Agricultural Produce (Cereals) Act, 1935

Purchase of home-grown wheat by holders of milling licences.

10.—(1) The Minister may by order made before the commencement of any cereal year make an order (in this section referred to as a purchase percentage order) requiring that of the home-grown wheat quotas, for all mills which are licensed mills at the commencement of such cereal year, for such cereal year a percentage (in this section referred to as the purchase percentage) fixed by such order shall be purchased and taken into store in such cereal year by holders of milling licences before the end of each month, specified in such order, in such cereal year, and such percentage may, in respect of any one month in such cereal year, be fixed at one hundred per cent.

(2) Where a purchase percentage order has been made in relation to any cereal year, the Minister may, whenever and so often as he thinks fit, by order (in this section referred to as an amending order) amend such purchase percentage order, in respect of any month or months in such cereal year commencing after the date of such order by increasing or reducing the purchase percentage for such month or months or, in respect of any month in such cereal year current at the date of such order, by reducing the purchase percentage for such month, and references in this section to a purchase percentage order shall be construed, in the case of a purchase percentage order amended by an amending order, as references to such purchase percentage order as so amended.

(3) Where—

(a) a purchase percentage order fixing a purchase percentage in respect of any month in a cereal year is in force; and

(b) any person, being the holder of a milling licence in respect of a mill at the commencement of such year, fails or neglects to purchase and take into his stores in such cereal year before the end of such month a percentage of the home-grown wheat quota for such mill in respect of such year at least equal to the purchase percentage for such month, such person shall at the expiration of such month pay to the Minister a sum calculated at the rate of twenty shillings for every barrel of wheat by which the amount of home-grown wheat purchased and taken by him into his stores before the end of such month falls short of the said percentage of the home-grown wheat quota for such mill, and such sum shall be a debt due and payable by such person to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.

(4) Where the holder of a milling licence has become liable to pay any moneys to the Minister under the immediately preceding sub-section, the Minister may, with the consent of the Minister for Finance, release such holder from such liability.

(5) In any proceedings by the Minister under this section to recover any sum from the holder of a milling licence the production of a certificate by the Minister certifying that such sum is due shall be prima facie evidence of the facts so certified.

(6) All moneys recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.