The Milk Marketing Board (Residuary Functions) Regulations 1994

PART I. PRELIMINARY

3.—(1) Except where the context otherwise requires, a reference in this Scheme to a paragraph–

(a) shall be construed as a reference to a paragraph in this Scheme where that paragraph is preserved or continues in force in, or has been inserted into, this Scheme;

(b) shall be construed as a reference to a paragraph formerly in this Scheme where that paragraph is not one to which paragraph (a) of this sub–paragraph applies.

(2) In this Scheme, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:

“commercial activities”–

(a) in relation to the final trading period, means the following activities–

(i) processing milk or producing commodities from milk or commodities of which milk is a substantial ingredient;

(ii) selling, grading, packing, storing, adapting for sale, insuring and advertising milk so processed or such commodities;

(iii) transporting milk or such commodities;

(iv) other activities reasonably incidental to those specified above, and

(b) in relation to the period beginning on Vesting Day, means the following activities–

(i) buying and selling milk carried out by Dairy Crest Limited;

(ii) processing milk and producing from milk, or from products derived from milk, commodities or products of which milk, or a product derived from milk, is an ingredient;

(iii) selling milk so processed or such commodities or such products;

(iv) grading, packing, storing, adapting for sale, insuring and advertising milk or milk so processed or such commodities or such products;

(v) transporting milk or milk so processed or such commodities or such products;

(vi) other activities falling within the objects of Dairy Crest Limited as set out in provisions of the approved scheme relating to the proposed constitution of Dairy Crest Limited, as may be varied from time to time by Dairy Crest Limited with the prior approval of the Board;

(vii) collecting milk samples and data relating to milch cows, testing milk samples and providing a service in the supply of resulting data and collecting, processing and publishing dairy management information;

(viii) other activities reasonably incidental to those specified above;

• “company” has the same meaning as in section 735(1)(a) of the Companies Act 1985;

• “Minister” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly;

• “milch cow” means a cow kept for milking purposes whether dry or in milk, but does not include a heifer which has never calved;

• “milk” means cows' milk produced in England and Wales;

• “prescription” means a determination by the Board made by means of a prescriptive resolution, and “prescribe” shall be construed accordingly;

• “prescriptive resolution” means a resolution of the Board made prior to Vesting Day, embodying a determination of the Board, which was recorded in the record then provided for by paragraph 96;

• “producer” means a producer of milk;

• “retail” and “semi–retail” in relation to sales of milk mean respectively such class or classes of milk as may from time to time have been prescribed and defined by the Board as such;

• “secretary” includes any person for the time being authorised by the Board to act as secretary;

• “subsidiary” has the same meaning as it has for the purposes of section 736 of the Companies Act 1985.

(3) Other expressions used in this Scheme have, in so far as the context admits, the same meanings as in the Milk Marketing Board (Residuary Functions) Regulations 1994, any reference in this Scheme to a numbered regulation shall be construed as a reference to the regulation so numbered in those Regulations, any reference in this Scheme to “this Scheme” shall be construed as including a reference to those Regulations and those Regulations shall be read with this Scheme as if they and this Scheme formed a single instrument.