Statutory Instruments
1997 No. 2092 (S.149)

INDUSTRIAL ORGANISATION AND DEVELOPMENT
The Scottish Seed Potato Development Council (Dissolution) Order 1997

Made
21st August 1997

Coming into forcein accordance with article 1
Whereas the Secretary of State has consulted the development council known as the Scottish Seed Potato Development Council and the organisations appearing to him to be representative of substantial numbers of persons carrying on business in the industry of the production of seed potatoes in Scotland for sale by way of trade or business and with the organisations representative of persons employed in the industry appearing to him to be appropriate:

Now, therefore, the Secretary of State, in exercise of the powers conferred by section 8 of the Industrial Organisation and Development Act 1947(1) and now vested in him(2) and of all other powers enabling him in that behalf, hereby makes the following Order a draft of which has been laid before and approved by resolution of each House of Parliament:

Citation and commencement

1.—(1) This Order may be cited as the Scottish Seed Potato Development Council (Dissolution) Order 1997 and shall come into force on the day after the day on which it is made.

Interpretation

2.  In this Order, unless the context otherwise requires–

“the Act” means the Industrial Organisation and Development Act 1947;

“the Council” means the Scottish Seed Potato Development Council established under the provisions of the principal Order;

“the dissolution date” has the meaning assigned to it by article 3(1) of this Order;

“the industry” has the meaning assigned to it in article 2 of the principal Order;

“the principal Order” means the Scottish Seed Potato Development Council Order 1981(3).

Winding up of the Council

3.—(1) On the day on which this Order comes into force (hereinafter referred to as “the dissolution date”), the property, rights and liabilities which immediately before that date were property, rights and liabilities of the Council shall, by virtue of this article, vest in the Secretary of State and the Council shall be dissolved.

(2) Any legal proceedings to which the Council are a party immediately before the dissolution of the Council may be continued after the dissolution by or in relation to the Secretary of State.

Final accounts of the Council

4.—(1) The accounts of the Council shall be prepared for the period commencing on 1st January 1996 and terminating on 30th April 1997, which shall be the Council’s last financial year and shall be delivered to the Secretary of State not later than the dissolution date.

(2) Special liquidation accounts, in such form as the Secretary of State may direct, relating to the financial transactions of the Council between 30th April 1997 and the dissolution date shall be prepared separately by the Council and delivered to the Secretary of State on the dissolution date.

Power to impose and recover charges

5.—(1) If the assets of the Council are insufficient to meet their liabilities and the expenses of the winding up, the Secretary of State shall have power for the purpose of making good the deficiencies to impose a charge or charges on each person upon whom a charge may be imposed in the crop year 1996 under article 6(1) of the principal Order computed according to the area of any crop of potatoes for which that person held a certificate issued in accordance with Schedule 1 to the Seed Potatoes Regulations 1991(4) in that crop year.

(2) The provisions of article 6 of the principal Order shall apply in relation to any such charge, subject to the following modifications:–

(a)the omission of paragraphs (1) and (2); and

(b)the substitution in paragraph (3) for the reference to paragraph (1) of that article to paragraph (1) of this article;

(c)the substitution for references to the Council of references to the Secretary of State.

(3) Charges imposed under paragraph (1) of this article shall be computed to yield, as near as possible, a total amount equal to the amount by which the liabilities of the Council and the expenses of the winding up exceed the assets of the Council.

Surplus monies and property

6.  The Secretary of State after the Council’s dissolution shall have the power to pay or give, as the case may be, any monies or property which he is satisfied are not, and will not be, required for the purposes of meeting the liabilities of the Council and the expenses of the winding up to a development council for the industry and related industries or for other purposes being purposes falling within Schedule 1 to the principal Order.

Settlement of the Council’s debts and liabilities

7.—(1) Subject to paragraph (2) below, every creditor of the Council shall notify the Secretary of State of each of his debts or claims against the Council within three months of the dissolution date and shall give the Secretary of State such further information relating thereto as he may reasonably require.

(2) Paragraph (1) above shall not apply to any debt or claim which is the subject of any legal proceedings which have been commenced against the Council prior to the dissolution date.

(3) Every creditor shall state in the notification to the Secretary of State in accordance with paragraph (1) above the amount of the debt or claim or, where the debt or claim is subject to a contingency or sounds in damages or bears no specific value, shall include in it as far as possible a just estimate of the debt or claim.

(4) The Secretary of State may admit or reject each debt or claim notified to him in accordance with paragraph (1) above and shall notify the creditor in writing whether he admits it or rejects it in whole or in part and, if he rejects it, shall state in the notification the grounds of the rejection.

Limitation of actions

8.  No action or other legal proceedings against the Secretary of State shall be commenced in respect of any debt due by or claim against the Council or any part thereof on or after the date on which this Order comes into force unless–

(a)that debt or claim has been notified to the Secretary of State in accordance with the provisions of article 7;

(b)that debt or claim or that part has been rejected by the Secretary of State; and

(c)not more than two months have elapsed since the Secretary of State notified the creditor of the grounds of the rejection.

Revocations

9.  The Scottish Seed Potato Development Council Order 1981 and the Scottish Seed Potato Development Council (Amendment) Order 1991(5) are hereby revoked.

Sewel
Parliamentary Under Secretary of State Scottish Office
St Andrew’s House,
Edinburgh
21st August 1997

Explanatory Note

(This note is not part of the Order)
This Order provides for the winding up and dissolution of the Scottish Seed Potato Development Council (article 3), the preparation of final accounts of the Council (article 4) and the imposition and recovery of charges to meet the Council’s liabilities and the expenses of the winding up (article 5). It further provides for the application of surplus monies and property of the Council for specified purposes (article 6), for the notification of debts or claims due by the Council (articles 7 and 8), and the revocation of the Scottish Seed Potato Development Council Order 1981 and the Scottish Seed Potato Development Council (Amendment) Order 1991 (article 9).


(1)
1947 c. 40.

(2)
See S.I. 1971/719, Schedule, paragraph 3.

(3)
S.I. 1981/1767, amended by S.I. 1991/2828.

(4)
S.I. 1991/2206, to which there are amendments not relevant to these Regulations.

(5)
S.I. 1991/2828.