text:
PART I
PRELIMINARY
Citation, extent and commencement
1
These Regulations may be cited as the North of Scotland Milk Marketing Board (Residual Functions) Regulations 1994, shall apply in Scotland and shall come into force on 1st November 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the Act” means the Agriculture Act 1993;
“the 1986 Act” means the Insolvency Act 1986( );
“approved scheme” means the approved scheme (within the meaning of section 24(1) of the Act) of the Board;
“the Board” means the North of Scotland Milk Marketing Board established under the marketing scheme;
“contributions” means contributions payable pursuant to section 25(2) of the marketing scheme;
“eligible producer” means any producer–
who produced and sold milk to the Board, or
by whom contributions were payable,
at any time during the period of 12 months ending on 31 March 1994;
“end year producer” means any producer who produced and sold milk to the Board in the final trading period or from whom contributions become due in respect of that period;
“final trading period” means the period commencing on 1st April 1994 and ending immediately before Vesting Day;
“general fund” means the fund established under regulation 17;
“Joint Committee” means the Committee established under section 23 of the marketing scheme;
“the marketing scheme” means the Scheme set out in the Schedule to the North of Scotland Milk Marketing Scheme (Approval) Order 1934( );
“preserved”, in relation to a specified provision of the marketing scheme, means subjected to section 14(3)(a) of the Act (which provides that, notwithstanding section 1(1) of the Act (which provides for the revocation of the marketing scheme on Vesting Day) the provision shall continue to have effect by virtue of these Regulations, subject to such modifications as may be specified in these Regulations);
“producers' price” has the meaning assigned to it in section 24(9) of the marketing scheme;
“register” has the meaning assigned to it in regulation 14(1);
“registered” means registered under these Regulations;
“retained” means retained by the Board following the transfer under section 11 of the Act;
“Vesting Day” means 1st November 1994 being the day on which under the approved scheme and in accordance with that scheme certain property, rights and liabilities of the Board are transferred to a successor body under section 11 of the Act.
2
Section 1(1) of the marketing scheme is preserved, subject to the modification that there shall be inserted at the end the words “, and applies to Scotland.”.
3
Section 2(1) of the marketing scheme in so far as it relates to the following expressions and definitions assigned to them is preserved:–
a
“buyer”;
b
“Minister”;
c
“producer”; and
d
“General Meeting”
and in these Regulations any reference to any one of these expressions has the meaning assigned to it in that scheme.
4
Section 2(1) of the marketing scheme in so far as it relates to the expressions “accounting period” and “commercial activities” is preserved, subject to the modification that–
a
in the definition “accounting period”–
i
before the words “such period” there shall be inserted the words “in the period prior to Vesting Day the final trading period and thereafter”; and
ii
the words “comprising twelve consecutive calendar months” shall be omitted;
b
in the definition “commercial activities”–
i
after the words “out by the Board” there shall be inserted the words “in the final trading period”; and
ii
for the word “Scheme” there shall be substituted the words “marketing scheme”
and in these Regulations any reference to any one of those expressions has the meaning assigned to it in that scheme as modified by this regulation.
5
At the end of section 2 of the marketing scheme there shall be inserted the following subsection:–
3
Other expressions used in this Scheme have, in so far as the context admits, the same meanings as in the North of Scotland Milk Marketing Board (Residual Functions) Regulations 1994 and those Regulations shall be read with this Scheme as if they and this Scheme formed a single instrument.
.
6
In these Regulations unless the context otherwise requires any reference to a numbered regulation shall be construed as a reference to that regulation so numbered in these Regulations.
Effect of provisions of the marketing scheme as preserved or continuing in force
3
1
The sections of the marketing scheme which–
a
are preserved; or
b
by virtue of section 13 of the Act continue in force subject to the provisions of Part VII of these Regulations,
shall in aggregate have effect as set out in the Schedule to these Regulations.
2
In the sections of the marketing scheme which are preserved for any reference to “the Scheme” there shall be substituted a reference to “this Scheme”, save where other express provision is made.
PART II
CONSTITUTION AND MEMBERSHIP OF THE BOARD
Restructuring of the Board’s functions
4
1
The Board shall immediately after the transfer under section 11 of the Act continue to exist until dissolved by order made under section 14(5) of the Act as a body corporate, with a common seal, called the North of Scotland Milk Marketing Board but with their functions confined to winding up their affairs, in accordance with and subject to Part VII of these Regulations, and in particular–
a
managing or otherwise dealing with the interests and rights in or in relation to property which are for the time being vested in them;
b
carrying on such other functions in relation to the assets and liabilities which are for the time being vested in them as are specified in Part V of these Regulations;
c
maintaining and preserving the Board’s minute books, accounting records and all other records and making appropriate arrangements for their final disposal;
d
carrying on the other functions conferred by these Regulations; and
e
undertaking any functions ancillary or incidental to the functions mentioned above,
in such a manner, having regard to the interests of registered producers, as they consider is best calculated to secure the purposes specified in paragraph (2) below.
2
The purposes mentioned in paragraph (1) above are that–
a
the Board’s assets are advantageously realised and the proceeds are applied in or towards discharging their liabilities and other functions under these Regulations;
b
while any particular asset of the Board remains unrealised, it is held and managed as advantageously as is consistent with its eventual realisation; and
c
the liabilities of the Board so far as not discharged in pursuance of sub-paragraph (a) above are discharged.
3
The Board 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 discharging any of their functions and may sell or otherwise dispose of any property acquired by them which they do not need for such purpose.
4
The Board shall not be regarded as acting on behalf of, and their property shall not be regarded as property of, or held on behalf of, the Crown and neither the Board nor their members nor the members of their staff shall be regarded as Crown servants.
Members of the Board
5
1
The Board shall consist of not more than five nor less than three members whom the Minister shall appoint.
2
The Minister shall designate one of the members appointed under this regulation as the chairman of the Board.
