Industrial Organisation and Development Act 1947 (c. 40)

(1) There may be established for any industry, by an order in that behalf made by an authority specified in subsection (2) of this section, a body, in this Act referred to as a development council, to whom there may be assigned by the order any functions of a kind specified in the First Schedule to this Act for whose exercise by the council it appears to that authority to be expedient to provide in order to increase efficiency or productivity in the industry, to improve or develop the service that it renders or could render to the community, or to enable it to render such service more economically. (2) Orders under this Act establishing development councils (in this Act referred to as a “development council order”) may be made by the Board of Trade, [ F1 the Minister of Agriculture, Fisheries and Food ] [ F2 or the Secretary of State ] (hereafter in this Act referred to, in relation to any such order made or proposed to be made by them or him, as “ the Board or Minister concerned ”): Provided that the power to make a development council order relating to agriculture within the meaning of [ F3 the M1 Agriculture Act 1947 ] , or to fisheries, and extending (but not applying solely) to Scotland shall be vested in the Minister of Agriculture Fisheries [ F1 and Food ] and the Secretary of State jointly, and references in this Act to the Board or Minister concerned shall be construed accordingly in relation to such an order. (3) Before making a development council order the Board or Minister concerned shall consult any organisation appearing to them or him to be representative of substantial numbers of persons carrying on business in the industry and such organisations representative of persons employed in the industry as appear to the Board or Minister concerned to be appropriate. (4) A development council order shall not be made unless the Board or Minister concerned is satisfied that the establishment of a development council for the industry is desired by a substantial number of the persons engaged in the industry. (5) A development council order may provide for any incidental or supplementary matters for which it appears to the Board or Minister concerned to be necessary or expedient to provide. (6) A development council order shall not be made until a draft of the order has been approved by a resolution of each House of Parliament. Textual Amendments F1 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200), art. 3(3) F2 Words substituted by S.I. 1971/719 , Sch. para. 3 F3 Words substituted by virtue of Interpretation Act 1889 (c. 63) , s. 38(1) Modifications etc. (not altering text) C6 Functions of Board of Trade under s. 1 now exercisable by Secretary of State: S.I. 1969/1498 , art. 3(1) , Sch. 1 para. 1 and 1970/1537, art. 2(2), Sch. 1 Pt. II Marginal Citations M1 1947 c. 48 .

(1) A development council shall be by virtue of this Act a body corporate, by such name as may be specified in the development council order. (2) The members of a development council shall be appointed by the Board or Minister concerned. (3) A development council shall consist of members of the following categories, that is to say, in the case of every development council,— (a) persons capable of representing the interests of persons carrying on business in the industry, (b) persons capable of representing the interests of persons employed in the industry, and (c) other persons, being persons as to whom the Board or Minister concerned is satisfied that they have no such financial or industrial interest as is likely to affect them in the discharge of their functions as members of the council (in this Act referred to as “ the independent members ”), and, in a case in which it appears to the Board or Minister concerned to be expedient that the members of the council should include persons having special knowledge of matters relating to the marketing or distribution of products of the industry, persons of that category. (4) A development council order shall specify the number, or a maximum or minimum number, of persons of each of the said categories to be included and shall contain provision for securing that the persons who are included as being of the categories specified in paragraphs ( a ) and ( b ) of the last preceding subsection shall together be of a number constituting a majority of the members of the council. (5) A development council order may specify requirements as to the appointment of, and the tenure and vacation of office by, the members of the council, and as to qualification or disqualification for membership. (6) Before appointing persons to be members of a development council of the categories specified in paragraphs ( a ) and ( b ) respectively of subsection (3) of this section, the Board or Minister concerned shall consult such representative organisations as are mentioned, in relation to persons carrying on business in the industry and to persons employed therein respectively, in subsection (3) of section one of this Act. (7) A development council shall have a chairman who shall be one of the independent members and shall be appointed by the Board or Minister concerned, who may also appoint one of the Members of the council to act as deputy chairman. (8) A development council order may provide for the payment to all or any of the members of the council of such remuneration and allowances as may be determined by the Board or Minister concerned, and for the payment, on the retirement or death of any of the members of the council as to whom it may be so determined to make such provision, of such pensions and gratuities to them or to others by reference to their service as may be so determined. (9) The provisions of the Second Schedule to this Act shall apply as regards the subsidiary matters therein mentioned relating to development councils.