SCHEDULE
Jersey Potato Export
Marketing Scheme 2001
PART 1
PRELIMINARY
1 Citation
This Scheme may be cited
as the Jersey Potato Export Marketing Scheme 2001.
2 Interpretation
(1) In
this Scheme, unless the context otherwise requires –
“Board” means
the Jersey Potato Export Marketing Board established by paragraph 3;
“Chief Executive
Officer” means the person from time to time employed by the Board as its
Chief Executive Officer;
“export” means
the sending for sale of potatoes outside of Jersey whether directly or via some
other place to a destination in the United Kingdom, the Bailiwick of Guernsey
or the Isle of Man for consumption there;
“fund” means
the fund established by paragraph 23;
“Law” means
the Agricultural
Marketing (Jersey) Law 1953;
“marketing
organisation” means any person –
(a) having
or acquiring potatoes for export by him or her; or
(b) acting
as an agent for another person in the export of potatoes,
pursuant to the provisions
of this Scheme;
“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),
and includes any product produced or derived from potatoes, whether consumable
or not;
“prescriptive
resolution” means a resolution of the Board embodying a determination of
the Board in accordance with the provisions of this Scheme and which is
recorded in the record provided for in paragraph 57;
“producer”
means a person who is a producer of potatoes;
“registered”
means registered under the provisions of the Law for the purposes of this
Scheme;
“Secretary”
means any person for the time being authorized by the Board to act as its
Secretary; and
“suspensory period”
means a period beginning on the date when the scheme is approved and ending at
the expiration of one calendar month commencing on the date of the declaration
of the result of the initial poll.
(2) The
Interpretation
(Jersey) Law 1954, shall apply to the interpretation of this Scheme as
it applies to the interpretation of an enactment.
(3) A
reference in this Scheme to a Part or a paragraph by number only and without
further identification is a reference to the Part or paragraph of that number
in this Scheme.
(4) A
reference in a paragraph or other division of this Scheme to a sub-paragraph or
clause by number or letter only and without further identification is a
reference to the sub-paragraph or clause of that number or letter in the paragraph
or other division of this Scheme.
(5) Unless
the context otherwise requires, a reference in this Scheme to an enactment is a
reference to that enactment as amended from time to time and includes a
reference to that enactment as extended or applied under another enactment,
including another provision of this Scheme.
PART 2
THE BOARD
3 Establishment of the Board
A Board shall be
established to administer this Scheme which shall be called the Jersey Potato
Export Marketing Board.
4 Membership until 30th
September 2002
Until the 30th Day of
September 2002 the Board shall consist of –
(a) John
Le Maistre of Les Goues, Le Câtillon, Grouville;
Michael
Cotillard of Le Croisic, La Rue des Landes, St. John;
Michael
Labey of Val Poucin Farm, La Rue du Val Poucin, Grouville;
Glen
Hamel of Washington, La Grande Route de St. Clément, St. Clement;
Adrian De
Gruchy of Le Petit Côtil, La Rue de Maupertuis, St. Mary; and
Paul Le Bihan of Ty En Ar Park, La
Chasse Mallet, St. Martin;
(b) not
less than 3 and not more than 5 persons appointed by the Minister; and
(c) the
Chief Executive Officer of the Board for the time being.
5 Membership after 30th
September 2002
Subject to the provisions
as to the filling of casual vacancies, the Board shall consist, after 30th
September 2002 of –
(a) 6
members elected by the registered producers;
(b) not
less than 3 or more than 5 persons appointed by the Minister; and
(c) the
Chief Executive Officer of the Board for the time being.
6 Appointment of chairman
and officers
(1) The
Board shall elect from amongst its members a Chairman and Vice-Chairman, both
of whom shall (provided that they remain members of the Board) hold office in
the first instance until the 30th September 2002 and thereafter –
(a) in
the case of the Chairman until the third annual election of elected members of
the Board after his or her appointment; and
(b) in
the case of the Vice-Chairman until the second annual election of the elected
members of the Board after his or her appointment.
(2) The
Board shall employ a Chief Executive Officer.
(3) The
Board may appoint or employ a Secretary and such other officers, agents,
servants and liquidator as it thinks fit.
(4) The
Board shall have an office at which communications and notices will at all
times be received, and shall notify the Minister of the address of that office
and any change in that address.
(5) The
Board may –
(a) enter
into such agreements;
(b) acquire
such property; and
(c) do
such other things,
as may, in its opinion, be
necessary or desirable for the purposes of exercising any of its powers or
performing any of its duties under this Scheme, and may sell or otherwise
dispose of any property acquired by it which it does not need for such
purposes.
7 Members’
remuneration and expenses
The Board may pay to any
member of the Board any such travelling and out-of-pocket expenses as have, in
the opinion of the Board, been reasonably incurred by the member in connection
with the business of the Board, and shall also pay to the members of the Board
such remuneration (if any) as may be determined annually by the registered
producers in general meeting.