3
In appointing a person to be a member of the Board, the Minister shall have regard to the desirability of appointing–
a
persons who have experience of, and have shown capacity in, some matter relevant to the Board’s functions, and
b
(without prejudice to sub-paragraph (a) above) persons who are producers.
4
Subject to the following provisions of this regulation, a member of the Board shall hold and vacate office in accordance with the terms of his appointment specified in the instrument by which the Minister appoints him.
5
Any appointment of a person as a member of the Board shall be for a term not exceeding two years, but a person who ceases to be such a member at the end of the term shall be eligible for re-appointment.
6
A member of the Board may at any time by notice to the Minister resign his office.
7
The Minister may remove a member of the Board if he is satisfied that–
a
the member has been absent without the consent of the Board from two consecutive meetings of the Board;
b
the member has been sequestrated, has become bankrupt or has granted a trust deed in favour of his creditors or that he is otherwise apparently insolvent (within the meaning of the Bankruptcy (Scotland) Act 1985( );
c
the member is unable or unfit to carry out the functions of a member;
d
the member has not complied with the terms of his appointment; or
e
the member has been convicted of an indictable offence.
8
Section 4(7) of the marketing scheme is preserved, subject to the modification that–
a
after the figure “(7)” there shall be inserted the letter “(a)”;
b
for the last sentence there shall be substituted the following sentence:–
A member of the Board shall not, however, be precluded from voting on a question relating to–
i
the manner in which any milk which is the property of the Board is to be dealt with by reason only that he has sold milk to or through the Board; or
ii
any contract of insurance which the Board are empowered to effect under regulation 34 of the North of Scotland Milk Marketing Board (Residual Functions) Regulations 1994;
nor shall he be required to withdraw from a meeting of the Board at which such questions are being considered.
; and
c
there shall be added after subsection (7)(a) the following subsection:–
Deeds
b
i
All deeds and other writings to which the Board are a party shall be held to be validly executed on behalf of the Board by being sealed with the common seal of the Board and signed by two members of the Board or by one member of the Board and the Secretary, and such subscription on behalf of the Board shall be binding whether attested by witnesses or not.
ii
All deeds and other writings executed in any place out of Great Britain or Northern Ireland shall be validly executed by being signed by such persons as may be duly authorised by the Board.
iii
A document or proceedings requiring authentication by the Board may be signed by a member of the Board, Secretary or other person authorised by the Board, and need not be under the common seal of the Board.
.
Remuneration and expenses of Board members
6
1
The Board shall pay to the members of the Board such remuneration as may from time to time be determined by the Minister having regard to the functions to be discharged by the Board.
2
Section 4(10) of the marketing scheme is preserved, subject to the modification that–
a
after the words “their duties, to” there shall be inserted the words “payment of”; and
b
for the word “allowances” there shall be substituted the word “expenses”.
Meetings of the Board
7
Section 5(3)(a) of the marketing scheme is preserved, subject to the modification that there shall be inserted at the end “, and may appoint committees and may, subject to the provisions of this Scheme with respect to the application of the common seal of the Board, delegate any of their powers to any committee so appointed.”.
Proceedings of the Board
8
1
Subject to the provisions of these Regulations the Board may determine their own quorum and procedure and the quorum and procedure of any committee appointed by them.
2
In the case of an equality of votes at any meeting of the Board the chairman, if present, or the person who is the chairman of that meeting shall have a second or casting vote.
3
Section 5(5) of the marketing scheme is preserved, subject to the modification that there be inserted after the words “of the Board or the committee,” the words “or that a member of the Board had voted upon any question upon which he was not entitled to vote,”.
Minutes
9
Section 5(6) of the marketing scheme is preserved.
Chairman
10
Section 7 of the marketing scheme is preserved, subject to the modification that–
a
the first sentence and the words “, or in his absence the Vice-Chairman,” shall be omitted; and
b
for the words “If both are” there shall be substituted the words “If he is”.
Address and change of address of office
11
1
Section 8 of the marketing scheme is preserved, subject to the modification that for the words “the area of the Scheme” there shall be substituted “Scotland”.
2
Section 9 of the marketing scheme is preserved.
Staff
12
1
Section 10 of the marketing scheme is preserved, subject to the modification that–
a
for the word “shall”, where it first occurs, there shall be substituted the word “may”;
b
the words beginning with “, and shall determine their respective duties and remuneration.” to the end of the section shall be omitted; and
c
after the words “such other employees” there shall be inserted the words “and officers”.
2
The Board may by factory and commission or by power of attorney or otherwise–
a
appoint a person to be the agent of the Board;
b
delegate to that person any of their functions,
for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions.
3
The Board may–
a
pay such remuneration, pensions, allowances or gratuities to or in respect of any persons who have been or are their employees or officers as they may determine;
b
make such payments as they may determine towards provision for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons; and
c
provide and maintain, or participate in, such schemes as they may determine (whether contributory or not) for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons.
4
Any reference in paragraph (3) above to remuneration, pensions, allowances or gratuities to or in respect of such persons as are mentioned in that paragraph includes a reference to remuneration, pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s employees or officers who suffer loss of office or employment or loss or diminution of emoluments.
5
If any person–
a
on ceasing to hold any employment or office with the Board, becomes or continues to be one of their members, and
b
was, by reference to his employment or office with the Board, a participant in a pension scheme maintained by the Board for the benefit of any of their officers or employees,
the Board may make provision for him to continue to participate in that scheme, on such terms and conditions as they may determine, as if his service as a member were service as an officer or employee of the Board; and any such provision shall be without prejudice to regulation 6 above.
Auditor
13
Section 11 of the marketing scheme is preserved, subject to the modification that–
a
in subsection (1) the words “the Secretary of” shall be omitted;
b
in subsection (2) for the words “section 161 of the Companies Act 1948 and section 13 of the Companies Act 1976” there shall be substituted the words “section 389 of the Companies Act 1985”( ).
