Hops Marketing Act 1982 (repealed)

Subject to the provisions of this Act— are hereby revoked.

Subsection (1) above shall come into force on such day (in this Act referred to as " the appointed day ") as the Minister of Agriculture, Fisheries and Food may appoint by an order made by statutory instrument.

Paragraph 6 of Schedule 1 to the said Act of 1958 and paragraph 6(2) of Schedule 2 to that Act (which contain savings where a scheme is revoked under that Act) shall have effect on the revocation of the Scheme by this section as if it had then been revoked under that Act.

The Hops Marketing Board (in this Act referred to as " the Board") shall cause a poll of the producers registered under the Scheme to be taken on the question whether the property, rights and liabilities of the Board should on the appointed day be transferred to such person or persons respectively as may be specified by the Board in the voting paper for the poll.

If— the property, rights and liabilities of the Board shall on that day and by virtue of this Act become the property, rights and liabilities of such person or persons respectively as are specified in the resolution.

In subsection (2)(a) above " the requisite majority " means a majority comprising—

Paragraphs 25(b), 25A to 29 and 79 of, and the First Schedule to, the Scheme shall apply in relation to the poll under subsection (1) above as they apply in relation to polls held under the Scheme, except that the reference in paragraph 29(2) to the number of registered producers voting in favour of or against the amendment or revocation of the Scheme shall be construed as a reference to the number of registered producers voting in favour of or against the proposal that the property, rights and liabilities of the Board should be transferred as mentioned in subsection (1) above.

The Board shall cause the poll under subsection (1) above to be taken as soon as practicable after the passing of this Act, and if the result of the poll under that subsection is such that subsection (2) (a) above does not apply, the Board may at any time before the appointed day cause a further poll or polls of registered producers to be taken under this section; and subsections (1) to (4) above shall apply in relation to any such further poll as if it were the poll required to be taken under subsection (1) above.

Nothing in section 47(2) of the Agricultural Marketing Act 1958 (restriction on disclosure of information) shall preclude the disclosure of any information reasonably required by a person in connection with any property, rights or liabilities transferred to him by virtue of this Act.

For the purposes of the Employment Protection (Consolidation) Act 1978 there shall be deemed to have been no break in the employment of any person who is transferred by virtue of this Act from the employment of the Board to that of another person.

Where a resolution is passed by the Board as mentioned in section 2(2) (6) above, the provisions of this section shall have effect on and after the appointed day with respect to contracts to which subsection (2) below applies.

Without prejudice to the effect of subsection (2) of section 2 above, any offer of hops made to and accepted by the Board before the appointed day under a Forward Contract Plan established by them for a crop season after 1980 shall be treated as having been made to and accepted by such person as is specified in that behalf in the resolution mentioned in paragraph (b) of that subsection.

The relevant provisions of the Scheme shall, notwithstanding section 1 above, continue to apply so far as necessary for giving effect to any contract to which subsection (2) above applies, references to the Board in those provisions and in the Forward Contract Plan in question being construed, as respects anything falling to be done on or after the appointed day, as references to the person referred to in that subsection.

Where a contract to which subsection (2) above applies relates to a crop season before 1984, the hops which the producer shall be required to consign under the contract in the case of any variety of hops offered by him are— but nothing in this subsection shall require a producer to consign a quantity of hops of any variety in excess of the quantity of those hops actually produced by him in the season in question.

In this section—

No general election of members of the Board shall be held under paragraph 7 of the Scheme after the passing of this Act, and the term of office of any member of the Board or of any committee appointed under paragraph 10 of the Scheme shall, instead of expiring at any other time, expire at such time as the Board are dissolved under subsection (7) below or in consequence of being wound up under subsection (8) below.

Where a resolution is passed by the Board as mentioned in section 2(2)(b) above, subsections (3) to (7) below shall have effect on and after the appointed day with respect to the Board, and notwithstanding section 1 above—

Subject to subsection (4) below, if the appointed day is other than 1st April, the Board's financial year then current shall be deemed to have ended with the day before the appointed day.

If the appointed day falls on or after 2nd April but before 2nd July in any year, the Board's financial year which would apart from this section have ended on the preceding 31st March shall instead be deemed to have ended with the day before the appointed day.

The Board shall have all such powers as are necessary for the performance of their duties under paragraph 32 of the Scheme or for otherwise winding up their affairs, including, in particular, power to make arrangements with any person for the use by the Board of the services of a person whose contract of employment has been transferred to that person pursuant to a resolution under section 2(2) (b) above, or for the use of any office accommodation which has been so transferred.

Any expenses incurred by the Board on or after the appointed day under the preceding provisions of this section shall be defrayed by the person in whom the fund established under paragraph 30 of the Scheme has vested in accordance with section 2(2) above (or if it has so vested in more than one person, by those persons rateably according to the proportions in which it has so vested in them).

As soon as the Minister of Agriculture, Fisheries and Food is satisfied that the requirements of paragraph 32 of the Scheme have been complied with on the part of the Board in respect of their financial years up to and including the one ending immediately before the appointed day, and on being notified by them that they have wound up their affairs, the Minister shall, after consulting the Board, make an order by statutory instrument dissolving the Board on such day as is specified in the order.

If no resolution is passed by the Board as mentioned in section 2 (2) (b) above the said Minister shall present a petition for the winding up of the Board in accordance with the Scheme and Schedule 2 to the Agricultural Marketing Act 1958; and if, in the event of the Board being so wound up, any assets of the Board remain after the discharge of their debts and liabilities and the payment of the costs and expenses incurred in the winding up, those assets shall be distributed to the producers who would have been by virtue of paragraph 5 of that Schedule liable to contribute in the winding up, and shall be so distributed in proportion to their respective liabilities in that behalf.

This Act may be cited as the Hops Marketing Act 1982.

In this Act—