Statutory Instrument 1994 No. 2900 (S.146)

The Milk Marketing Schemes (Certification of Revocation) (Scotland) Order 1994

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© Crown Copyright 1994

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1994 No. 2900 (S.146)

AGRICULTURE

The Milk Marketing Schemes (Certification of Revocation) (Scotland) Order 1994

The Secretary of State, in exercise of the powers conferred on him by section 1(5) of the Agriculture Act 1993^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Title and extent
    1.    This Order may be cited as the Milk Marketing Schemes (Certification of Revocation) (Scotland) Order 1994 and applies in Scotland.

Interpretation
    2.—(1)  In this Order-
"the Act" means the Agriculture Act 1993;
"the Board" means the respective Milk Marketing Board administering the relevant Scheme referred to in article 3(b) below.


    (2)  In this Order any reference to a numbered section shall be construed as a reference to the section so numbered in the Act.

Certification of Revocation
    3.    It is hereby certified that-
 (a) property, rights and liabilities of the Board were transferred under section 11 -(statutory transfer on vesting day under approved scheme of reorganisation), and
 (b) in pursuance of section 1(4), section 1(1) (which, subject to section 13 and any provision of regulations made under section 14(2) and (3)(a) of the Act, revokes each milk marketing scheme referred to in section 1(1)) came into force in relation to the North of Scotland Milk Marketing Scheme 1934^[2], the Aberdeen and District Milk Marketing Scheme 1984^[3] and the Scottish Milk Marketing Scheme 1989^[4],
on 1st November 1994.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office
New St Andrew's House, Edinburgh

9th November 1994

This Order, which applies in Scotland, certifies the revocation of the three Scottish Milk Marketing Schemes on 1st November 1994, subject to the saving specified below.

The Agriculture Act 1993, section 1(1), revokes the Milk Marketing Schemes. The date for revocation (1st April 1994 under section 1(2)(a)) was postponed to 1st January 1995 by the Milk Marketing Schemes (Substitution of Date of Revocation) (Scotland) Order 1994 (S.I. 1994/685). However, by virtue of section 1(4) of the Act, on the transfer under section 11 of property, rights or liabilities of the three Scottish Milk Marketing Boards revocations on the transfer date follow as an automatic consequence. The transfer took place on 1st November 1994.

Revocation of the three Scottish Schemes is, by virtue of sections 13 and 14 of the Act, made subject to a saving in respect of winding up provisions of the Schemes and other provisions preserved by regulations. Those provisions are set out in the Schedules to the North of Scotland Milk Marketing Board (Residual Functions) Regulations 1994 (S.I. 1994/2590), the Aberdeen and District Milk Marketing Board (Residual Functions) Regulations 1994 (S.I. 1994/2589) and the Scottish Milk Marketing Board (Residual Functions) Regulations 1994 (S.I. 1994/2591).

[1] 1993 c. 37; section 24(2) contains a definition of "the appropriate authority". back

[2] S.R. & O. 1934/703, as amended by S.I. 1950/2058, 1957/2025, 1961/549, 1978/583, 1979/319, 1981/447 and 864, 1982/970, 1988/182, 1991/1735 and 1992/3142. back

[3] S.I. 1984/464, as amended by S.I. 1987/740, 1988/182, 1991/1735 and 1992/3142. back

[4] S.I. 1989/1806, as amended by S.I. 1991/1735 and 1992/3142. back