PART III
REGISTRATION OF PRODUCERS
Registration of producers and maintenance of register
14
1
The Board shall compile and thereafter maintain a register (in these Regulations referred to as “the register”) of the entry of every person who they have reasonable grounds to believe is an eligible producer or an end year producer, Part I of which shall consist of entries of eligible producers and Part II of which shall consist of entries of end year producers.
2
Any person whose entry does not appear in the register shall be entitled, on application to the Board and on demonstrating to their reasonable satisfaction that he is an eligible producer or an end year producer (as the case may be), to be entered on the register.
3
It shall be the duty of every registered producer to notify the Board of any changes to his registered entry.
4
The Board shall be entitled to assume that information provided to them for the purposes of paragraph (2) or (3) above is correct.
5
The Board may arrange for the register to be maintained on their behalf by a third party.
6
In this regulation–
“entry” means name and address.
15
1
Section 12(2) of the marketing scheme is preserved.
2
Section 12(3) of the marketing scheme is preserved, subject to the modification that–
a
for the words “deemed to be a producer” there shall be substituted the words “deemed to be a registered producer”; and
b
for the words “one month” there shall be substituted the words “three months”.
Inspection of register
16
Section 12(4) and (5) of the marketing scheme is preserved, subject to the modification that in section 12(4) at the beginning there shall be inserted the words “Within one month of Vesting Day the Board shall publish in such manner as they think fit a notice publicising the existence of the register and the place at, the hours during, and the days on which it may be inspected.”.
PART IV
FINANCIAL PROVISIONS
General fund
17
There shall be established a general fund which shall be administered and controlled by the Board. All moneys received by the Board shall be paid into the general fund and any moneys required by the Board for the discharge of their functions shall be paid out of that fund.
Information to be furnished by registered producers
18
Section 18 of the marketing scheme is preserved, subject to the modification that for the words “operation of the scheme” there shall be substituted the words “discharge of their functions”.
Expenses of collection of milk
19
Section 21(4) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered” there shall be inserted the words “end year”;
b
before the word “fund” there shall be inserted the word “general”; and
c
the words “established in terms of section 24(3) of the Scheme” shall be omitted.
Financial provisions and payment for milk
20
1
Section 24(5) of the marketing scheme is preserved, subject to the modification that–
a
after the words “rendered to him” there shall be inserted the words “in the final trading period”; and
b
after the word “registered” there shall be inserted the words “end year”.
2
Section 24(6) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered” there shall be inserted the words “end year”; and
b
after the words “sold by them” there shall be inserted the words “in the final trading period”.
3
Section 24(7) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered”, wherever occurring, there shall be inserted the words “end year”;
b
the figure “(4),” shall be omitted; and
c
the words “under section 25 of the Scheme” shall be omitted.
4
Section 24(9) of the marketing scheme is preserved, subject to the modification that–
a
for the words “in any accounting period” there shall be substituted the words “in the final trading period”;
b
the figure “(4)” shall be omitted;
c
the words “to provide reserves and” and the words “, or brought forward from a previous accounting period,” shall be omitted;
d
after the word “registered”, wherever occurring, there shall be inserted the words “end year”; and
e
before the word “fund” there shall be inserted the word “general”.
5
Section 24(9A) and (9B) of the marketing scheme is preserved, subject to the modification that–
a
in subsection (9A)–
i
the words “(a) sums set aside by the Board under subsection (8)(a) hereof and not deducted under subsection (9) hereof, and (b)” shall be omitted;
ii
for the words “that accounting”, wherever occurring, there shall be substituted the words “the final trading”;
iii
after the word “registered” there shall be inserted the words “end year”; and
iv
for the word “Scheme” there shall be substituted the words “marketing scheme”; and
b
in subsection (9B)–
i
after the word “registered” there shall be inserted the words “end year”; and
ii
for the words “pool price” there shall be substituted the words “producers' price”.
6
Section 24(10) of the marketing scheme is preserved, subject to the modification that–
a
after the words “obtain loans” there shall be inserted the words “or advances”; and
b
the words from “the Agricultural Marketing (Scotland) Fund” to “and other” shall be omitted;
c
before the word “persons” there shall be inserted the word “any”; and
d
after the words “from banks” there shall be inserted the words “or building societies”.
7
Section 24(11) of the marketing scheme is preserved, subject to the modification that–
a
after the words “credit of the” there shall be inserted the word “general”;
b
the words “or any reserve” shall be omitted;
c
after the words “in any bank” there shall be inserted the words “or building society”; and
d
for the words “, but, except” to the end of the subsection there shall be substituted the words “in such manner as they may determine.”
Sales in final trading period by retail, semi-retail and wholesale
21
Section 25(2)(a) and (b) and (3) of the marketing scheme is preserved, subject to the modification that–
a
in subsections (2) and (3) after the word “registered”, wherever occurring, there shall be inserted the words “end year”;
b
in subsection (2) after the words “production which he has sold”, “their own production sold by them” and “cost of advertising milk”, where they respectively occur, there shall be inserted the words “in the final trading period, or any part thereof,”;
c
in subsection (2)(a)–
i
after the word “producer” in the first line there shall be inserted the words “licensed by the Board to sell milk by retail, semi-retail or wholesale”;
ii
the words “from time to time” shall be omitted;
iii
for the words “an accounting period” there shall be substituted the words “that period”; and
iv
for the words “during that period” there shall be substituted the words “in the first accounting period after Vesting Day”;
d
in subsection (2)(b) the words “from time to time” and the words “referred to in section 23 of the Scheme” shall be omitted;
e
in subsection (3)(b) the words “from time to time” shall be omitted; and
f
in subsection (3)(c) the words “and from time to time,” shall be omitted.