8 Election of members of the
Board
(1) An
election of members of the Board shall be held on such day as the Board may
determine in the last 14 days of September 2002, and of each subsequent year.
(2) 6
members shall be elected at the first such election and 2 members shall be
elected at each subsequent election.
(3) Subject
to the provisions of sub-paragraph (4) each member so elected shall hold
office until the end of the day on which the election of members is completed
in the third calendar year after that in which he or she was elected.
(4) Subject
to the provisions of paragraph 6(1) regarding the Chairman and Vice-Chairman,
of the 6 members of the Board who are elected in September 2002 –
(a) those
2 who received respectively the highest and second highest number of votes
shall retire on the day of the election in 2005;
(b) those
2 who received respectively the third and fourth highest number of votes shall
retire on the day of the election in 2004; and
(c) those
who received respectively the fifth and sixth highest number of votes shall
retire on the day of the election in 2003.
(5) If
numbers of votes are equal so that the retiring member cannot be determined in
accordance with sub-paragraph (4), lots shall be drawn to determine those
members who will retire.
9 Vacancies
An elected member of the Board
shall cease to hold office –
(a) if
the member delivers to the Board a written resignation of his or her office,
and the resignation is accepted by the Board or, if not so accepted, is not
withdrawn within 7 days;
(b) if,
under Part 4 of the Capacity and Self-Determination
(Jersey) Law 2016, a delegate is appointed in relation to the member;
(c) if
the member becomes bankrupt or enters into a composition or arrangement with his
or her creditors or appoints an attorney without whom he or she may not act in matters
movable or immovable;
(d) if
the Board by resolution declares that the member has been absent without
reasonable excuse from 4 consecutive meetings of the Board or from one half of
the meetings held in any period of 6 months; or
(e) if
the member is convicted of any offence under Article 23 of the Law.[2]
10 Death of a member
(1) Where
an elected member of the Board dies, or ceases to hold office under paragraph
9, a new member shall be elected in his or her place at the next annual
election of members.
(2) A
new member elected in accordance with sub-paragraph (1) shall hold office
until the time at which the first-mentioned member would regularly have
retired.
(3) Where
such a vacancy as is mentioned in sub-paragraph (1) occurs within 6 months
after the date of the last annual election, the Board may co-opt a registered
producer to fill that vacancy until the day of the next annual election.
11 Re-election
A retiring member of the Board
or a member who resigns his or her office shall be eligible for election or
re-election.
12 Quorum
(1) The
quorum of the Board shall be 6 of which at least one shall be an appointed
member.
(2) The
Board shall have power at all times to act notwithstanding any vacancy in its
number.
13 Executive Committee
(1) The
Board shall appoint from amongst its members an Executive Committee consisting
of 5 members, one of whom shall be the Chairman of the Board, one of whom shall
be the Vice-Chairman of the Board, one of whom shall be the Chief Executive
Officer of the Board and 2 of whom shall be persons appointed by the Minister.
(2) The
Board shall delegate to the Executive Committee all its functions under this
Scheme except its functions under paragraphs 6, 8, 9, 10, 12, 15, 23, 24, 25,
26, 29, 30, 31, 32, 33, 34, 35, 39, 40, 41, 42, 49, 52 and 56.
(3) The
quorum of the Executive Committee shall be 3, at least one of whom shall be an
elected Board member and another of whom shall be one of the persons appointed
by the Minister.
(4) The
Chairman of the Board or if he or she is not present the Vice Chairman of the Board
shall chair the meetings of the Executive Committee and shall have a casting
vote.
(5) The
Board may appoint from amongst its members alternate members of the Executive Committee.
(6) A
member of the Executive Committee may authorize any alternate member appointed
under sub-paragraph (5) to attend meetings of the Executive Committee in his
or her stead during his or her absence from Jersey or whenever he or she is
unable to act as a member of the Executive Committee.
(7) A
member of the Executive Committee may delegate to any alternate member
authorized by him or her under sub-paragraph (6) the exercise on his or
her behalf of any of his or her rights as a member of the Executive Committee.
(8) An
authorization under sub-paragraph (6), and a delegation under sub-paragraph (7)
shall be in writing and may be given or made in respect of a particular meeting
or in respect of all meetings until the authorization or delegation expires or
is revoked.
14 Stakeholder Committee
(1) The
Board shall appoint a committee to be known as the Stakeholder Committee for
the purpose of advising the Board on the exercise of its powers under this
Scheme.
(2) The
Stakeholder Committee shall be composed of persons with a commercial interest
in the export and marketing of potatoes.
(3) Members
of the Stakeholder Committee –
(a) shall
be appointed for a period of one year, and shall be eligible for
re-appointment; and
(b) may
resign their membership by giving one calendar month’s notice in writing
of their resignation to the Board.
(4) Members
of the Stakeholder Committee may be removed from office for good reason by the Board
who shall give the member one month’s notice in writing of their
intention to do so setting out in full in that notice their reasons for the
proposed removal.
