S.I. No. 400/1977 - The Pigs and Bacon Acts, 1935 To 1961 (Pigs and Bacon Commission) Bacon Pig Production Levy (No. 1) Order, 1977.


S.I. No. 400 of 1977.

THE PIGS AND BACON ACTS, 1935 TO 1961 (PIGS AND BACON COMMISSION) BACON PIG PRODUCTION LEVY (No. 1) ORDER, 1977.

WHEREAS subsection (1) of Section 34 of the Pigs and Bacon (Amendment) Act, 1939 (No. 35 of 1939) provides that every person who holds or has held a licence shall, for every levy period during which or any part of which he holds or has held a licence, pay to the Commission in respect of such licence a levy calculated at the rate, which is the appropriate rate in respect of such levy period, for every car case used for the production of bacon during such half year at the premises to which such licence relates.

AND WHEREAS subsection (3) of the said Section provides that the following provisions shall apply and have effect in relation to the rate of the levy under this Section, that is to say:

( a ) the Commission shall not later than the expiration of the levy period commencing on the transfer date and may thereafter whenever and so often as they think fit make an Order fixing the rate of such levy;

( b ) the first Order under this subsection shall be deemed to have come into force on the transfer date and every subsequent Order under this subsection shall come into force on the first day of the levy period commencing next after the making of such Order;

( c ) every Order made under this subsection shall remain in force until a subsequent Order under this subsection is made and comes into force;

( d ) reference in subsection (1) of this Section to the appropriate rate of levy in respect of a particular levy period shall be construed as reference to the rate of levy fixed by an Order in this subsection which was in force during such levy period:

AND WHEREAS subsection (4) of the said Section 34 provides that for the purpose of that Section each of the following periods shall be a levy period, that is to say:

( a ) the period commencing on the transfer date and ending on the 31st day of March, 1940;

( b ) any period of three months commencing after the transfer date, on the 1st day of April, 1st day of July, 1st day of October, or 1st day of January:

AND WHEREAS Section 3 of the Pigs and Bacon Act, 1940 (No. 24 of 1940) provides that subsection (1) of Section 34 of the Act of 1939 shall have effect as if there were substituted for the words " half year " the words " levy period " and further provides that the said Section 3 shall be deemed to have come into operation on and shall have effect as on and from the 1st day of January, 1940.

AND WHEREAS Section 21 of the Pigs and Bacon (Amendment) Act, 1961 (No. 14 of 1961) provides that an Order under this Section 34 of the Pigs and Bacon (Amendment) Act, 1939 (No. 35 of 1939) shall not be made by the Commission without the consent of the Minister.

AND WHEREAS the Commission considers it desirable to make an Order fixing the rate of levy which Order shall come into force on the first day of the levy period commencing next after the making of this Order.

NOW THEREFORE the Pigs and Bacon Commission with the consent of the Minister for Agriculture hereby orders as follows:

(1) This Order may be cited as the Pigs and Bacon Acts, 1935 to 1961 (Pigs and Bacon Commission) Bacon Pig Production Levy (No. 1) Order, 1977.

(2) Unless a contrary intention appears every word and every expression used in this Order shall have the same meaning as it has in the Pigs and Bacon Acts, 1939 to 1961.

(3) The rate hereinafter specified shall be the appropriate rate for the purpose of Section 34 of the Act of 1939, while this Order continues in force.

(4) The rate of levy for the purposes of this Order is hereby fixed at £1.30 (one pound thirty pence) for every carcase used for the production of bacon.

(5) This Order shall come into force on the 1st day of January, 1978.

GIVEN under the Seal of the Pigs and Bacon Commission

this 21st day of December,1977.

The Seal of the Commission was affixed in the presence

of:

P. A. O'NEILL,

Chairman.

The Minister for Agriculture consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Agriculture

this 30th day of December, 1977.

THOMAS McCARTNEY,

A person authorised by the Minister for Agriculture to authenticate the Official Seal of the Minister.

EXPLANATORY NOTE.

This Order fixes the rate of levy to be paid by each Licensed Curer in respect of carcases converted to bacon at £1.30 (one pound thirty pence) as from 1st of January, 1978.