Milk (Special Designations) (Scotland) Amendment Order, 1949

JurisdictionUK Non-devolved
CitationSI 1949/1856
Year1949

1949 No. 1856 (S. 121)

MILK AND DAIRIES, SCOTLAND

The Milk (Special Designations) (Scotland) Amendment Order, 1949

1stOctober 1949

3rdOctober 1949

4thOctober 1949

In exercise of the powers conferred on me by section 3 of the Milk and Dairies (Amendment) Act, 1922(a) as enacted in section 10 of the Milk Act, 1934(b) and by section 11 of the Milk (Special Designations) Act, 1949(c) and of all other powers enabling me in that behalf I hereby order as follows:—

PART I—Citation and Interpretation

1.—(1) This Order may be cited as the Milk (Special Designations) (Scotland) Amendment Order, 1949, and it and the Milk (Special Designations) Orders (Scotland), 1936 to 1944(d) shall be read as one and may be cited together as the Milk (Special Designations) (Scotland) Orders, 1936 to 1949.

(2) This Order shall come into operation on the fourth day of October, 1949.

2.—(1) In this Order—

"the principal Order" means the Milk (Special Designations) Order (Scotland), 1936, as amended by the Milk (Special Designations) Amendment Order (Scotland), 1937, the Milk (Special Designations) Amendment Order (Scotland), 1938, the Milk (Special Designations) Amendment Order (No. 2) (Scotland), 1938, the Milk (Special Designations) Amendment Order (Scotland), 1941, and the Milk (Special Designations) Amendment Order (Scotland), 1944(d).

(2) The Interpretation Act, 1889(e), applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

(a) 12 & 13 Geo. 5. c. 54.

(b) 24 & 25 Geo. 5. c. 51.

(c) 12, 13 & 14 Geo. 6. c. 34.

(d) S.R. & O. 1936 (No. 687) I, p. 1832; 1937 (No. 212) p. 1722; 1938 (Nos. 183 and 1158) II, pp. 2173 and 2177; 1941 (No. 1336) I, p. 624: 1944 (No. 1258) I, p. 464.

(e) 52 & 53 Vict. c. 63.

PART II—Amendment of Principal Order

3. For Article 8 of the principal Order there shall be substituted the following Article:—

"8.—(1) Subject to the provisions of this Article the local authority, or the Secretary of State on appeal being made to him by virtue of the subsequent provisions of this Article, may suspend or revoke a licence on the ground of any breach of condition thereof, being a breach which is proved to the satisfaction of the local authority or the Secretary of State, as the case may be:

Provided that a producer's licence shall not be suspended or revoked by reason only of his milk being found not to comply with the conditions of a licence after it has left his custody and control, if he proves...

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