(5) The
Stakeholder Committee shall consist of –
(a) 2
persons, who may be registered producers, appointed by the Board from among the
members of the Board; and
(b) such
other members as the Board shall appoint, who shall not be registered
producers.
(6) The
meetings of the Stakeholder Committee shall be chaired by a member appointed
under sub-paragraph (3)(a) who shall be designated as chairman of the
Stakeholder Committee by the Board.
(7) The
functions of the Stakeholder Committee shall be to make recommendations to the Board
concerning the Board’s business under this Scheme.
(8) The
Stakeholder Committee shall meet on at least 2 occasions in every calendar
year.
(9) The
Board shall take account of all advice received from the Stakeholder Committee,
but shall not be obliged to act in accordance with such advice.
15 Committees
(1) The
Board may appoint Committees from among its members and may delegate to a Committee
so appointed any of its powers except –
(a) a
power to impose penalties;
(b) a
power in connection with the borrowing of money; or
(c) the
power to authorize the application of the Common Seal of the Board.
(2) The
quorum of every Committee of the Board (except the Executive Committee) shall
be such number as the Board may fix for that Committee.
(3) Every
Committee of the Board shall report its proceedings to the Board and shall
comply with the directions of the Board.
(4) The
membership of Committees of the Board shall not subsist beyond the next
election of elected members of the Board.
16 Meetings
The Secretary or, where
none has been appointed, the Chief Executive Officer shall, on the request of
the Chairman or on the written request of any 3 members, convene a meeting of
the Board.
17 Voting
Questions arising at a
meeting of the Board or of a Committee of the Board shall be decided by a
majority of the votes of the members present and, if at any such meeting the
votes are equally divided on any question, the Chairman of the meeting shall
for the purpose of deciding that question, have a second or casting vote,
except in meetings of the Executive Committee where the second or casting vote
shall be cast by the Chairman of the Board.
18 Defective appointments
All acts done at a
meeting of the Board or of any Committee of the Board shall, notwithstanding
that it is afterwards discovered that there was some defect in the appointment
election or qualification of a person purporting to be a member of the Board or
of the Committee, or that a member of the Board had voted upon any question
upon which the member was not entitled to vote, be as valid as if that defect
had not existed or such member had been entitled to vote.
19 Minutes
(1) Minutes
shall be kept of the proceedings of the Board and of every Committee of the Board.
(2) Any
minutes kept under sub-paragraph (1) shall, if signed by a person
purporting to have acted as Chairman of the meeting to which the minutes
relate, or of a meeting at which they were read, be evidence of the proceedings
at the meeting to which they relate.
(3) The
meeting to which any minutes kept under sub-paragraph (1) relate shall be
presumed, until the contrary is proved, to have been regularly convened and
constituted.
20 The seal
(1) The
Common Seal of the Board shall not be applied to any document except by the
authority of the Board.
(2) The
application of the Common Seal shall be attested by 2 members of the Board, at
least one of whom shall be either the Chairman of the Board, or the
Vice-Chairman, or the Chief Executive Officer.
21 Delegation of contractual authority
Any contract or
instrument which, if entered into or executed by a person not being a body
corporate, would not be required to be under seal, may be entered into or
executed on behalf of the Board by any person authorized by the Board in that
behalf, either generally or specially.
22 Members’ interests
(1) No
contract to which the Board is a party shall be avoided by reason only that a
member of the Board is also a party thereto or is interested therein.
(2) A
member of the Board who is a party to or interested in a contract to which the Board
is a party shall not, by reason only that he or she is a member of the Board,
be liable to account to the Board for any profit realised by him or her by
reason of the contract.
(3) A
member of the Board shall forthwith, on becoming aware of the contract or of
negotiations leading to the contract, disclose to the Board any interest which he
or she has or acquires in any contract to which the Board is, or may become, a
party.
(4) If
such an interest as is referred to in sub-paragraph (3), in the opinion of
the other members of the Board, in any way conflicts with his or her duty as a
member of the Board he or she shall not vote upon any question relating to the
contract and, if he or she does vote, his or her vote shall not be counted.
(5) A
member of the Board shall not be precluded from voting on a question relating
to the general policy of the Board with respect to any matter by reason only
that the determination of that question will or may affect a contract which has
been, or may thereafter be, entered into by him or her with the Board.
PART 3
FINANCIAL PROVISIONS
23 Establishment of the fund
(1) There
shall be established a fund (in this Scheme referred to as the “fund”)
which shall be administered and controlled by the Board.
(2) All
moneys received by the Board shall be paid into the fund, and any moneys
required by the Board for the operation of this Scheme shall be paid out of the
fund.
(3) Any
moneys for the time being standing to the credit of the fund may be left on
current or deposit account in any bank or invested in any securities which the Board
may think fit.
