Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

1989 No. 1806 (S.133)

AGRICULTURE

The Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

Made 28th September 1989

Coming into force 25th October 1989

Whereas the Secretary of State has considered it appropriate to prepare a consolidation of the Scottish Milk Marketing Scheme 19331as it has effect with amendments;

Now therefore, in exercise of the powers conferred on him by section 52(1) of, and paragraph 5A of Schedule 1 to, the Agricultural Marketing Act 19582and of all other powers enabling him in that behalf, he hereby makes the following Order:

S-1 This Order may be cited as the Scottish Milk Marketing Scheme...

1. This Order may be cited as the Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989 and shall come into force on 25th October 1989.

S-2 The Scottish Milk Marketing Scheme 1989 set out in Schedule 1...

2. The Scottish Milk Marketing Scheme 1989 set out in Schedule 1 to this Order is hereby approved and shall come into force on 25th October 1989.

S-3 The Scottish Milk Marketing Scheme 1933 is hereby revoked.

The Scottish Milk Marketing Scheme 1933 is hereby revoked.

3. The Scottish Milk Marketing Scheme 1933 is hereby revoked.

S-4 This Order is made for the purposes of consolidation only.

This Order is made for the purposes of consolidation only.

4. This Order is made for the purposes of consolidation only.

S-5 The Orders and Regulations specified in column (1) of Schedule...

5. The Orders and Regulations specified in column (1) of Schedule 2 to this Order are hereby revoked to the extent specified in relation thereto in column (3) of that Schedule.

Sanderson of Bowden

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

28th September 1989

SCHEDULE 1

Article 2

THE SCOTTISH MILK MARKETING SCHEME 1989

SCHEME FOR THE REGULATION OF THE MARKETING OF MILK IN SCOTLAND UNDER THE AGRICULTURAL MARKETING ACT 1958

SCHEME FOR THE REGULATION OF THE MARKETING OF MILK IN SCOTLAND UNDER THE AGRICULTURAL MARKETING ACT 1958

SCH-1.1

1. Title of Scheme and the regulated product

(1) This Scheme may be cited as the Scottish Milk Marketing Scheme 1989.

(2) The agricultural product the marketing of which is regulated by this Scheme is milk.

SCH-1.2

2. Interpretation

(1) In this Scheme, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“accounting period” means such period comprising twelve consecutive calendar months as shall be determined from time to time by the Board;

“the Act” means the Agricultural Marketin g Act 19583, as amended by any subsequent Act;

“buyer” means a person who buys raw milk in bulk from or through the agency of the Board;

“Chairman” means any Chairman duly appointed in accordance with section 7 of the Scheme;

“commercial activities” in relation to the Board means any activities carried out by the Board in exercise of their powers under paragraphs (a) and (b) of section 15 of the Scheme to produce commodities from milk, and to sell milk (other than raw milk in bulk) and commodities produced from milk, and such other of their powers under those paragraphs as are related thereto;

“cow” means a cow kept for dairy purposes whether dry or in milk, but does not include a heifer which has never calved;

“exempt producer” means a registered producer who is the holder of a certificate of exemption issued under subsection (12) or (15) of section 32 of this Scheme;

“General Meeting” means a duly convened meeting of registered producers;

“intervention price equivalent of milk” means the intervention price equivalent of milk calculated pursuant to regulation 5 of the Milk Marketing Boards (Special Conditions) Regulations 19814;

“milk” means cows' milk produced in the area of the Scheme;

“Minister” means the Secretary of State for Scotland;

“Premium milk” and “Standard milk” means milk of these designations being special designations the use of which is authorised by any order made by the Minister;

“producer” means a producer of milk;

“registered” means registered under the Scheme, and “registration” shall be construed accordingly;

“the Scheme” means the Scottish Milk Marketing Scheme 1989, and any amendment thereof;

“statutory poll” means a poll concerning the amendment or revocation of the Scheme, as the case may be.

(2) In this Scheme, unless the context otherwise requires, any reference to a numbered section is a reference to the section so numbered in the Scheme and any reference in a section to a numbered subsection is a reference to the subsection so numbered in that section.

