2011 No. 83

Food

The Dairy Produce Quotas (Scotland) Amendment Regulations 2011

Made

9th February 2011

Laid before the Scottish Parliament

11th February 2011

Coming into force

1st April 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for the references in these Regulations, and in the Regulations which these Regulations amend, to—

(a)(i)Article 55(1)(a);

(ii)Article 55(2), in so far as it relates to milk and other milk products; and

(iii)the provisions of, or referred to in, Section III of Chapter III of Part II,

of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(2); and

(b)Commission Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector(3),

to be construed as references to those Articles and provisions and to that Commission Regulation as amended from time to time.

(1)

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. The function conferred upon the Minister of the Crown under section 2(2), in so far as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and amended by the 2008 Act, Schedule, Part 1.

(2)

O.J. L 299, 16.11.07, p.1, as last amended by Regulation (EU) 1234/2010 (O.J. L 346, 30.12.10, p.11).

(3)

O.J. L 94, 31.3.04, p.22, as last amended by Commission Regulation (EC) 793/2009 (O.J. L 228, 1.9.09, p.7). Although Council Regulation (EC) No 1788/2003 (O.J. L 270, 21.10.03, p.123) was repealed on 1st April 2008 by virtue of Article 201(1)(b) of Council Regulation (EC) No 1234/2007 (“the Single CMO Regulation”), the reference to Council Regulation (EC) No 1788/2003 is to be read as a reference to the Single CMO Regulation by virtue of Article 202 of the Single CMO Regulation.