24 Contributions to the fund
(1) The
Board may by resolution require every registered producer to contribute to the
fund each year a sum which shall be calculated, as the Board may from time to
time elect, either –
(a) by
reference to the weight in tonnes of the potatoes sold by him or her for export
during the previous calendar year; or
(b) by
reference to the area in vergées dedicated by him or her to the
production of potatoes as declared in the preceding calendar year to the Minister.
(2) A
resolution under sub-paragraph (1) shall state the amount or scale of
amounts in pounds and or pence to be paid per tonne so exported or per
vergée so dedicated.
(3) Every
sum calculated in accordance with sub-paragraph (2) shall be recoverable
by the Board as a civil debt.
(4) In
the case of a newly registered producer’s first year of potato production
his or her contribution shall be calculated by reference to the area in
vergées to be dedicated by him or her to the production of potatoes.
25 Power to borrow
The Board may by
resolution, for the purpose of exercising any of its functions under this
Scheme, borrow money in such manner, on such terms, and on such security, as
may be arranged by it.
26 Accounts and audit
(1) The
Board shall –
(a) keep
proper accounts and proper records in relation to the accounts; and
(b) shall
annually make out a balance sheet and either a profit and loss account, or if
the Board does not trade for profit, an income and expenditure account.
(2) The
accounts of the Board shall, subject to paragraph 27, be audited by a member,
or firm of accountants containing a member, of the Jersey Society of Chartered
and Certified Accountants appointed by the registered producers in general
meeting.
(3) The
Board, as soon as may be after the auditor has reported thereon, and in any
case within 3 months from the close of the period covered by the profit and
loss account or income and expenditure account, shall send to the Minister and
to every registered producer –
(a) a
copy of the account and balance sheet;
(b) a
copy of the report of the auditor;
(c) a
copy of a report by the Board as to the working in the period covered by the
profit and loss or income and expenditure account; and
(d) a
statement as to the manner in which any moneys of the Board have been invested.
(4) The
Board shall, on the demand of any person and on payment by him or her of such
fee, not exceeding £1, as may be fixed by the Board, provide him or her
with a copy of any one of its balance sheets.
27 Appointment of auditors
A person or firm other
than a retiring auditor or auditors shall not be capable of being appointed
auditor or auditors by the registered producers in general meeting unless
notice of intention to nominate that person or firm to the office has been
given by a registered producer to the Secretary of the Board at least 14 days
before the meeting.
PART 4
PRINCIPAL POWERS OF THE BOARD
28 Commencement of Part 4
The provisions of this Part
and of paragraph 24, shall come into force at the expiration of the suspensory
period.
29 Exemptions
There shall be exempt
from the operation of this Part –
(a) sales
of potatoes within Jersey to wholesale or retail purchasers where such potatoes
are to be consumed within Jersey;
(b) gifts
of potatoes of up to 100kg per month to an individual or of any amount to a
charitable organisation or cause recognized as such by the Board;
(c) sales
of potatoes outside Jersey by producers in occupation of land of which less
than 10 perches (V0:10:0) has been used for the cultivation of potatoes in any
season; and
(d) such
sales or other transactions involving potatoes or registered producers as the Board
may determine from time to time by prescriptive resolution.
30 Prohibition of exports by unregistered
person
Subject to the provisions
of the Law with regard to existing contracts, a producer who is not a
registered producer shall not export or make any arrangements intended or
liable to lead directly or indirectly to the export of any potatoes outside Jersey.
31 General power to regulate production
and marketing
(1) A
registered producer who enters into a marketing agreement under sub-paragraph (3)
may export potatoes.
(2) A
marketing organisation which enters into a management agreement under sub-paragraph (8)
may receive potatoes for handling export and marketing, and act as an agent of
a registered producer in the marketing of potatoes.
(3) The
Board may enter into a marketing agreement with any registered producer.
(4) An
agreement under sub-paragraph (3) shall –
(a) include,
but not be restricted to, the matters listed in Schedule 1; and
(b) shall
subject to sub-paragraph (6), expire on the 30 September next following
the date of the Agreement.
(5) Where
the Board and the registered producer are unable to agree the terms of the
renewal of a marketing agreement prior to the date for its expiry under sub-paragraph (4)(b),
the issue shall immediately be referred to arbitration under the terms of Part 7
unless the registered producer has informed the Board prior to that date that he
or she does not wish to renew the marketing agreement.
(6) Where
the terms of renewal of a marketing agreement have been referred to arbitration
under sub-paragraph (5), the marketing agreement shall continue in full
force and effect until the parties are informed in writing of the result of the
arbitration.
(7) A
registered producer who is not a party to a current marketing agreement may
neither export potatoes nor offer potatoes for export.
(8) The
Board may determine the maximum number of marketing organisations with which it
is prepared to enter into a management agreement, but subject thereto, may
enter into a management agreement with any marketing organisation.
