
the person whom he replaces was nominated.

3.(1) Subject to the following provisions of this paragraph, the
term of office of members of the Committee shall be three years.

(2) A person appointed to fill a casual vacancy shall hold office
only for the remainder of the term for which the member whom he
replaces was appointed.

(3) A member nominated by the Ministry shall hold office until
another person nominated by the Ministry is appointed in his place,
or, if an established officer on the staff of the Ministry, until
he ceases to be an official of the Ministry, whichever event first
occurs.

Sub-para.(4) rep. by SLR 1976

4.(1) Where a member of the Committee is absent from six
consecutive meetings of the Committee, the Committee may by
resolution declare that member to be disqualified for membership of
the Committee and thereupon his office as member of the Committee
shall become vacant.

(2) On a member of the Committee

(a)becoming bankrupt or making a composition with his creditors;

(b)being convicted of an indictable offence;

(c)being detained in any place for more than seven days under any
enactment relating to persons of unsound mind and for the time
being in force in any part of the United Kingdom;

(3) A member of the Committee may at any time resign from the
Committee by letter or notice in writing addressed or given to the
Minister.

(4) Where any member of the Committee ceases to be a member of
the body by which he was nominated, that body may withdraw his
nomination and notify the Minister in writing of the withdrawal, and
thereupon that member shall be deemed to have resigned from the
Committee.

5. A member of the Committee whose term of office expires by
effluxion of time or who has resigned or who is deemed to have
resigned shall be eligible for re-nomination and re-appointment.

1.(1) At the first meeting of the Committee and thereafter at the
first meeting next held after the 1st April in each year the
Committee shall elect one of their members to be chairman.

(2) The chairman so elected shall continue in that office until a
new chairman is elected in accordance with sub-paragraph (1).

(3) An outgoing chairman shall, if he continues to be a member of
the Committee, be eligible for re-election.

(4) At a meeting of the Committee

(a)the chairman shall, if present, be chairman of the meeting;

(b)if and so long as the chairman is not present or if the office
of chairman is vacant, the members of the Committee who are present
shall choose one of their number to be chairman of the meeting.

2.(1) The quorum for a meeting of the Committee shall be four.

(2) Every question at a meeting of the Committee shall be
determined by a majority of the votes of the members present and
voting on the question, and in the case of an equal division of
votes, the chairman of the meeting shall have a second or casting
vote.

3. The Committee shall have power to act notwithstanding any vacancy
in their numbers.

4. The common seal of the Committee shall, when applied to a
document, be attested by the signatures of any two members of the
Committee authorised by the Committee to act for that purpose.

5. Any contract or instrument which, if entered into or executed by
an individual, would not require to be under seal may be entered
into or executed on behalf of the Committee by any person generally
or specially authorised by the Committee to act for that purpose.

6.(1) A member of the Committee shall, if he is in any way
directly or indirectly interested in any contract made or proposed
to be made by the Committee which involves or is likely to involve
any payment out of the Development Fund, disclose the nature of his
interest at a meeting of the Committee as soon as possible after
the relevant circumstances have come to his knowledge.

(2) Any disclosure made by a member under sub-paragraph (1) shall
be recorded in the minutes of the Committee and, if the other
members of the Committee present at the meeting so decide, that
member shall not take part after the disclosure in any deliberation
or decision of the Committee with respect to that contract.

(3) Where under sub-paragraph (2) a member is prohibited from taking
part in any deliberation or disclosure, that member shall be
disregarded for the purpose of constituting a quorum of the
Committee for any such deliberation or decision.

7. No defect in the appointment of any person acting as a member
of the Committee shall vitiate any proceedings of the Committee in
which he has taken part.