Arbitration in cases where producers or buyers are aggrieved
22
1
Section 31 of the marketing scheme is preserved, subject to the modification that in subsection (1)–
a
after the words “omission of the Board” there shall be inserted the words “affecting the discharge of their functions under the North of Scotland Milk Marketing Board (Residual Functions) Regulations 1994 (and whether occurring before or on or after Vesting Day),”;
b
for the words “appointed by the Minister”, “apply to the Minister for the appointment of an arbiter.” and “by the Minister” where they respectively occur there shall be substituted the words “to be agreed upon by the producer and the Board and, failing agreement, to be appointed, on application being made to him by either party, by the sheriff principal of the sheriffdom in which the producer has his place, or principal place, of business”, “appoint the arbiter agreed upon or, on failure to agree upon an arbiter within fourteen days, each party or both parties may apply to the sheriff principal for the appointment to be made.” and “as aforesaid” respectively; and
c
after the words “If a person” and “new arbiter may be” respectively there shall be inserted the words “agreed upon or”.
2
Section 31 of the marketing scheme, as modified by paragraph (1) above, shall apply in the case of buyers as it applies in the case of producers.
Accounts
23
Section 35 of the marketing scheme is preserved, subject to the modification that–
a
in subsection (1)–
i
after the words “cause to be kept” there shall be inserted the words “, for every accounting period,”; and
ii
after the words “commercial activities” there shall be inserted the words “in the final trading period”;
b
in subsection (1A) after the words “commercial activities” there shall be inserted the words “in respect of the final trading period”;
c
in subsection (2)–
i
the words from “for the fund established” to “in respect of the Board’s commercial activities.” shall be omitted;
ii
after the words “Expenditure Account” there shall be inserted the words “and a Cash Flow Statement”; and
iii
after the words “commercial activities” there shall be inserted the words “in the final trading period”;
d
in subsection (3A) for the words “workings of the Scheme” there shall be substituted the words “workings of the marketing scheme and after Vesting Day for the discharge of their functions”; and
e
in subsection (5)–
i
for the words “the Board’s commercial activities” there shall be substituted the words “any of the Board’s activities”; and
ii
the words “sections 15A and 24(3) of the Scheme, of” shall be omitted.
PART V
FUNCTIONS OF THE BOARD
Functions
24
1
The functions mentioned in regulation 4(1)(b) are–
a
collecting sums owed in payment for milk supplied by the Board in the final trading period and sums owed in respect of other debts to the Board as they fall due;
b
making payments in accordance with section 24 of the marketing scheme, as modified by regulation 20, to registered end year producers and discharging other liabilities as they fall due;
c
disposing of assets by sale or other realisation of values;
d
collecting from registered end year producers sums owed by way of contributions in respect of the final trading period which become payable pursuant to section 25(2) of the marketing scheme, as modified by regulation 21;
e
where in the judgement of the Board it seems financially prudent so to do, making to each registered eligible producer an interim distribution of assets, in the manner specified in relation to the final distribution of assets in regulation 31(2)(a); and
f
collecting sums due from registered eligible producers in the exercise of any power conferred on the Board by order made under section 17(2) of the Act.
2
In discharging their liabilities as they fall due the Board shall have the power if they deem it necessary or expedient to remit the whole or any part of their liabilities by way of composition or arrangement with their creditors.
Prohibition on buying and selling milk
25
Nothing in these Regulations shall be construed as authorising the Board to engage in the business of buying and selling milk.
PART VI
MEETINGS OF REGISTERED PRODUCERS
Annual General Meeting
26
Section 36 of the marketing scheme is preserved, subject to the modification that for the words “shall determine.” there shall be substituted the words “think fit in each calendar year starting with 1995.”.
Special General Meetings
27
Section 37 of the marketing scheme is preserved, subject to the modification that for the word “thirty” there shall be substituted the word “ten”.
Notice of General Meetings
28
Section 38 of the marketing scheme is preserved.
Voting at General Meetings
29
Section 39 of the marketing scheme is preserved, subject to the modification that–
a
in subsection (1) the words “Subject to the provisions of subsection (3) of section 4 of the Scheme” shall be omitted;
b
in subsection (6), the words “of the County” shall be omitted, before the words “being a registered” there shall be inserted the words “in the District of ” and for the words “Scheme, 1934” there shall be substituted the words “Board (Residual Functions) Regulations 1994”.
Quorum at General Meetings
30
Section 40 of the marketing scheme is preserved, subject to the modification that for the word “seventeen” there shall be substituted the word “five”.
PART VII
FINAL WINDING UP OF THE BOARD
Winding up by the Board
31
1
Subject to paragraph (3) below, this regulation applies where–
a
all requisite payments to registered end year producers have been made in accordance with regulation 24(1)(b);
b
the Board are satisfied that–
i
all their assets have been gathered in and realised; and
ii
all their liabilities and functions under these Regulations (other than those specified in this Part) have been discharged; and
c
there is a surplus in the general fund.
2
Where this regulation applies the Board shall–
a
make to each registered eligible producer a final distribution of assets in proportion to the number of litres of milk produced and sold by him to the Board, or on which contributions were payable, in the period of 12 months ending on 31 March 1994;
b
prepare final accounts in accordance with section 35 of the marketing scheme, as modified by regulation 23, and submit those accounts when audited to–
i
the Minister; and
ii
registered producers, along with a notice calling a Special General Meeting at which the accounts are to be submitted; and
c
having had regard to any views expressed by the registered producers at that Special General Meeting, notify the Minister for the purpose of section 14(5) of the Act that the Board have wound up their affairs.
3
The winding up of the Board under this regulation does not bar the right of any creditor or registered eligible producer (being a contributory for the purposes of section 124 of the 1986 Act( )) to have the Board wound up by the court under regulation 32; but in the case of a registered eligible producer the court must be satisfied that the rights of registered eligible producers will be prejudiced if the Board are permitted to wind up their affairs under this regulation.
Winding up under the 1986 Act
32
1
Section 43 of the marketing scheme (which by virtue of section 13 of the Act but subject to these Regulations continues in force notwithstanding the revocation of the marketing scheme on Vesting Day) shall be amended in accordance with this regulation.