(9) An
agreement under sub-paragraph (8) shall –
(a) include,
but not be restricted to, the matters listed in Schedule 2; and
(b) shall
subject to sub-paragraph (11), expire on the 30 September next following
the date of the Agreement.
(10) Where
the Board and the marketing organisation are unable to agree the terms of the
renewal of a management agreement prior to the date for its expiry under sub-paragraph (9)(b),
the issue shall immediately be referred to arbitration under the terms of Part 7
unless the marketing organisation has informed the Board prior to that date
that it does not wish to renew the management agreement.
(11) Where
the terms of renewal of a management agreement have been referred to
arbitration under sub-paragraph (10), the management agreement shall
continue in full force and effect until the parties are informed in writing of
the result of the arbitration.
(12) A
marketing organisation who is not a party to a current management agreement may
not receive potatoes for handling, export or marketing, or act as an agent of a
registered producer in the marketing of potatoes.
32 Penalties
If a registered producer
sells any potatoes in breach of the terms of a marketing agreement entered into
by him or her with the Board, the Board shall, subject to the provisions of paragraph
39, by resolution impose upon, and recover from him or her, such monetary
penalty as the Board thinks reasonable.
33 Miscellaneous powers
(1) The
Board may –
(a) buy
potatoes;
(b) produce
or cause to be produced from potatoes any products or by-products;
(c) sell,
grade, pack, store, adapt for sale, insure, promote, advertise and transport
potatoes or any products or by-products thereof;
(d) acquire
and sell or let for hire anything required and to be utilised wholly or mainly,
for the production, grading, packing, storing, adapting for sale, promotion,
advertisement, transport or sale of potatoes or any products or by-products thereof;
(e) co-operate
with any other person in doing any of the things which the Board is empowered
to do by virtue of the foregoing provisions of this sub-paragraph;
(f) encourage,
promote or conduct schemes of co-operation, research or education in connection
with the production and marketing of potatoes and any products or by-products thereof;
(g) lend
to any registered producer, upon such security and terms as the Board may
determine, a portion of the amount which the Board estimates that such
registered producer will receive from the sale of potatoes produced, or in the
course of production by him or her; and
(h) require
each individual registered producer to supply to the Board such statistical
information as the Board may by prescriptive resolution from time to time
require.
(2) The
Board shall consult the Stakeholder Committee before exercising its powers
under sub-paragraph (1)(a), (b) or (e) unless the need to exercise those
powers arises from –
(a) a
registered producer ceasing business;
(b) a
marketing organisation ceasing business;
(c) the
emergence of a new marketing opportunity in connection with the export of
potatoes;
(d) the
cessation of contractual arrangements between a registered producer and a
marketing organisation; or
(e) a
surplus of potatoes in excess of the requirements of the marketing
organisations.
(3) Where
the Board exercises any of the powers conferred upon it by sub-paragraph (1)(c),
the Board may authorize any persons to exercise any of those powers on its
behalf subject to such conditions as it may impose.
34 Distribution of Board’s profits
(1) Subject
to the approval of a general meeting of registered producers, the Board shall
from time to time determine the proportion of profits (if any) made by the Board
that shall be retained in the fund and the proportion that shall be distributed
to the registered producers.
(2) Whenever
the Board shall determine that profits shall be distributed to the registered
producers such distribution shall be made according to the respective
quantities of potatoes sold by individual registered producers subject to adjustment
according to any differing scales or rates of payment as may apply to differing
grades or quality of potato during the period in which the profit was made.
35 Contributions in the event of Board’s
losses
When any trading loss is
made by the Board, the Board may from time to time determine by prescriptive
resolution that the amount of money so lost shall be contributed to the Board
by the registered producers in proportion to the respective quantities of
potatoes sold by individual registered producers subject to adjustment
according to any differing scales or rates of payment as may apply to differing
grades or quality of potato during the period in which the loss was made and
the amount to be so contributed by any registered producer shall be recoverable
by the Board as a civil debt.
36 Surplus funds
The Board may set aside
reserves and may utilise such reserves in the operation in such manner as the Board
may think fit; but subject thereto any moneys standing to the credit of the
fund which, in the opinion of the Board, are not distributable under the
provisions of paragraph 34 after meeting the Board’s administrative and
other expenses and losses (if any) shall be distributed in such manner as may
be determined by a resolution passed at a general meeting of registered
producers.
37 Information and inspection
The Board may, whenever
it considers it necessary for the operation so to do, serve on any registered
producer a demand in writing requiring him or her to furnish to the Board such
estimates, returns and other information relating to potatoes as may be
specified in the demand and if, without reasonable excuse, he or she fails to
comply with the demand, or if he or she knowingly makes a false statement in
reply thereto, the Board, subject to the provisions of paragraph 39, shall by
resolution impose upon the registered producer, and recover from him or her,
such monetary penalty as the Board thinks reasonable.
