MILK MARKETING SCHEME (APPROVAL) ORDER, 1933, Dated JULY 28, 1933, Made by the MINISTER OF AGRICULTURE AND FISHERIES UNDER SECTION 1 (8) OF THE AGRICULTURAL MARKETING ACT, 1931 (21 & 22 GEO. 5. C. 42).
| Jurisdiction | UK Non-devolved |
| Citation | SI 1933/789 |
| Year | 1933 |
1933 No. 789
AGRICULTURE
(iv) Milk Marketing Schemes
(A) Schemes (a)
(1) England
THE MILK MARKETING SCHEME (APPROVAL) ORDER, 1933, DATED JULY 28, 1933, MADE BY THE MINISTER OF AGRICULTURE AND FISHERIES UNDER SECTION 1 (8) OF THE AGRICULTURAL MARKETING ACT, 1931 (21 & 22 GEO. 5. C. 42).21 & 22 Geo. 5. c. 42 and 23 & 24 Geo. 5. c. 31.
Whereas the Minister of Agriculture and Fisheries laid before each House of Parliament a draft of a Scheme, as set forth in the Schedule hereto, under the Agricultural Marketing Acts, 1931 and 1933, for regulating the marketing of cows' milk produced in England and Wales:
And whereas the House of Commons resolved on the twenty-seventh day of July, 1933, and the House of Lords resolved on the twenty-seventh day of July, 1933, that the said Scheme should be approved:
Now therefore the Minister of Agriculture and Fisheries as required by section 1 (8) of the Agricultural Marketing Act, 1931, hereby makes the following Order:—
1. The said Scheme is approved in terms of the said draft.
(a) MODIFICATION AND SUSPENSION OF SCHEMES. See Part IX of the Defence (Agriculture and Fisheries) Regulations, 1939, which is included in the volume of Defence Regulations referred to in the Preface to this volume, and S.R. & O. 1940 (No. 1716) II, p. 284 and 1942 (No. 2539) II, p. 243.
2. The said Scheme shall come into force on the twenty-ninth day of July, 1933.
3. This Order may be cited as "The Milk Marketing Scheme (Approval) Order, 1933."
In Witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this twenty-eighth day of July, 1933.
Charles J. H. Thomas, Secretary.
(L.S.)
SCHEDULE
Draft
SCHEME UNDER THE AGRICULTURAL MARKETING ACT, 1931, REGULATING THE MARKETING OF MILK.
[This Scheme is here reprinted as amended by Orders dated July 28, 1936 (S.R. & O. 1936 (No. 767) I, p. 24); March 22, and August 3, 1937 (S.R. & O. 1937 (Nos. 228 and 744) pp. 1, 2); and March 16, 1939 (S.R. & O. 1939 (No. 324) I, p. 30).]
PART I
PRELIMINARY
1. This Scheme may be cited as the Milk Marketing Scheme, 1933, and applies to England and Wales.
2. The Interpretation Act, 1889 applies for the interpretation of this Scheme as it applies for the interpretation of an Act of Parliament.
3. In this Scheme, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
"The Act" means the Agricultural Marketing Act, 1931, as amended by any subsequent Act;
"Calendar year" means a period of twelve consecutive months beginning on the first day of January;
"Determined" means determined by the Board;
"Minister" means the Minister of Agriculture and Fisheries;
"Market Supply Committee" means the Market Supply Committee appointed in accordance with the provisions of section three of the Agricultural Marketing Act, 1933;
"Milch cow" means a cow kept for milking purposes whether dry or in milk, but does not include a heifer which has never calved;
"Milk" means cows' milk produced in England and Wales;
"Prescription" means a determination of the Board made by means of a prescriptive resolution, and "prescribe" shall be construed accordingly;
"Prescriptive Resolution" means a resolution of the Board, embodying a determination of the Board, which is recorded in the record provided for by paragraph 96 of this Scheme;
"Producer" means a producer of milk;
"Region" means a region constituted for the purposes of this Scheme;
"Registered" means registered under this Scheme, and "registration" shall be construed accordingly;
"Secretary" includes any person for the time being authorised by the Board to act as secretary.
4. For the purposes of this Scheme there shall be eleven regions called respectively the northern region, the north-western region, the eastern region, the east-midland region, the west-midland region, the North Wales region, the South Wales region, the southern region, the mid-western region, the far-western region, and the south-eastern region, and each of those regions shall consist of the area which, immediately before the 14th day of March, 1933, was comprised in the counties and county boroughs specified in relation thereto in the First Schedule to this Scheme.
PART II
THE BOARD AND THE REGIONAL COMMITTEES THE BOARD
5. The Board to administer this Scheme shall be called the Milk Marketing Board, and is hereafter in this Scheme referred to as "the Board."
