Pigs and Bacon (Amendment) Act, 1961

Exportation of bacon by the Commission.

23.—(1) The Commission may export bacon of such grades as may be specified by the Minister with the consent of the Minister for Finance from time to time in the form of Wiltshire sides or major cuts thereof which include the back.

(2) The Commission may from time to time require the holders of licences to sell to the Commission bacon of such grade or grades (being a grade or grades specified under subsection (1) of this section), in such condition and in such quantity as it may specify in the requirement in the form of Wiltshire sides or major cuts thereof which include the back and either, as the Commission may specify—

(i) to deliver the bacon to the Commission for exportation by the Commission, or

(ii) to export the bacon on behalf of the Commission to such country or countries or to such person or persons or place or places in such country or countries and in accordance with such conditions, if any, as the Commission may specify.

(3) The Commission shall pay to the holders of licences for any form of bacon sold to the Commission under this section the price which is appropriate having regard to the prices standing fixed for the time being under subsection (4) of this section for that form of bacon.

(4) (a) The Minister shall, after consultation with the Commission, fix from time to time in such manner and by reference to such matters as he thinks fit prices (in terms of a rate per hundredweight) for each form of bacon sold to the Commission under this section which is of a grade specified under subsection (1) of this section and is in the condition specified by the Minister.

(b) The Commission shall be notified in writing as soon as may be of any price fixed under paragraph (a) of this subsection and of the grades specified under subsection (1) of this section.

(5) Holders of licences shall comply with any requirement of the Commission under this section and where, in respect of any bacon, the holder of a licence fails to comply with a requirement of the Commission under this section he shall be guilty of an offence and shall be liable on summary conviction thereof to a fine calculated at the rate of five pounds for every hundredweight of bacon in respect of which the holder has failed to comply with the requirement.

(6) Where, in the opinion of the Commission, bacon delivered to or exported on behalf of the Commission by the holder of a licencein pursuance of a requirement under this section is not of the grade or in the condition specified by the Commission in the requirement, the Commission may either—

(a) (i) return the bacon to the holder of the licence, and require the holder of the licence to deliver to or export on behalf of the Commission the same quantity of bacon of the grade and in the condition specified by the Commission in the original requirement, and

(ii) deduct from the price payable for the bacon or for any other bacon delivered to or exported on behalf of the Commission by the holder of the licence any loss or expense incurred by the Commission in relation to the bacon returned to the holder of the licence, or

(b) deduct from the price payable for the bacon under this section to the holder of the licence or for any other bacon delivered to or exported on behalf of the Commission by the holder of the licence such amount as it considers reasonable having regard to the grade and condition of the bacon.

(7) (a) The Commission shall not require a holder of a licence to sell to it during any external-sale period (within the meaning of Part III of the Act of 1937) a quantity of bacon in excess of the quantity specified in the external-sales sub-quota certificate (within the meaning of the said Part III) for the premises to which the licence relates.

(b) If during any external-sale period (within the meaning of the said Part III) a quantity of bacon which is in the form of Wiltshire sides or major cuts thereof which include the back and is of a grade or grades and in the condition specified in any requirement of the Commission made during that period is offered for sale to the Commission by the holder of a licence, the Commission shall purchase at the price which is appropriate having regard to the prices standing fixed for the time being under subsection (4) of this section for those forms of bacon—

(i) in case the quantity would, if increased by the quantity (if any) of bacon already purchased by the Commission from the holder during that period, be equal to or less than the quantity specified in the external-sales sub-quota certificate (within the meaning of the said Part III) in respect of that period for the premises to which the licence relates, the whole of the bacon, and

(ii) in any other case, such quantity (if any) of the bacon as it thinks proper, having regard to the quantities (if any) of bacon exported by the holder aforesaid on or after the 1st day of January, 1960, and before the commencement of this Act, provided that the quantity purchased shall not be less than the quantity (if any) which if increased by the quantity (if any) of bacon already purchased by the Commission from the holder during the external-sale period aforesaid would be equal to the quantity specified in the said external-sales sub-quota certificate.

(8) Bacon delivered to, or exported on behalf of, the Commission at any time under this section by the holder of a licence shall be deemed, for the purposes of section 33 (inserted by the Act of 1956) of the Act of 1937, to have been exported at that time from the premises to which the licence relates and to comply with the provisions of any external-sales order under section 30 (inserted by the Act of 1956) of the Act of 1937, in relation to the bacon in force at that time.

(9) Moneys due by the Commission for bacon sold to it under this section shall be paid out of, and moneys received by the Commission in respect of bacon exported under this section, shall be paid into, the Bacon (Price Stabilisation) Fund.

(10) Holders of licences shall be informed by notices in writing of requirements made by the Commission and service of the notices shall be effected in accordance with the provisions of section 3 of the Principal Act.

(11) In this section “holder of a licence” means a person who is the holder of a curing licence or a curing and slaughtering licence under Part II of the Principal Act.