SCH-1.3

3. Area of the Scheme

The Scheme shall apply to the Counties of Angus, Perth, Clackmannan, Kinross, Fife, Stirling, Dunbarton, Renfrew, Ayr, Bute, Wigtown, Kirkcudbright, Dumfries, Lanark, West Lothian, Mid Lothian, East Lothian, Berwick, Peebles, Selkirk, Roxburgh; the following Parishes in the County of Argyll-Lochgoilhead and Kilmorack, Strachur, Strathlachlan, Kilmodan, Dunoon and Kilmun, Inverchaolain, Kilfinan, Kilcaimonell, Saddell and Skipness, Killean and Kilchenzie, Campbeltown and Southend; and the Counties of the Cities of Edinburgh, Glasgow and Dundee. The Scheme shall apply to all burghs within the aforementioned counties and parishes.

SCH-1.4

4. Board to administer the Scheme

(1) The Board. The Scheme shall be administered by a Board which shall be a body corporate with a common seal.

(2) Composition of Board

(a)

(a) Subject to the provisions of subsection (2)(b) with regard to sitting members and of subsection (5) with regard to the filling of casual vacancies in the case of elected members, the Board shall consist of 8 members elected for the 8 sub-areas enumerated in the first column of Schedule (1) to the Scheme in accordance with subsection (4) and 2 members appointed by the Minister in accordance with section 2(1)(b) of the Second Schedule to the Act.

(b)

(b) The 8 members of the Board duly elected in accordance with the provisions of the Scottish Milk Marketing Scheme 1933 and serving immediately prior to 1st April 1982 (hereinafter referred to as “the sitting members”) shall be deemed to have been elected for the sub-areas shown opposite their respective names in the third column of Schedule (1) to the Scheme.

(c)

(c) Each year, one quarter of the elected members of the Board shall retire from office at 24.00 hours on the day of the Annual General Meeting, but subject to the provisions of subsection (3) shall be eligible for election or re-election. The members to retire shall consist of those who have been longest in office since their last election, and for this purpose service prior to 1st April 1982 shall count (including in the case of a sitting member elected to fill a casual vacancy the portion of the term of office of the member who caused that vacancy). Where it is necessary, in order to make up the number to retire, that one or more members should retire out of the number of those who have been in office for an equal period the member or members to retire shall be determined by the Board, or in default of determination by the Board, by lot.

(d)

(d) No member shall continue on the Board beyond the date of the next Annual General Meeting after reaching the age of 70, except that a sitting member of the Board as defined in subsection (2)(b) who reached the age of 70 before the end of his term of office current at 1st April 1982 shall not be required to retire from the Board until his normal retirement date determined in accordance with subsection (2)(c).

(3) Nomination of candidates

(a)

(a) Before each Annual General Meeting the Board shall publish, in such manner and with such additional information as the Board shall think fit, notice of any vacancy in the membership of the Board due to be filled at the Annual General Meeting (and in the case of an election in accordance with subsection (5) the unexpired portion of the term of office of the member causing the casual vacancy), the sub-area for which members are to be elected, the address at which the Board are prepared to receive nominations and the last date (hereinafter called “the closing date for nominations”) on which the Board are prepared to receive them; provided that the period between publication as aforesaid and the closing date for nominations shall not be less than 20 days.

(b)

(b) No person shall be nominated to represent a sub-area unless he has been duly nominated in accordance with the provisions of this subsection.

(c)

(c) A candidate for a sub-area shall be nominated in writing by at least 20 registered producers in the sub-area in which a vacancy has occurred but a candidate need not be resident in that sub-area. No person who has attained the age of 70 shall be eligible for nomination as a candidate.

(d)

(d) Forms of nomination for candidates for sub-areas shall be available on request from the Secretary of the Board and must be lodged at the Board’s Head Office by 17.00 hours on the closing date for nominations specified in the form.

(e)

(e) If, at the end of the 3rd day after the closing date for nominations, there is no duly nominated candidate for the vacancy, the Board shall nominate a candidate for that vacancy.

(4) Election of members. The following provisions shall have effect when an election of a member for a sub-area is required to be held:—

(a)

(a) at an election of a member for a sub-area all registered producers in the Board’s area shall be entitled to vote and each of them shall have one vote, except that each producer registered in the sub-area where the vacancy has occurred shall have one extra vote;

(b)

(b) subject to the provisions of subsection (4)(f) the Board shall, not later than the 35th day before the Annual General Meeting, send to every registered producer entitled to vote in the election a voting paper stating the names of the duly nominated candidates, in the case of an election under subsection (5) the...

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