Export Marketing (Polls) (Jersey) Order 2002
DEVELOPMENT COMMITTEE, in pursuance of Article 5 of the Agricultural Marketing (Jersey) Law 1953, orders as follows –
Commencement [see endnotes]
In this Order –
“appointed day” means –
(a) in relation to the initial poll, 28th
January 2002; and
(b) in relation to any other poll, such day as
the Minister may determine;
“Law” means the Agricultural Marketing (Jersey) Law 1953;
“potatoes” means harvested potatoes grown in
Jersey, not being maincrop potatoes or of a class or description for the time
being exempt by virtue of paragraph 29(c) of the Scheme, and includes any
product produced or derived from potatoes, whether consumable or not;
“qualifying date” means –
(a) in relation to the initial poll, 11th
January 2002; and
(b) in relation to any other poll, such date as
the Minister may determine;
“register” means the register of producers
kept by the Minister in pursuance of Article 4 of the Law; and
“Scheme” means the Jersey Potato Export Marketing Scheme 2001.
a poll under the Scheme is to be taken the Minister shall, at least 7 days
before the appointed day, deliver to every person who was a registered producer
on the qualifying date a Notice of Poll which shall specify –
(a) the date, time and place at which the poll
is to be taken;
(b) the evidence of identity of the registered
producer that shall be required before a voting paper may be issued to the
registered producer at the poll;
(c) the information that the registered producer
will be required to enter on to the voting paper to enable the result of the
poll to be calculated;
(d) the date, time and place at which the votes
shall be counted; and
(e) the evidence required of an agent of a
registered producer who is a body corporate or a partnership that the agent is
duly authorized to vote on behalf of the registered producer.
Notice of Poll under paragraph (1) may specify more than one date, time
and place at which the poll may be taken.
the purposes of paragraph (1) a Notice of Poll shall be deemed to be duly
delivered to a registered producer if sent to the registered producer by post
at the registered producer’s address as it appears in the register.
person shall have the right to vote on a poll unless the person was a
registered producer on the qualifying date.
A registered producer who desires
to vote on a poll shall do so by –
in person or, if the registered producer is a body corporate or a partnership,
by duly authorized agent, at the place, date or time, or at one of the places,
dates or times (if more than one) specified in the Notice of Poll;
to the person presiding over the poll –
(i) such evidence of identity, and
(ii) where the person is the agent of a
registered producer who is a body corporate or a partnership, such evidence of the
person’s authority to vote on behalf of the registered producer,
as may be specified in the Notice
in full a voting paper in the form set out in the Schedule to this Order or in
a form substantially to the like effect which shall be provided at the poll by
the person presiding over the poll; and
the completed voting paper in the ballot box provided before leaving the place
of the poll.
Minister shall cause the votes delivered on a poll to be counted by a person
appointed by the Minister at the date, time and place specified in the Notice
vote shall not be counted in any case where –
(a) it is not given in the form prescribed by
this Order; or
(b) the reply to the question proposed is not
clear and without ambiguity.
Except as is otherwise provided in
the Law, the proportion of registered producers necessary to determine the
question proposed on a poll shall be –
less than 2/3 of the total number of registered producers voting on the poll;
producers who, in the calendar year preceding that in which the qualifying date
falls, in total grew not less than 2/3 of the area of potatoes which all the
registered producers voting on the poll grew in that year.
The quantity of potatoes which a
registered producer is capable of producing in any year shall, in the case of
the initial poll, be deemed to be the quantity of potatoes declared by the
registered producer in the registered producer’s application for
registration made under Article 2 of the Jersey Potato Export Marketing (Registration of
Producers) (Jersey) Order 2001, and in the case of any subsequent poll shall be as determined by
the Minister by Order.
The Minister shall, as soon as may
be after the votes given on a poll have been counted, cause the Board
administering the Scheme to be informed of the result of the poll and shall
cause a notice of the result of the poll to be published in the Jersey Gazette.
This Order may be cited as the
Jersey Potato Export Marketing (Polls) (Jersey) Order 2002.