38 Powers of entry
Any person authorized in
writing by the Board may, for the purpose of securing compliance with this
Scheme, enter and inspect, at any reasonable time and on production of his or
her authority, any part of the land or premises occupied by a registered
producer (being a producer specified in the authority) which the person so
authorized has reason to believe is used for producing or otherwise dealing
with any potatoes; and the registered producers shall afford reasonable
facilities for such entry and inspection and for sampling. If any registered
producer wilfully obstructs any person authorized under this paragraph in the
carrying out of his or her duties, the Board shall, subject to the provisions
of paragraph 39, by resolution impose upon, and recover from that registered
producer such monetary penalty as the Board thinks reasonable.
39 Provisions as to penalties
(1) The
provisions contained in sub-paragraphs (2) to (9) shall have effect with
respect to the imposition of penalties by the Board on registered producers
under the foregoing provisions of this Part and with respect to the recovery of
such penalties.
(2) No
penalty shall be imposed in respect of any act or omission which constitutes an
offence under any enactment other than the Law nor until the registered
producer has had a reasonable opportunity of being heard by the Board, in person
or by counsel or solicitor or by any other person authorized by him or her.
(3) No
penalty shall exceed £300 for each contravention or, in the case of a
continuing contravention, £300 together with a further £125 for
each day on which the contravention is continued.
(4) Notice
of the time and place of any hearing under sub-paragraph (2) and a written
statement of the allegation against the registered producer in question shall
be served personally or by registered post on the producer at least 14 days
before the hearing.
(5) No
penalty shall be imposed for any contravention which occurred more than one
year before the serving of the written statement of the allegation.
(6) Where
a written statement of an allegation against a registered producer has been
sent to or served on him or her under sub-paragraph (4) and the allegation
is withdrawn or is not substantiated, the Board shall have power to make to the
registered producer, in respect of his or her costs in connection with the
allegation, such payment as may be determined by the Board.
(7) Every
penalty so imposed shall, subject to sub-paragraphs (8) and (9), be
recoverable by the Board as a civil debt.
(8) Immediately
on the passing of any resolution by the Board imposing a penalty, notice of the
resolution shall be sent to the registered producer in question and he or she
may, within one month from the day on which the notice was so sent to him or
her, in writing require the Board to refer the matter to the Inferior Number of
the Royal Court, and in such a case the Board shall so refer the matter.
(9) In
a case where a matter is referred in accordance with sub-paragraph (8), no
proceedings shall be taken by the Board otherwise than for the purposes of the
reference or of enforcing the award of the Court.
PART 5
GENERAL MEETINGS OF
REGISTERED PRODUCERS
40 Convening meetings
(1) The
Board may convene general meetings of registered producers at such places and
times as it may determine.
(2) The
Board shall convene a general meeting of registered producers to be held within
15 days of delivery to the office of the Board of a requisition, signed by not
less than 25 registered producers, stating clearly the purpose for which the
meeting is to be convened.
41 Chairman of registered
producers’ meetings
(1) The
Chairman of every meeting of registered producers shall be appointed by the Board.
(2) If
the person appointed by the Board to be Chairman is not present within 15
minutes after the time appointed for the holding of the meeting, the members of
the Board present shall choose a Chairman.
42 Notice of registered producers’
meetings
(1) At
least 10 days before the day fixed for the holding of a meeting of registered
producers, the Board shall send to every registered producer who is entitled to
vote at the meeting a written notice stating –
(a) the
time and place appointed for the holding of the meeting;
(b) the
business to be transacted; and
(c) in
the case of a general meeting at which an election is to take place, that
nominations of candidates must be received at the office of the Board 6 clear
days before the date of the meeting.
(2) A
list of names and addresses of candidates duly nominated shall be published
before the date of the meeting in the Jersey Gazette, and shall also be posted
in a conspicuous position inside the office of the Board throughout the 3 days
immediately preceding the date of the meeting.
43 Nominations
All nominations shall be
made in such form as the Board may accept or determine.
44 Notice
At a meeting of the
registered producers no business shall be transacted other than the business of
which notice has been given by the Board in accordance with paragraph 42.
45 Proxies
(1) The
producers entitled to vote at a meeting of registered producers may vote either
personally or by proxy.
(2) An
instrument appointing a proxy shall be in writing in such form as the Board may
require.
(3) An
instrument appointing a proxy shall be deposited at the office of the Board not
later than the end of the third day before the date of the meeting, failing
which the instrument shall be invalid.
(4) A
proxy need not be a registered producer.
(5) No
person may act as a proxy for more than one registered producer.
46 Voting
(1) Every
question put before a general meeting of registered producers shall be decided
on a show of hands unless, either before or immediately after the show of
hands, a ballot is demanded by the Chairman or by or on behalf of not less than
10 registered producers, in which case a ballot shall be taken forthwith.
