AGRICULTURE Title, extent and commencement 1 These Regulations may be cited as the Potato Marketing Board (Residuary Functions) Regulations 1997, shall apply in Great Britain and shall come into force on 30th June 1997. Interpretation 2 In these Regulations— “ the Act ” means the Agriculture Act 1993; “the approved scheme” means the approved scheme (within the meaning of section 49(1) of the Act) of the Board ; “the Board” means the Potato Marketing Board, constituted under paragraph 7 of the Schedule to the Potato Marketing Scheme (Approval) Order 1955 ; “ the Council ” means the British Potato Council, established by the Potato Industry Development Council Order 1997 ; “ the Ministers ” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly; “preserved”, in relation to a given provision of the Scheme means subjected to section 38(3) (a) of the Act (which provides that, notwithstanding section 26(1) and (2) of the Act, the provision shall continue to have effect by virtue of these Regulations, subject to such modifications as may be specified in these Regulations); “producer” means a producer of potatoes; “the Scheme” means the Potato Marketing Scheme ; and “Vesting Day” means 30th June 1997 being the day on which, in accordance with the approved scheme, certain property, rights, and liabilities of the Board are, as a result of section 35 of the Act, transferred by virtue of the Act. Effect of provisions of the Scheme as preserved, inserted or continuing in force 3 The provisions of the Scheme which— a are preserved, whether or not subject to modifications, b are inserted by virtue of these Regulations, or c by virtue of section 37 of the Act continue in force subject to the provisions of these Regulations, shall in aggregate have effect as set out in the Schedule to these Regulations. Restructuring of the Board’s functions 4 The Board shall, immediately after the transfer under section 35 of the Act, continue to exist until dissolved by order made under section 38(5) of the Act, as a body corporate with a common seal, called the Potato Marketing Board but with their functions confined to those set out in these Regulations. Members of the Board 5 1 The Board, as constituted after the transfer under section 35 of the Act, shall consist of three members whom the Ministers shall appoint. 2 The Ministers shall designate one of the members appointed under this regulation as chairman of the Board. 3 The Ministers shall designate a second member to act as chairman, in the event that the first designated chairman is unable to attend a meeting of the Board. 4 Subject to the following provisions of this regulation, a member of the Board shall hold and vacate office in accordance with the terms of his appointment specified in the instrument by which the Ministers appoint him, which shall include a condition that the member shall comply with the provisions of these Regulations which are binding on him and ensure in combination with the other members that the Board complies with the provisions of these Regulations binding on them. 5 Any appointment of a person as a Board member shall be for a term not exceeding two years, but a person who ceases to be such a member at the end of the term shall be eligible for re-appointment. 6 A member of the Board may by giving a calendar month’s notice in writing to the Ministers resign his office with effect from such time as is specified in the notice. 7 If the Ministers are satisfied in relation to a member of the Board— a that that member has been absent without the written permission of the chairman of the Board from two consecutive meetings of the Board, or b that that member has been adjudged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors, or c that that member is unable or unfit to discharge the functions of a member, or d that that member has not complied with the terms of his appointment, the Ministers may by notice to him remove him from office with effect from such time as is specified in the notice. Official address of the Board 6 The Board shall have an office at which communications and notices will at all times be received and shall notify the Ministers of the address and of any change in the address thereof. General powers and staff 7 1 The Board may by power of attorney or otherwise— a appoint a person to be the agent of the Board, and b delegate to that person any of their functions, for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions. 2 The Council shall permit its employees to carry out work for the Board, when the Board considers this to be necessary for the purpose of carrying out the Board’s functions. 3 The Board shall appoint a person to act as Secretary to the Board from among the employees of the Council. 4 The Council shall 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 him in connection with the business of the Board. 5 The Council shall pay members of the Board such remuneration as shall be determined by the Ministers. Disciplinary Committee 8 1 There shall be a committee of the Board to be known as the Disciplinary Committee, which will complete any disciplinary hearings and other matters outstanding as at 30th June 1997. 2 The Disciplinary Committee shall consist of— a not less than two members of the Board, and b an independent member— i who is a solicitor or a barrister or a Scottish advocate, and ii who has been qualified as such for not less than seven years, and iii who is not and never has been a member of the Board, and iv whose appointment is approved by the Ministers. 3 The independent member shall act as chairman of the Disciplinary Committee. 4 Paragraph 83 of the Scheme is preserved, subject to modifications, and shall have effect as set out in the Schedule to these Regulations. Proceedings of the Board 9 1 Any meeting of the Board shall have a quorum of two members. 2 In the case of an equality of votes at any meeting of the Board or of the Disciplinary Committee, the chairman shall have a second or casting vote. Minutes 10 Paragraphs 32 and 34 of the Scheme are preserved, subject to modifications and shall have effect as set out in the Schedule to these Regulations. The seal 11 Paragraph 37 of the Scheme is preserved, subject to modifications, and shall have effect as set out in the Schedule to these Regulations. Contracts 12 Paragraphs 35 and 36 of the Scheme are preserved and shall have effect as set out in the Schedule to these Regulations. Annual report and accounts and other financial provisions 13 1 The Board shall have power to operate a bank account in the name of the Potato Marketing Board, to be used to receive monies paid to it by producers under the Scheme. 2 The Board shall draw up the annual report and accounts for the financial year ending 30th June 1997 and shall— a submit that report and accounts to the Ministers; and b circulate that report and accounts to all producers who were registered with the Board on 30th June 1997. 3 The Board shall pay to the Council the monies referred to in paragraph (1) of this regulation. Annual General Meeting 14 Notwithstanding the provisions of paragraph 58 of the Scheme, the Board shall not be required to hold a general meeting of producers for the calendar year 1997. Arbitration 15 Paragraph 90 of the Scheme is preserved and shall have effect as set out in the Schedule to these Regulations. Indemnity 16 1 Subject to paragraph (2) below, every member or officer or auditor of the Board shall be indemnified out of the assets of the Council from and against— a any action, cost, charge, loss, damage and expense which he may incur, and b any liability which by virtue of any rule of law or equity would otherwise attach to him, by reason of, or in connection with, any act done, concurred in or omitted in or about the execution of his duty in relation to the affairs of the Board. 2 Paragraph (1) above shall not apply where any such action, cost, charge, loss, damage, expense or liability has arisen from or been contributed to by any dishonest act or omission, wilful default or wilful neglect on the part of such member, officer or auditor. Completion of functions, winding-up and payments of surplus 17 1 As soon as the Board has— a completed all disciplinary hearings outstanding as at 30th June 1997 and b dealt with the annual report and accounts for the financial year ending 30th June 1997, as specified in paragraph 13(2) of these regulations, then the Board shall pay any remaining monies it holds to the Council. 2 When the Board has paid the remaining monies to the Council, in accordance with paragraph (1) of this regulation, the Board shall notify the Ministers that it has wound up its affairs in accordance with section 38(5) of the Act. Lord Donoughue Parliamentary Secretary,Ministry of Agriculture, Fisheries and Food 19th June 1997 Signed by authority of the Secretary of State for Wales Win Griffiths Parliamentary Under Secretary of State, Welsh Office 23rd June 1997 Sewel Parliamentary Under Secretary of State, Scottish Office 18th June 1997