85Duration of marketing orders

85 Duration of marketing orders

85 Duration of marketing orders

(1) A marketing order shall state the period, not exceeding 4 years, for which it is to be initially in force.

(2) The Minister may cause a notice to be published in the Gazette stating that a marketing order specified in the notice will remain in force for a further period (not exceeding 4 years) specified in the notice, if—

(a) a petition for a poll is presented to the Minister before the day specified in the notice, as referred to in section 86, and

(b) votes are cast in the poll by a majority of the persons who are enrolled in the relevant roll for the poll, and

(c) a majority of the votes cast at the poll are in favour of the marketing order remaining in force for the further period.

(3) The notice under subsection (2) shall be published at least 3 months before the commencement of the further period.

(4) Where—

(a) a notice is published in the Gazette under subsection (2),

(b) a petition for a poll on the question of whether the marketing order should remain in force for the further period is presented in accordance with section 86, and

(b1) votes are cast in the poll by a majority of the persons who are enrolled in the relevant roll for the poll, and

(b2) a majority of the votes cast at the poll are in favour of the marketing order remaining in force for the further period, and

(c) the results of the poll are published before the commencement of the further period,

the marketing order shall, subject to this Act, remain in force for the further period, but shall otherwise cease to have effect at the beginning of the further period.

s 85: Am 1997 No 126, Sch 1 [5] [6].