2
In section 43(1)–
a
for the words “Part IX of the Companies Act, 1948” there shall be substituted the words “Part V of the 1986 Act”;
b
the words “and replaces Part X of the Companies Act, 1929” shall be omitted; and
c
for the words “paragraphs 4 to 6 inclusive of the Second Schedule to the Act” there shall be substituted the words “section 47A of this Scheme”.
3
In section 43(2)–
a
for the words from the beginning to “each contributor” there shall be substituted the words “For the purposes of section 226 of the 1986 Act, and notwithstanding any exercise of the powers conferred on the Board and the Minister by section 17 of the Act, every registered eligible producer shall be liable to contribute to the payment of the debts and liabilities of the Board and to the costs and expenses of the winding up”;
b
after the words “sold by him” there shall be inserted the words “to the Board, or on which contributions were payable,”;
c
the word “relevant”, where it first occurs, shall be omitted;
d
after the word “period”, where it first oc curs, there shall be inserted the words “of 12 months ending on 31 March 1994”;
e
for the words “and shall” there shall be substituted the words “, but such liability, taking account of any contributions made pursuant to section 17 of the Act, shall”; and
f
the words from “, but declaring” to “shall not exceed 5 pence” shall be omitted.
4
In section 43(3)–
a
after the word “registered”, where it first occurs, there shall be inserted the word “eligible”;
b
the words from “Provided” to the end shall be omitted.
5
At the end of section 43 of the marketing scheme there shall be inserted the following section:–
43A
1
For the purposes of sections 221, 222 and 224 of the 1986 Act, the principal place of business of the Board shall be deemed to be the office of the Board the address of which has been notified to the Minister under section 8 of this Scheme.
2
Section 221 of the 1986 Act shall apply in relation to the Board as if paragraph (a) of subsection (5) of that section were omitted.
3
Section 223 of the 1986 Act shall not apply in relation to the Board.
4
Section 224 of the 1986 Act shall apply in relation to the Board as if the words “or any member of it as such” were omitted.
5
A petition for winding up of the Board may be presented by the Minister as well as any person authorised by section 124(1) of the 1986 Act (as applied in relation to the Board by section 221(1) of that Act) to present a petition for winding up of the Board.
6
Sections 204 and 205 of the 1986 Act shall not apply in relation to the Board, but the dissolution of the Board after winding up under the 1986 Act shall proceed in accordance with section 14(5) of the Act.
.
PART VIII
MISCELLANEOUS
Proof of posting
33
Section 46 of the marketing scheme is preserved, subject to the modification that the words “(other than that contained in subsection (2) of section 30 of the Scheme)” shall be omitted.
Indemnity
34
1
Subject to paragraph (2) below, every member or officer or auditor of the Board shall be indemnified out of the assets of the Board and against–
a
any action, cost, charge, loss, damage and expense which he may incur; and
b
any liability which by virtue of any rule of law or equity would otherwise attach to him,
by reason of, or in connection with, any act done, incurred in, or omitted in or about the execution of his duty in relation to the affairs of the Board.
2
Paragraph (1) above shall not apply where–
a
the Board has purchased and maintains for any such member, officer or auditor insurance against any such action, cost, charge, loss, damage, expense or liability; or
b
such action, cost, charge, loss, damage, expense or liability has arisen from or been contributed to by any dishonest, fraudulent or wilfully negligent act or omission of such member, officer or auditor.
James Douglas-Hamilton
Parliamentary Under Secretary of State,
Scottish Office
5th October 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Groups including Grant-maintained Special Schools) Regulations 1994 and shall come into force on 8th April 1994.
2
“The 1993 Act” in these Regulations means the Education Act 1993.
Modification of Chapter IX of Part II of the 1993 Act
3
For the purposes referred to in section 187(1) of the 1993 Act Chapter IX of Part II of that Act is modified as follows:
a
references to grant-maintained schools shall be read so as to includegrant-maintained special schools and references to grant-maintained status shall be construed accordingly;
b
in section 126 the references to section 84(1) and to section 90(1) shall, in relation to a grant-maintained special school, be to those sections as modified by any regulations made under paragraph 14 of Schedule 11 to the 1993 Act ;
c
the requirements in section 127(2)(a) and (b) shall not apply in relation to a maintained special school established in a hospital.
John Patten
Secretary of State for Education
15th March 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Gateshead Borough Council) Order 1994 and shall come into force on 23rd November 1994.
Exemption of catering for purposes of schools and welfare
2
Catering for purposes of schools and welfare by the Gateshead Borough Council shall not be treated as a defined activity so long as it is undertaken in their area before 1st January 1995.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
25th October 1994


text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1994 and shall come into force on 24th March 1994.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
1
Regulation 3 shall be amended as follows.
2
In the Table in paragraph (2) —
a
in the definitions of “maximum permitted axle weight”, “maximum gross weight” and “maximum total design axle weight”, for the words “Schedule 10” there shall be substituted the words “Schedule 10 or 10B” and for the words “Schedule 10A” there shall be substituted the words “Schedule 10A or 10C”;
b
in the definition of “Ministry plate” for the words “Schedule 10 and Schedule 10A” there shall be substituted the words “Schedule 10, 10A, 10B or 10C”; and
c
after the definition of “the Community Recording Equipment Regulation” there shall be inserted the following definition —
combined transport operation shall be construed in accordance with paragraph 9 of Schedule 11A.
3
In paragraph (10), for “Schedule 11” there shall be substituted “Schedules 11 and 11A”.
Amendments to regulation 9 (height)
4
1
Regulation 9 shall be amended as follows.
2
In paragraph (2)(b), for “32,520kg” there shall be substituted “35,000kg”.
3
After paragraph (2), there shall be inserted the following paragraph —
2A
Save as provided by paragraph (3), no person shall use or cause or permit to be used on a road a motor vehicle drawing a trailer (other than a semi– trailer) if —
a
any part of the structure of any of the vehicles in the combination is more than 4.2m from the ground when the vehicles are on level ground; and
b
the total laden weight of the vehicles in the combination exceeds 35,000kg.
