The Milk Development Council (Amendment) Order 2004

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Milk Development Council (Amendment) Order 2004, ISBN 0110490649. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

     4. For article 8 (returns and information) there shall be substituted the following article - 

" Returns and information
     8.  - (1) Subject to paragraph (4), the Council may require any registered producer to furnish such returns and information relating to activities carried out as part of his business and comprised in the industry as appear to the Council to be required for the exercise of any of their functions.

    (2) Paragraph (3) applies where the Council, pursuant to paragraph (1), requires any Case B producer to make a return to the Council for any production year within one month after the end of that production year.

    (3) Where a Case B producer fails to make a return within the period mentioned in paragraph (2), the following procedure shall apply - 


(a) the Council shall make an estimate of the producer's milk production in the relevant production year by reference to information which is available to the Council concerning the extent of that production;

(b) where such information is not available to the Council, they shall make an estimate of the extent of the producer's milk production by reference to the quota registered in his name on 31st March in the production year pursuant to the Dairy Produce Quotas Regulations 2002[5], the Dairy Produce Quotas (Wales) Regulations 2002[6] or the Dairy Produce Quotas (Scotland) Regulations 2002[7], and any other relevant information which is available to the Council;

(c) where an estimate is made under sub-paragraph (b), the amount of the estimate may be increased by up to 10% where it appears to the Council that the total milk production in the United Kingdom in the production year may exceed the total quota registered in that year pursuant to the Regulations referred to in sub-paragraph (b) above and the Dairy Produce Quotas Regulations (Northern Ireland) 2002[8];

(d) the Council shall then give the producer notice in writing - 


(i) that they have made such an estimate and the amount of it; and

(ii) that the amount of the estimate, increased (in accordance with sub-paragraph (c)) by up to 10% where an estimate is made under sub-paragraph (b), may, if the producer fails to make a return within 28 days of the date of the notice, be treated as his return for the production year;



(e) the producer may within 28 days of the date of the notice make a return and the Council will accept this as his return;

(f) if the producer fails to make such a return within 28 days of the date of the notice, then the amount of the estimate, or the amount of the estimate increased (in accordance with sub-paragraph (c)) by up to 10% where an estimate is made under sub-paragraph (b), may, if the Council so decides, be treated as his return.



    (4) The Council shall not exercise the powers conferred upon them under this article generally as regards the industry or any section thereof unless the Ministers have consented to such exercise and have approved the form in which the returns or other information will be required to be furnished.

    (5) In this article, a "Case B producer" means a producer liable to pay a charge to the Council in accordance with article 9(2)(b)."

Saving
     5. Notwithstanding the provisions of this Order, the provisions of the principal Order in force prior to the coming into force of this Order shall continue to apply in relation to any charge payable by producers in respect of any period ending on or before 31st March 2004.


Whitty
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

9th March 2004


D. Elis-Thomas
Signed on behalf of the National Assembly for Wales

30th March 2004



We consent


Allan Wilson
A member of the Scottish Executive

10th March 2004

[2] In respect of the Secretary of State, by virtue of S.I. 1955/554, 1978/272, 1999/672, 3141 and 2002/794; in respect of the National Assembly for Wales, by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) ("the 1999 Order"), in so far as they are exercisable in relation to Wales. The Milk Development Council is a cross-border body as defined in Schedule 3, paragraph 3(2), to the Government of Wales Act 1998 (c. 38). By virtue of article 2(c) of the 1999 Order, functions under the Industrial Organisation and Development Act 1947 which are exercisable in relation to a cross-border body, and which cannot be specifically exercised in relation to Wales, are exercisable by the National Assembly for Wales in relation to that body concurrently with the specified Minister of the Crown.back

[3] By the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319), made under section 88(5) of the Scotland Act 1998 (c. 46), the Milk Development Council was specified as a cross-border public authority for the purposes of that Act. By article 3 of, and paragraph 3 of Schedule 17 to, the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) it was provided, in respect of any function exercisable by a Minister of the Crown under the Industrial Organisation and Development Act 1947 to modify the Milk Development Council Order 1995 (S.I. 1995/356), that the Secretary of State for Scotland should cease to be such a Minister of the Crown, and that any such function should now be exercisable only with the consent of the Scottish Ministers.back

[4] S.I. 1995/356 as amended by S.I. 2000/878.back

[5] S.I. 2002/457.back

[6] S.I. 2002/897 (W.103).back

[7] S.S.I. 2002/110 as amended by S.S.I. 2002/228.back

[8] S.R. (NI) 2002 No 88.back