Milk Development Council Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/356 |
| Year | 1995 |
1995 No. 356
INDUSTRIAL ORGANISATION AND DEVELOPMENT
The Milk Development Council Order 1995
Made 6th February 1995
Coming into force in accordance with article 1
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland and the Secretary of State for Wales acting jointly in exercise of the powers conferred by sections 1, 2, 3, 4, 5, 6 and 14 of and Schedule 2 to, the Industrial Organisation and Development Act 19471and now vested in them2, and of all other powers enabling them in that behalf, after consultation with the organisations appearing to them to be representative of substantial numbers of persons carrying on business in the industry and with the organisations representative of persons employed in the industry appearing to them to be appropriate, being satisfied that the establishment of a development council for the industry is desired by a substantial number of persons engaged in the industry, and having satisfied themselves that the incidence of charges as between different classes of undertakings in the industry will be in accordance with a fair principle, hereby make the following Order, a draft of which has been laid before and approved by resolution of each House of Parliament:—
Title and commencement
1. This Order may be cited as the Milk Development Council Order 1995 and shall come into force on the day after the day on which it is made.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the Act” means the Industrial Organisation and Development Act 1947;
“the Council” means the Milk Development Council established under the provisions of this Order;
“the industry” means the industry comprising the activities of producers in producing milk in Great Britain and selling it by way of business;
“milk” means cows' milk;
“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; and
“producer” means a person who produces milk in Great Britain and sells it by way of business.
(2) For the purposes of this Order, where a person produces milk, converts it or arranges for it to be converted into another product or part of another product and sells that other product—
(a)
(a) he shall be treated as selling the milk at the time that he sells that other product, and
(b)
(b) the quantity of milk which he shall be treated as selling shall be the quantity so converted.
(3) In this Order, unless the context otherwise requires, any reference to a numbered article or Schedule is a reference to the article or Schedule so numbered in this Order.
Establishment of Development Council
3.—(1) There shall be established a development council for the industry, to be known as the Milk Development Council, and there shall be assigned to them the functions specified in Schedule 1.
(2) The Council shall exercise their functions in such manner as appears to them to be likely to increase efficiency and productivity in the industry, to improve and develop the service that the industry renders or could render to the community or to enable the industry to render that service more economically.
(3) The Council may enter into such agreements, acquire such property and do such things, as may in the opinion of the Council be necessary or desirable for the exercise of any of their functions and may dispose of as they think fit of any property acquired by them.
Constitution of Council
4. The Council shall consist of the following members appointed by the Ministers, that is to say:
(a) not more than six or fewer than two persons capable of representing the interests of producers;
(b) two persons capable of representing the interests of people employed in the industry;
(c) two persons (including the chairman) as to whom the Minister 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 (hereinafter referred to as “independent members”); and
(d) one person having special knowledge of matters relating to the marketing or distribution of products of the industry.
Membership and Proceedings of Council
5. The provisions of Schedule 2 shall have effect in relation to the membership and proceedings of the Council.
Register of producers
6.—(1) The Council shall, in accordance with the following provisions of this article, maintain a register of producers, referred to in those provisions as “the register”.
(2) The Council shall acquire such information as it is reasonably practicable for them to acquire in order to enter on the register the name and address of each person who is a producer at the time of coming into force of this Order, and shall enter on the register the names and addresses of those whose identity as producers at that time has been ascertained by the Council in acquiring that information.
(3) Within thirty days after making any entry pursuant to paragraph (2) above in respect of any person, the Council shall give written notice to that person of the fact that they have done so and of details of the entry.
(4) The Council shall also enter on the register the name and address of every person who applies to the Council in writing, on the grounds that he is a producer, to have his name and address entered thereon.
(5) The Council may enter on the register, in addition to the name and address of any registered person, any business name under which and the address of any place at which he carries on the business in the industry, and the names of his partners in any such business, but no other information.
(6) Any registered person who becomes aware of any matter rendering the entry on the register relating to him inaccurate or incomplete shall give written notice to the Council of that matter within thirty days of his becoming aware of it.
(7) The Council shall amend the register in accordance with any such notification as is referred to in paragraph (6) above, on its receipt.
(8) Any registered person may apply in writing to the Council for the removal of his name from the register and if the Council are satisfied that such person is not a producer they shall remove his name forthwith.
(9) The Council may, if they have reasonable cause to believe that any registered person is not a producer, by notice in writing inform that person of their intention to remove his name from the register unless within thirty days from the date of the notice he gives notice in writing to the Council that he is a producer and, if no such notice is received by the Council within that period, the Council may on the expiration of that period remove his entry from the register.
(10) The register shall be kept at the office of the Council and any person shall, on the payment of a fee not exceeding one pound, be entitled to inspect the register during normal business hours and to take, or be supplied with, a copy of the entries relating to any one registered person.
(11) In this article “registered person” means a person whose entry is for the time being on the register.
Registration of producers
7.—(1) Every person who is a producer at the time at which this Order comes into force shall within 120 days thereafter apply for registration in writing to the Council unless he has received a notice given under article 6(3).
(2) Every person who becomes a producer after this Order comes into force shall no later than 30 days after becoming a producer apply for registration in writing to the Council.
(3) Where two or more persons jointly carry on business in the industry they shall, for the purpose of registration, be treated as constituting a single person.
(4) In this article “registration”, in relation to any person, means the entering of his name and address on the register of producers maintained under article 6, and in article 8 “registered” shall be construed accordingly.
Returns and information
8.—(1) Subject to paragraph 2 below, the Council may require any registered producer to furnish such returns and information relating to...
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