.
4
In paragraph (3) for the words “paragraph (2)” in both places where they occur, there shall be substituted the words “paragraphs (2) and (2A)”.
Amendments to regulation 36B (speed limiters)
5
In regulation 36B(16), for the words “Schedule 10” there shall be substituted the words “Schedule 10 or 10B” and for the words “Schedule 10A” there shall be substituted the words “Schedule 10A or 10C”.
Amendments to regulation 71 (marking of weights of certain vehicles)
6
In regulation 71(1)(c), for the words “a heavy motor car” there shall be substituted the words “a bus” and the words from “if” to “plate” shall be omitted.
Amendments to regulation 76 (maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle)
7
1
Regulation 76 shall be amended as follows.
2
After paragraph (1), there shall be inserted the following paragraph —
1A
This regulation is subject to Schedule 11A (exemptions relating to combined transport operations).
.
3
For items 1, 1A and 1B in the Table there shall be substituted the following items —
1
A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car (not being in any case an agricultural motor vehicle), where —
the combination has a total of 4 axles and is being used for international transport; and
the drawing vehicle is a vehicle which was first used on or after 1st April 1973 and complies with the relevant braking requirement
35,000 1A
A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 4 axles and the following conditions are satisfied in relation to the drawing vehicle, namely —
it was first used on or after 1st April 1973;
it complies with the relevant braking requirement;
every driving axle not being a steering axle is fitted with twin tyres; and
every driving axle is fitted with road friendly suspension
35,000 1AA
A wheeled trailer which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where the combination has a total of 5 or more axles and the following conditions are satisfied in relation to the drawing vehicle, namely —
it was first used on or after 1st April 1973;
it complies with the relevant braking requirement;
every driving axle not being a steering axle is fitted with twin tyres; and
either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 8,500kg
38,000 1B
A wheeled trailer, not being part of a combination described in items 1, 1A or 1AA which is drawn by a wheeled motor tractor, heavy motor car or motor car (not being in any case an agricultural motor vehicle), where —
the trailer is fitted with power–assisted brakes which can be operated by the driver of the drawing vehicle and are not rendered ineffective by the non– rotation of its engine; and
the drawing vehicle is equipped with a warning device so placed as to be readily visible to the driver of the vehicle and which is capable of indicating any impending failure of, or deficiency in, the vacuum or pressure system
32,520
4
In item 3 of the Table, after “1A,” there shall be inserted “1AA,”.
Amendments to regulation 77 (maximum permitted laden weight of articulated vehicles)
8
1
Regulation 77 shall be amended as follows.
2
After paragraph (2) there shall be inserted the following paragraph —
2A
This regulation is subject to Schedule 11A (exemptions relating to combined transport operations).
.
3
In paragraph (a) of column 3 of item 1 in the Table, the word “provided” to the words “those items” shall be omitted.
Amendments to regulation 80 (over–riding weight restrictions)
9
1
Regulation 80 shall be amended as follows.
2
In paragraph (1), for the words “paragraph (2)” there shall be substituted the words “paragraph (2), (2A), (2B) and (2C)”.
3
After paragraph (2), there shall be inserted the following paragraphs —
2A
Paragraph (1) shall not apply to a vehicle for which a plating certificate has been issued in the form set out in Schedule 10A or 10C where —
a
the vehicle is being used for international transport; and
b
none of the weights shown in column (3) of the plating certificate is exceeded.
2B
Where both a train weight and a maximum train weight are shown in column (2) of a plating certificate issued for a motor vehicle, paragraph (1)(b) in so far as it relates to train weights shall not apply to the motor vehicle if —
a
the motor vehicle is a wheeled heavy motor car drawing a wheeled trailer and the requirements set out in Part II of Schedule 11A are for the time being fulfilled; or
b
the motor vehicle is comprised in an articulated vehicle and the requirements set out in Part III of Schedule 11A are for the time being fulfilled,
and the train weight of the motor vehicle does not exceed the maximum train weight shown in column (2) of the certificate.
New Schedules 10B and 10C (Ministry plates)
10
After Schedule 10A, there shall be inserted the Schedules set out in Schedules 1 and 2 to these Regulations.
Amendments to Schedule 11 (maximum permitted weight, etc. )
11
1
Schedule 11 shall be amended as follows.
2
Column 4 of Part III shall be omitted.
3
For the entry in column 2 of item 4 of Part IV, there shall be substituted the following entry —
“Motor vehicle and semi–trailer having a total of 4 or more axles and not described in item 1, 2 or 3.”.
New Schedule 11A (exemptions relating to combined transport operations)
12
After Schedule 11, there shall be inserted the Schedule set out in Schedule 3 to these Regulations.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State
Department of Transport
24th February 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Haringey) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Haringey except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Haringey as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Haringey) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Haringey as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
1
This Order may be cited as the Income Tax (Cash Equivalents of Car Fuel Benefits) Order 1994 and shall come into force on 6th April 1995.
2
In section 158 of the Income and Corporation Taxes Act 1988 (car fuel) for the Tables in subsection (2) (tables of cash equivalents) there shall be substituted —
“TABLE A
Cylinder capacity of car in cubic centimetres Cash equivalent
1,400 or less £670 More than 1,400 but not more than 2,000 £850 More than 2,000 £1,260
TABLE AB
Cylinder capacity of car in cubic centimetres Cash equivalent
2,000 or less £605 More than 2,000 £780
TABLE B
Description of car Cash equivalent
Any car £1,260”.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Leased Lines) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.
Interpretation
2
In these Regulations —
a
‘the principal Regulations’ means the Telecommunications (Leased Lines) Regulations 1993 ; and
b
words or expressions used in these Regulations have, unless the context otherwise requires, the meaning which they bear in the principal Regulations.
