Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

JurisdictionUK Non-devolved
CitationSI 1989/1806

1989No. 1806 (S.133)

AGRICULTURE

The Scottish Milk Marketing Scheme (Consolidation) Approval

Order 1989

28thSeptember1989

25thOctober1989

Whereas the Secretary of State has considered it appropriate to prepare a consolidation of the Scottish Milk Marketing Scheme 1933 ( a) as 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 1958 ( b) and of all other powers enabling him in that behalf, he hereby makes the following Order:

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.

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.

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

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

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

St. Andrew's House, Edinburgh

Minister of State,

28th September 1989

Scottish Office

(a) S.R. & O.1933/479, amended by S.R. & O. 1934/645, 1935/691, 1246, 1937/624; S.I. 1950/2057, 1956/650, 1965/644, 2193, 1968/391, 1978/583, 1979/319, 1981/445, 864, 1982/616, 1988/182.

(b) 1958 c. 47; section 52(1) contains a definition of "the Minister" relevant to the exercise of the statutory powers under which this Order is made; paragraph 5A of Schedule 1 was inserted by the Agriculture Act 1986 (c. 49), section 11.

Article 2

SCHEDULE 1

THE SCOTTISH MILK MARKETING SCHEME 1989

INDEX

Section

1. Title of Scheme and the regulated product

2. Interpretation

3. Area of the Scheme

4. Board to administer the Scheme

5. Meetings of the Board

6. Title of the Board

7. Chairman and Vice-Chairman

8. Address of Office

9. Change of address of Office

10. Staff

11. Auditor

12. Registration of producers

13. Exemption from registration

14. Penalty for furnishing false information

15. Provisions for the purchase and sale of milk, the production of commodities therefrom, and for other matters

16. Financial management and administration of commercial activities

17. Prohibition of the sale except to or through the Board and the Board's obligation to accept milk

18. Prohibition of sale by unregistered producers not exempted

19. Information to be furnished by registered producers

20. Conditions of sale of milk

21. Notification of certain matters to the Minister

22. Haulage

23. Milk containers

24. Negotiation with buyers' representatives

25. Consultation with haulage contractors

26. Financial provisions and payment for milk

27. Sales by retail, semi-retail and wholesale

28. Contributions by exempt producers

29. Sale of Premium milk in retail containers otherwise than by retail or semi-retail

30. Liability of the Board for bad debts 31. Hospitals, mental hospitals and other such institutions which are registered producers - partial exemption

32. Exemptions

33. Power of inspection of lands and premises of registered producers

34. Penalties for contravention of the provisions of the Scheme or of determinations of the Board; the Disciplinary Committee

35. Arbitration in cases where producers are aggrieved

36. Statutory polls

37. Polls taken in accordance with section 41A of the Act

38. Corrupt and illegal practices at statutory polls and penalties therefor

39. Accounts

40. Annual General Meeting

41. Special General Meetings

42. Notice of General Meetings

43. Voting at General Meetings

44. Quorum at General Meetings

45. Amendment of the Scheme

46. Revocation of the Scheme

47. Winding-up of the Board

48. The common seal

49. Deeds

50. Proof of posting

51. Reprinting of Scheme

SCHEDULE

(1) Members of Board(2) Form of Voting Paper for Statutory Polls under section 36(3) Form of Voting Paper for EEC Polls under section 37(4) Form of Proxy

SCHEME FOR THE REGULATION OF THE MARKETING OF MILK IN SCOTLANDUNDER THE AGRICULTURAL MARKETING ACT 1958

Title of Scheme and the regulated product

1.-(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.

Interpretation

2.-(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 1958 ( a), 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 1981 ( b);

"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.

Area of the Scheme

3. 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.

Board to administer the Scheme

4.-(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) 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.

(a) 1958 c.47.

(b) S.I. 1981/322.

(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) 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) 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) 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...

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