6. The Board shall be a body corporate, with a common seal and power to hold land without licence in mortmain.
7. Until the thirtieth day of June, 1934, the Board shall consist of the following persons, that is to say:—
T. Baxter, Beverley, Somerville Road, Sutton Coldfield, Warwickshire;
D. L. Bebb, Haimwood, Llandrinio, Llanymynech, Mont.;
H. B. Boden, Denstone Hall, Rocester, Staffordshire;
Major R. H. Dorman-Smith, J.P., Dockenfield Manor, Farnham, Surrey;
B. Hinds, Danyrallt, Abergorlech Road, Carmarthen;
P. R. M. Jaggard, J.P., Hodnell Manor, Southam, Rugby, Warwickshire;
J. Joyce, J.P., Preston, Milverton, Somerset;
E. H. G. Maddy, J.P., Compton Abdale, Cheltenham, Glos;
Oswald McBryde, Pegswood Moor, Morpeth, Northumberland;
J. W. Rickeard, Darsham Hall, Saxmundham, Suffolk;
J. G. Searle, Tregoose, Grampound Road, Cornwall;
Capt. C. G. Y. Skipwith, J.P., Loversal Hall, Doncaster, Yorks.;
Morley Slade, Anvilles, Hungerford, Berks.;
C. T. Sproston, Catten Hall, Frodsham, Cheshire;
J. Trehane, J.P., Manor Farm, Hampreston, Wimborne, Dorset;
J. L. Walton, Morven, Rusper Road, Horsham, Sussex; and two persons nominated by the Minister in accordance with section fourteen of the Agricultural Marketing Act, 1933.
8. Subject to the provisions of this Scheme as to the filling of casual vacancies, the Board shall consist, after the thirtieth day of June, 1934, of twelve regional members elected for the several regions by the registered producers respectively producing milk therein, and three special members elected by the registered producers in general meeting, and two persons co-opted to the Board by the elected members of the Board after consultation with the Market Supply Committee:
Provided that during the period of twelve months from the thirtieth day of June, 1934, the co-option of any person to the Board shall be subject to the approval of the Minister.
9. There shall be two regional members for the north-western region and one regional member for each of the other regions.
10. The Board:—
(1) shall elect from amongst their members a chairman and vice-chairman, both of whom shall (provided they remain members of the Board) hold office until the expiration of the day on which the next election of special members of the Board takes place;
(2) may employ a secretary and such other officers, agents and servants as they think fit;
(3) shall have an office at which communications and notices will at all times be received, and shall notify the Minister of the address of that office and of any change in that address;
(4) may enter into such agreements, acquire such property and do such things as may, in their opinion, be necessary or desirable for the purpose of exercising or performing any of their powers or duties under this Scheme, and may sell or otherwise dispose of any property acquired by them which they do not need for such purpose.
11. The Board may pay to any member of the Board any such travelling and out-of-pocket expenses as have, in the opinion of the Board, been reasonably incurred by him in connection with the business of the Board, and shall also pay to the members of the Board such remuneration (if any) as may be determined annually by the registered producers in general meeting.
ELECTION OF MEMBERS
12. An election of a regional member or regional members shall be held for each region in 1934. Four regional members shall be elected in 1935 and in every subsequent calendar year. The regions for which regional members are to be elected in 1935, 1936 and 1937 respectively shall be determined by lot, so however that the two members for the north-western region shall be elected in the same calendar year. After the end of 1937 an election of a regional member or regional members shall be held for each region in the third calendar year after that in which the last such election was held for that region.
All elections of regional members under this paragraph shall be held in the month of June on such day as the Board may fix.
13. A regional member for any region shall, subject to the following provisions of this Part of this Scheme, hold office until the end of the day on which the next election of a regional member or regional members for that region held under the last foregoing paragraph is completed.
14. An election of special members shall be held in 1934 in the month of June, and in 1937 and every subsequent calendar year on such day in the month of June as the Board may fix; but after 1936 one special member only shall be elected in each calendar year. Of the special members elected in 1934 one (to be selected by lot) shall, subject to the provisions of this part of this Scheme, hold office until the end of the day on which the election of a special member in 1937 is completed, one (to be so selected) shall, subject as aforesaid, hold office until the end of the day on which the election of a special member in 1938 is completed, and the remaining one shall, subject as aforesaid, hold office until the end of the day on which the election of a special member in 1939 is completed; but save as aforesaid, every special member shall, subject to the provisions of this part of this Scheme, hold office until the end of the day on which the election of a special member is completed in the third calendar year after that in which he was elected.
14A. A person co-opted in pursuance of the provisions of paragraph 8 of this Scheme shall, subject to the provisions of...
To continue reading
Request your trial