Extension of principal Regulations in respect of European Economic Area
3
1
This regulation shall have effect for the purposes of extending the principal Regulations in respect of their application in respect of private circuits the network termination points of which are both or all situated within the European Economic Area .
2
The principal Regulations are hereby amended as follows —
a
in regulation 2 —
i
the definition of “the Community” shall be deleted;
ii
after the definition of “the Directive” there shall be inserted the following definition —
“the EEA ” means the European Economic Area, and an “EEA State” means a State which is a Contracting Party to the EEA Agreement, but
until the EEA Agreement comes into force in relation to Liechtenstein —
the EEA shall not include Liechtenstein; and
Liechtenstein shall not be taken to be an EEA State; and
for the purposes of the definition of “EEA State”, the Åland Islands (being not part of the EEA) shall not be taken to be part of Finland,
and in this definition, “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
; and
b
throughout the Regulations —
i
for a reference to “the Community” (including such a reference in the term “intra-Community”) there shall on each occasion that it occurs be substituted a reference to the EEA; and
ii
for a reference to “member State” (save in the reference to Council Directive 91/263/ EEC in paragraph E of Schedule 1) there shall on each occasion that it occurs be substituted a reference to “EEA State”.
3
In the modifications to the BT licence, the Hull licence and the Mercury licence made by regulations 4, 5 and 6 respectively of the principal Regulations, for a reference to the “European Economic Community” there shall on each occasion that it occurs be substituted a reference to the “European Economic Area”, and the modifications made by this paragraph shall have effect as if they were made under section 12 of the 1984 Act by the Director.
Amendment of the minimum set of private circuits
4
For Schedule 2 to the principal Regulations, there shall be substituted the Schedule set out in the Schedule to these Regulations.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
31st August 1994


text:
1
This Order may be cited as the Epsom School of Art and Design (Dissolution) Order 1994 and shall come into force on 1st August 1994.
2
On 1st August 1994 the School shall be dissolved and all of its property, rights and liabilities shall be transferred to the College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the School immediately before 1st August 1994 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1994;
c
to the transferor were to the School; and
d
to the corporation were to the College.
Tim Boswell
Parliamentary Under Secretary of State
Department for Education
5th July 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Religious Education (Meetings of Local Conferences and Councils) Regulations 1994 and shall come into force on 1st September 1994.
2
In these Regulations —
“authority” means the local education authority;
“conference” means a conference constituted in accordance with the provisions of the Fifth Schedule to the Education Act 1944 ;
“council” means a standing advisory council constituted under section 11 of the Education Reform Act 1988 ;
“meeting” means a meeting of a conference or of a council, as the case may be.
Application of Regulations
2
The provisions of these Regulations apply to the committees, sub-committees and representative groups referred to in paragraphs (a) to (c) of section 258(3) of the Education Act 1993 as they apply to conferences and councils.
Meetings to be held in public
3
1
Subject to paragraph (2) below and regulation 9 below, —
a
a meeting shall be open to members of the public; and
b
while a meeting is open to members of the public the conference or the council shall not have power to exclude from the meeting members of the public or duly accredited representatives of news media attending the meeting for the purpose of reporting the proceedings.
2
For the purpose of suppressing or preventing disorderly conduct or other misbehaviour at a meeting the conference or the council shall have power to exclude any person from a meeting.
Notice of meetings
4
Public notice of the time and place of a meeting shall be given by posting it at the offices of the authority which has convened the conference or established the council (as the case may be) three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened.
Inspection of agendas and reports for meetings before and during meetings
5
1
Copies of the agenda for a meeting and, subject to paragraph (5) below, copies of any report for the meeting shall be available for inspection by members of the public at the offices of the authority in accordance with paragraph (3) below.
2
Any document which is required by paragraph (1) above to be available for inspection shall be so available at least three clear days before the meeting, except that —
a
where the meeting is convened at shorter notice, any such documents shall be available for inspection from the time the meeting is convened; and
b
where an item is added to an agenda copies of which are available for inspection, copies of the item (or of the revised agenda) and the copies of any report for the meeting relating to the item shall be available for inspection from the time the item is added to the agenda,
but nothing in this paragraph requires any such copy to be available for inspection until copies are available to members of the conference or council.
3
An item of business may not be considered at a meeting unless either —
a
a copy of the agenda including the item (or a copy of the item) has been available for inspection from the time required by paragraph (2) above; or
b
by reason of special circumstances (which shall be specified in the minutes) the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
4
Where a meeting is required to be open to members of the public during the proceedings or any part of them, there shall be made available for use by members of the public present at the meeting a reasonable number of copies of the agenda and, subject to paragraph (5) below, of the reports for the meeting.
5
If the chairman of the conference or of the council (as the case may be) thinks fit, there may be excluded from the copies of reports made available in pursuance of paragraph (1) or paragraph (4) above the whole of any report which, or any part of which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public; and, accordingly, where the whole or any part of a report is not to be available for inspection, every copy of the report (or of the part) shall be marked “Not for publication”.
Provision of copies of agendas and reports for meetings
6
1
Copies of the agenda for a meeting and copies of any report for a meeting shall be provided to members of the public on payment of such fee as the conference or the council (as the case may be) think fit (not exceeding the cost of supply) and paragraphs (2), (4) and (5) of regulation 5 above shall have effect in relation to the provision of copies of agendas and reports as they have effect in relation to the inspection of them.
2
In relation to any document this regulation has effect during the period beginning with the date ascertained under regulation 5(2) above and ending with the expiration of six years beginning with the date of the meeting to which it relates.
Inspection of agendas and reports for meetings after meetings
7
1
After a meeting the following documents shall be available for inspection by members of the public at the offices of the authority until the expiration of six years beginning with the date of the meeting, namely, —
a
a copy of the agenda for the meeting;
b
a copy of so much of any report for the meeting as relates to any item during which the meeting was open to members of the public; and
c
a copy of so much of the minutes of the meeting as relates to any such item.