(2) On
the taking of a ballot, the number of votes to which a registered producer is
entitled (referred to in this paragraph as the “standard number”)
shall be based upon the area in vergées dedicated to the production of
potatoes in the preceding calendar year as declared by the producer in his or
her return to the Minister, as follows –
(a) for
the first 100 vergées declared – 1 vote per 25 vergées or part
thereof;
(b) for
every 50 vergées declared thereafter – 1 vote per 50 vergées
or part thereof.
(3) In
the case of a ballot taken for the election of members of the Board, each
registered producer shall have the standard number of votes multiplied by the
number of persons to be elected, but he or she shall not give more than the
standard number of votes in favour of any one candidate.
47 Nominees
A registered producer
that is a body corporate may exercise any of its rights at a meeting of
registered producers by a nominee of whose authority the Board has been
previously notified, and registered producers who are in partnership may
exercise any of their rights at such meeting by any one of the partners.
48 Declaration of vote and casting vote
At any meeting of
registered producers, the declaration of the Chairman as to the result of any
vote or show of hands shall be final; and in the event of an equality of votes
the Chairman shall, in addition to the Chairman’s other vote or votes, if
any, have a casting vote.
PART 6
AMENDMENT AND REVOCATION OF
SCHEME AND WINDING-UP OF THE BOARD
49 Notice of amendments or substitutional
schemes
Before submitting a
substitutional scheme or an amendment to the Minister, the Board shall publish
the proposed scheme or amendment by serving notice thereof on every registered
producer.
50 Polls
(1) Subject
to sub-paragraph (2), a poll may be demanded in writing by not less than 2/3
of the registered producers who together grew not less than 2/3 of the area of
potatoes grown in Jersey by all registered producers during the preceding
calendar year –
(a) on
the question whether or not a substitutional scheme or an amendment shall be
submitted to the Minister, within one month from the publication thereof; and
(b) on
the question whether or not this Scheme shall be revoked, at any time.
(2) The
Minister may refuse to take a poll on the question of whether or not this
Scheme shall be revoked within 2 years of the declaration of the result of a
previous poll on that question.
51 Winding-up
(1) For
so long as the Board shall remain legally entitled to do so, the Board shall
conduct its own winding-up, but no winding-up shall be commenced by the Board
except following a resolution to that effect passed by the registered producers
in general meeting.
(2) Where,
at a winding-up of the Board, the assets of the Board are more than sufficient
to discharge its debts and liabilities, the surplus shall be distributed in
such manner as the registered producers in general meeting shall determine.
(3) Where,
at a winding-up of the Board, the assets of the Board are not sufficient to
discharge the debts and liabilities of the Board, including the costs of the
winding-up –
(a) if
the Scheme has been revoked before the commencement of the winding-up, every person
who was a registered producer during the year immediately preceding the
revocation of the Scheme shall be liable to contribute to the deficit an amount
proportionate to the area of potatoes produced by him or her during that year;
and
(b) where
the Scheme has not been so revoked, every person who was a registered producer
during the year immediately preceding the commencement of the winding-up shall
be liable to contribute to the deficit an amount proportionate to the area of
potatoes produced by him or her during that year,
and in either case a
registered producer’s liability shall not in any case exceed the rate of £3
per vergée.
(4) Every
contribution payable under sub-paragraph (3) shall be recoverable by the Board
or the Liquidator as a civil debt.
PART 7
MISCELLANEOUS
52 Arbitration
(1) Subject
to sub-paragraph (3) a producer of potatoes whether registered or not, or
a marketing organisation who is aggrieved by an act or omission of the Board
may refer the matter to the arbitration of an Arbitration Board consisting of
not more than 3 persons to be agreed upon between the parties, or, in default
of agreement, to be nominated by the Minister on the application of either
party, and the Arbitration Board may make such order in the matter as it thinks
reasonable and such order shall be binding on the parties.
(2) At
a hearing by an Arbitration Board a party to the arbitration shall be entitled
to appear and be heard in person or by counsel or solicitor or by any other person
authorized by the party.
(3) A
matter shall not be referred to arbitration under sub-paragraph (1) more
than 28 days after the aggrieved party shall have served written notice of the
party’s grievance on the Board.
53 Compensation and costs
(1) A
person who is entitled to refer a matter to arbitration who establishes by
arbitration in accordance with paragraph 52, or by a judgment of the Court that
the Board has in any respect given an undue preference to any other registered
producer, marketing organisation or person shall be entitled to receive from
the Board such sums by way of compensation as may be necessary to make good any
loss or damage suffered by him or her by reason of the undue preference.
(2) A
person who attempts and fails to satisfy the Board, or attempts and fails to
establish by arbitration in accordance with paragraph 52, that the Board has in
any respect given undue preference to any other registered producer may be
required by the Board to make payment to it of such costs and disbursements as
the Board may reasonably have incurred as a result of the investigation or
arbitration undertaken.
(3) Every
payment payable under sub-paragraph (2) shall be recoverable by the Board
or the Liquidator as a civil debt.
