Pigs and Bacon Act, 1937

Sale orders.

68.—(1) Whenever the Board receives from any person a producer's tender stating that he is able and willing to deliver, during the week to which such tender relates, the number (in this section referred to as the number tendered) of pigs set out in such tender, the following provisions shall have effect, that is to say:—

(a) the Chairman of the Board may make an order (in this section referred to as the said order) requiring—

(i) such person (in this section referred to as the vendor) to sell and deliver to the licensee of specified licensed premises (in this section referred to as the purchaser), at such premises and on such day or days during such week as the purchaser may direct, a specified number (not exceeding the number tendered less such number of pigs as the vendor may be required to sell and deliver by another order under this section previously made in relation to such week, nor exceeding the slaughtering quota in respect of such premises for such week less such number of pigs as the purchaser may be required to purchase and take delivery of at such premises by another order under this section previously made in relation to such week) of pigs, being pigs in the possession and at the premises of the vendor for at least four weeks before the date of such producer's tender, and

(ii) the purchaser to purchase and take delivery at such premises during such week of the said specified number of pigs;

(b) on the making of the said order the Chairman of the Board may cause a copy thereof to be served on each of them, the vendor and the purchaser, not later than four days before the commencement of such week;

(c) on the due service of a copy of the said order upon each of them, the vendor and the purchaser, the following provisions shall have effect:—

(i) the vendor and the purchaser shall be deemed to have entered into a contract in terms of the requirements of the said order,

(ii) if the requirements of the said order are not complied with, the vendor and purchaser shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds,

(iii) it shall be a good defence in any proceedings for an offence under this section against the vendor to prove that non-compliance with the said order was due to the acts or default of the purchaser,

(iv) it shall be a good defence in any proceedings under this section against the purchaser to prove that non-compliance with the said order was due to the acts or default of the vendor.

(2) More than one order in relation to any one week may be made under this section in respect of—

(a) a person who has sent a producer's tender to the Board in relation to such week, or

(b) the licensee of licensed premises.

(3) Every pig sold and delivered under an order made under this section shall be so sold and delivered upon terms that the price of such pig is to be determined after slaughter.