Milk Marketing Boards (Special Conditions) Regulations 1981
1981 No. 322
AGRICULTURE
The Milk Marketing Boards (Special Conditions) Regulations 19813rdMarch 1981
11thMarch 1981
1stApril 1981
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated (a) for the purposes of section 2(2) of the European Communities Act 1972 (b) in relation to the common agricultural policy of the European Economic Community, acting jointly in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Milk Marketing Boards (Special Conditions) Regulations 1981 and shall come into operation on 1st April 1981.
(2) In these regulations, unless the context otherwise requires,—
"the appropriate Minister"—
(a) in relation to England, means the Minister;
(b) in relation to any other part of Great Britain, means the Secretary of State; and
(c) in relation to Northern Ireland, shall be construed in accordance with paragraph (3) below;
"authorised officer" means a person authorised by the appropriate Minister for the purposes of these regulations;
"the Commission Regulation" means Commission Regulation (EEC) No. 1565/79 of 25th July 1979 (c) laying down rules for implementing the Council Regulation;
"the Council Regulation" means Council Regulation (EEC) No. 1422/78 of 20th June 1978 (d) concerning the granting of certain special rights to milk producer organisations in the United Kingdom;
(a) S.I. 1972/1811.
(b) 1972 c. 68.
(c) O.J. No. L188, 26.7.79, p. 29.
(d) O.J. No. L171, 28.6.78, p. 14.
"the milk marketing boards" means the Milk Marketing Board, the Scottish Milk Marketing Board, the Aberdeen and District Milk Marketing Board, the North of Scotland Milk Marketing Board and the Milk Marketing Board for Northern Ireland, and "the relevant board", in relation to a producer of milk in a particular area of the United Kingdom, means that one of the milk marketing boards which operates in that area;
"the Minister" means the Minister of Agriculture, Fisheries and Food;
and other expressions have the same meaning as in the Council Regulation or the Commission Regulation.
(3) In their application to Northern Ireland these regulations shall have effect with the substitution, for references to the appropriate Minister, of references to the Department of Agriculture for Northern Ireland.
Competent authority
2. For the purposes of Articles 3(1), 4(2) and the second paragraph of Article 5(1) of the Commission Regulation (which require notification to the competent authority and the relevant board of a producer's intention to exercise the rights referred to in Articles 7(1)(a), 7(1)(b) and 8(1)(b) respectively of the Council Regulation) the competent authority shall be the appropriate Minister.
Exportation of milk withheld from milk marketing boards
3. A producer withholding milk in exercise of the right referred to in Article 7(1)(a) of the Council Regulation (which enables a producer, on giving the notice prescribed by Article 3(1) of the Commission Regulation, to withhold milk from sale to the relevant board with a view to marketing it in processed or unprocessed form in another Member State or in a third country) shall—
(a) export, or cause to be exported, the milk so withheld, or the produce resulting from its processing, within a period of 2 years beginning with the date of withholding, and
(b) provide the appropriate Minister with such documentary proof of the exportation, within such time thereafter, as that Minister may by notice to the producer reasonably require;
and he and any other producer with whom, or any intermediary through whom, he has acted shall retain contracts, records...
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