Copying of documents
8
1
The right to inspect any document under any provision of these Regulations includes the right to make copies of, or take extracts from, any such document.
2
Nothing in these Regulations requires or authorises the doing of any act which infringes the copyright in any work.
3
Where the owner of the copyright is the conference or council, nothing permitted or authorised by these Regulations shall infringe that copyright.
Confidentiality
9
1
Nothing in these Regulations shall be taken to authorise or require the disclosure of confidential information.
2
The public may be excluded from a meeting during an item of business whenever it is likely that, if members of the public were present, confidential information would be disclosed.
3
In this regulation “confidential information” means —
a
any information furnished to the conference or the council (or to any committee, sub-committee or representative group referred to in paragraphs (a) to (c) of section 258(3) of the Education Act 1993 ) by a government department or public authority or body upon terms (however expressed) which forbid the disclosure of the information to the public;
b
information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;
c
information relating to any person which it appears to the conference or the council ought not to be disclosed to the public;
d
information relating to any legal advice sought or received by the conference or the council,
and in this paragraph “information” includes any expression of opinion, any recommendation and any decision taken.
Privilege against defamation
10
Where, in accordance with these Regulations, —
a
any document is made available for inspection by members of the public;
b
any copy of a document is provided by a conference or council; or
c
any copy of a document is made by a member of the public in accordance with regulation 8(1) above,
the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to have been made with malice.
John Patten
Secretary of State for Education
9th May 1994
John Redwood
Secretary of State for Wales
12th May 1994


text:
1
This Order may be cited as the Telecommunications Industry (Rateable Values) (Amendment) Order 1994 and shall come into force on 1st April 1994.
2
The Telecommunications Industry (Rateable Values) Order 1989 shall be amended, in article 5(3, in the definitions of k and K, by the substitution, for “or, as the case may be,” of “and”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
22nd March 1994
John Redwood
Secretary of State for Wales
23rd March 1994


text:
Title and commencement
1
These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas (Amendment) Regulations 1994 and shall come into force on 15th November 1994.
Amendments to the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993
2
1
The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 shall be amended in accordance with the following paragraphs of this regulation.
2
The following definition shall be inserted after the definitions of “lease” and “lessor” in regulation 2(1)–
“marketing year” means a marketing year as defined in Article 3(3) of Council Regulation ( EEC ) No. 3013/89 ;
.
3
In regulation 5 (transfer or lease of quota: notification)–
a
delete the existing text of paragraph (2) and substitute instead–
For a transfer or lease of quota for sheep annual premium the deadline for notification shall be–
if the producer receiving the quota under the transfer or lease lodges his premium application by the end of the period specified in regulation 3(2)(b) of the Sheep Annual Premium Regulations 1992 for delivering such applications in respect of any marketing year, the date of lodgement of that application; or
if no such application is lodged by that time by such a producer, the end of the period so specified.
;
b
delete the existing text of paragraph (3) and substitute instead–
For a transfer or lease of quota for suckler cow premium the deadline for notification shall be–
if the producer receiving the quota under the transfer or lease lodges his premium application by the end of the period specified in regulation 3(1) of the Suckler Cow Premium Regulations 1993 for submitting such applications in respect of any calendar year, the date of lodgement of that application; or
if no such application is lodged by that time by such a producer, the end of the period so specified.
; and
c
in paragraph (5)–
i
before “the Minister” insert “, 1994 or 1995”,
ii
before “marketing year” insert “or 1994”, and
iii
before “in the case of suckler cow premium” insert “or 1994”.
4
In regulation 7 (transfer of quota with holding)–
a
in paragraph (1) delete the phrase “, subject to paragraph (3) of this regulation,”;
b
in paragraph (2) delete the words following “before the” to the end and substitute instead “next deadline for notification”; and
c
delete paragraph (3).
5
In regulation 10 (leases in connection with environmental programmes), delete “shall not be subject to” and substitute instead “shall, to the extent which may be permitted under Article 7(4) of Commission Regulation 3567/92 as amended or, as the case may be, Article 34(3) of Commission Regulation 3886/92 as amended , be exempted from”.
6
In regulation 14(2)(f) (quota register) before the words “broken down” insert “which for the marketing years 1993 and 1994 shall be”.
7
In Schedule 2, Part II, Category III , Group (a), paragraph (a) (reversion to livestock from arable farming) delete the words following “by virtue of his” to the end. Substitute instead
–
i
taking the action referred to in category 4,
ii
undertaking to comply with the requirements of a Nitrate Sensitive Area Scheme established under the Nitrate Sensitive Area Regulations 1994 ,
iii
undertaking to comply with the management obligations of a Habitat Scheme established under the Habitat (Water Fringe) Regulations 1994 , or
iv
participating in a development project or scheme established under section 5 of the Natural Heritage (Scotland) Act 1991 ; or
.
8
In Schedule 2, Part II, Category V (organic farming)–
a
in paragraph (a) delete the words “taking the action referred to in category 5” and substitute instead “following a plan approved under the Community aid scheme for organic agriculture established by Council Regulation (EEC) No. 2078/92 as implemented in the United Kingdom by the Organic Farming (Aid) Regulations 1994 ”, and
b
in paragraph (b) delete the words “taking the action referred to in category 5” and substitute instead “following a plan approved under the Community aid scheme for organic agriculture established by Council Regulation (EEC) No. 2078/92 as implemented in the United Kingdom by the Organic Farming (Aid) Regulations 1994”.
9
In Schedule 3, paragraph 9(a) (allocation of quota to successful category 4 or category III, group (a), applicants), before the words “by the Minister” insert “or has undertaken to comply with the requirements of a Nitrate Sensitive Area Scheme established under the Nitrate Sensitive Areas Regulations 1994, or has undertaken to comply with the management obligations of a Habitat Scheme established under the Habitat (Water Fringe) Regulations 1994,”.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
11th November 1994
Fraser of Carmyllie
Minister of State, Scottish Office
14th November 1994