(4) A
registered producer who satisfies the Board without reference to arbitration
that the Board has in any respect given an undue preference to any other
registered producers shall be entitled to receive from the Board such sums by
way of compensation as may be necessary to make good any loss or damage
suffered by him or her by reason of the undue preference.
54 Death of a registered producer
Where, by reason of a
registered producer dying, or becoming subject to some legal disability, or
entering into a composition or scheme or arrangement with his or her creditors,
any property in, or control of, potatoes is transferred from the registered
producer to a personal representative, trustee, delegate, special and general
attorney or other person, such person shall, for all the purposes, be deemed to
be a producer.[3]
55 Service of notices
Any requirement that a
document shall be sent to or served on a person by the Board shall be deemed to
have been complied with if, within the period (if any) limited for the sending
or service of the document, the document is despatched to him or her by post,
properly addressed and with the postage prepaid.
56 Deregistration
(1) The
Minister shall have power to remove from the register of producers the name of
any producer who has been found, on 2 or more occasions, to have contravened
the provisions of this Scheme.
(2) The
Board shall inform the Minister of any such finding.
(3) The
Board shall inform the Minister whenever a registered producer ceases to be a
producer and on being so informed the Minister shall remove the name of that
producer from the register.
(4) A
producer whose name has been removed from the register in pursuance of sub-paragraph (1)
may, after the expiration of 12 months from the date of such removal, apply to
the Minister for registration and the Minister shall have power, after taking
into consideration all the circumstances, to register that producer.
57 Prescriptive resolutions
(1) Where
any provision requires that a resolution of the Board shall be a prescriptive
resolution, that resolution shall be recorded by the Board in a separate record
of prescriptive resolutions.
(2) Such
record shall be open for inspection at the office of the Board at any time that
the office is open and any person shall be entitled to be supplied with a copy
of an entry in the record on payment of a fee not exceeding 50p in respect of
each prescriptive resolution copied, or to take extracts from the record for his
or her own use free of charge.
(3) The
Board shall send to each registered producer a copy of every prescriptive
resolution as soon as practicable after it is made.
(4) The
Board shall send to every registered producer once in every year a list of the
prescriptive resolutions then in force, stating in respect of each resolution –
(a) the
date on which it was made;
(b) the
subject matter to which it relates; and
(c) if
any copy of it has been sent in the manner provided in sub-paragraph (5),
the date or other identifying mark appearing on the journal which contains such
copy.
(5) A
copy resolution required to be sent under sub-paragraph (3) or a list of
resolutions required to be sent under sub-paragraph (4) may be sent to a
registered producer by sending to him or her, free of charge, any journal
published by the Board containing such copy or such list.
Schedule 1 to Jersey
Potato Export Marketing Scheme 2001
Paragraph 31(4)
MINIMUM
TERMS OF MARKETING AGREEMENTS
The terms of the
marketing agreement between a registered producer and the Board shall include,
but not be limited to:
1. The
limits to the area of land which the registered producers may use for the
cultivation of potatoes for export.
2. The
identity of the persons authorized by the Board to whom the registered producer
may sell, transfer (whether for value or not), deliver or supply, potatoes
grown by the registered producer.
3. The
quality standards to be attained.
4. The
husbandry standards to be attained.
5. The
circumstances in which the marketing agreement may be varied, revoked or
terminated by either party.
6. The
procedure to be adopted by the party seeking variation.
7. The
identification of any agreement which may prevail over the marketing agreement.
Schedule 2 to Jersey
Potato Export Marketing Scheme 2001
Paragraph 31(9)
MINIMUM
TERMS OF MANAGEMENT AGREEMENTS
The terms of the
management agreement between a marketing organisation and the Board shall
include but not be limited to:
1. The
identity of the registered producers authorized by the Board from whom the
marketing organisation may buy or receive potatoes for handling export and
marketing or for whom it may act as an agent in the marketing of potatoes.
2. The
quality standards to be attained.
3. The
procedures for the export or other handling of potatoes that are surplus to
actual or estimated market requirements.
4. The
basis, supported by verifiable information, upon which the marketing
organisation will charge for the services provided by it.
5. Details
of any factors that may lead the marketing organisation to deal with third party
providers of goods and services to it in pursuance of duties under the
management agreement on any basis other than arm’s length market
transactions.
6. The
basis, supported by verifiable information, upon which the marketing
organisation will charge purchasers of the potatoes exported by it.
7. The
basis, supported by verifiable information, upon which the marketing
organisation will receive and transmit to the registered producers payment made
to it by the purchasers of the potatoes exported by it.
8. Details
of any performance related bonus or penalty scheme to operate in relation to
the marketing organisation.
9. Details
of any advertising marketing or promotional duties to be carried out or
expenses incurred by the Board or the marketing organisation.
10. The
circumstances in which a management agreement may be varied, revoked or
terminated by either party.
11. The
procedure to be adopted by the party seeking variation.
12. The
identification of any agreement which may prevail over the Management
Agreement.