The Milk Marketing Board (Residuary Functions) Regulations 1994

1. Introductory Text

2. PART I PRELIMINARY

   1. 1. Title, extent and commencement

   2. 2. Interpretation; preservation of preliminary provisions of the old marketing scheme

   3. 3. Effect of provisions of the old marketing scheme as preserved, inserted or continuing in force

3. PART II CONSTITUTION AND MEMBERSHIP OF THE BOARD

   1. 4. Restructuring of the Board’s functions

   2. 5. Members of the Board

   3. 6. Official address of the Board

   4. 7. General powers and staff

   5. 8. Remuneration, allowances etc of members of the Board

   6. 9. Committees

   7. 10. Proceedings of the Board

   8. 11. Minutes

   9. 12. The seal

   10. 13. Contracts

4. PART III REGISTER OF PRODUCERS

   1. 14. Maintenance of register

   2. 15. Inspection of register

   3. 16. Partnerships

   4. 17. Death etc of producers

5. PART IV FINANCIAL PROVISIONS

   1. 18. Reserve funds

   2. 19. Borrowing

   3. 20. Administration, accounts and separation of commercial activities

6. PART V FUNCTIONS OF THE BOARD

   1. 21. Functions

   2. 22. Prohibition on buying and selling milk etc

   3. 23. Assessment of sales

   4. 24. Information

   5. 25. Contraventions of the old marketing scheme

7. PART VI MEETINGS OF REGISTERED PRODUCERS

   1. 26. Meetings

8. PART VII FINAL LIQUIDATION OF THE BOARD

   1. 27. Completion of winding up and distribution of surplus

   2. 28. Voluntary solvent liquidation

   3. 29. Liquidation on application to court under the 1986 Act

9. PART VIII MISCELLANEOUS

   1. 30. Arbitration

   2. 31. Service of documents

   3. 32. Cows which are in the possession of a producer

   4. 33. Prescriptive resolutions

   5. 34. Indemnity

10. Signature

11. 1. SCHEDULE 1

       DISTRIBUTION ENTITLEMENT

       1. 1. Normal entitlement

       2. 2. Personal value

       3. 3. Milk sold to the Board

       4. 4. Milk sold otherwise than to the Board

       5. 5. Rounding

       6. 6. Exceptional hardship

       7. 7. Interpretation

    2. SCHEDULE 2

       ELIGIBLE AND END YEAR PRODUCER CRITERIA

       1. PART I ELIGIBLE PRODUCER CRITERIA

          1. 1. An eligible producer is any person (other than an excluded...

          2. 2. Evidence that a person sold milk to the Board at...

          3. 3. Part III of this Schedule shall have effect to supplement...

       2. PART II END YEAR PRODUCER CRITERIA

          1. 1. An end year producer is any person who–

          2. 2. Part III of this Schedule shall have effect to supplement...

       3. PART III SUPPLEMENTAL

          1. 1. In this Schedule a person is the transferee of another...

          2. 2. The conditions mentioned respectively in paragraph 1(c)(ii) of Part I,...

          3. 3. The requirement mentioned in paragraph 2 above is–

          4. 4. Regardless of the date of the transfer, the entry of...

          5. 5. In this Schedule “excluded producer” means any producer who during...

    3. SCHEDULE 3

       PROVISIONS OF THE OLD MARKETING SCHEME PRESERVED, INSERTED OR CONTINUING IN FORCE

       1. PART I. PRELIMINARY

          1. 3. (1) Except where the context otherwise requires, a reference in...

       2. PART II. THE BOARD AND COMMITTEES

          1. 6. THE BOARD AND THEIR GENERAL POWERS

          2. 7. The Board may employ a secretary and such other officers...

          3. 8. The Board may pay to any member of the Board...

          4. 8A. The Board, to the intent that so far as practicable...

          5. 20. OTHER COMMITTEES

          6. 25. PROCEEDINGS OF THE BOARD

          7. 26. MINUTES

          8. 27. For the purpose of any proceedings a copy, purporting to...

          9. 28. THE SEAL

          10. 29. CONTRACTS

          11. 30. No contract to which the Board is a party shall...

       3. PART III. REGISTER OF PRODUCERS

          1. 39. (1) Any person shall be entitled, on payment of the...

          2. 41. (1) Registration of the name or style under which two...

       4. PART V. FINANCIAL PROVISIONS

          1. 52. The Board may, for the purpose of exercising any of...

          2. 52A. The Board shall not make money or other financial benefits...

          3. 53. (1) The Board shall keep proper and separate accounts and...

       5. PART VI. PRINCIPAL POWERS OF THE BOARD

          1. 59A. MISCELLANEOUS POWERS

          2. 59B. The Board shall ensure that moneys received in payment for...

          3. 71. ASSESSMENTS OF SALES

          4. 75. INFORMATION AND INSPECTION

          5. 77. CONTRAVENTIONS

       6. PART VII. MEETINGS OF REGISTERED PRODUCERS

          1. 78. (1) Subject to paragraph (3) below, the Board shall at...

          2. 78A. (1) The procedure referred to in paragraph 78(1B) shall operate...

          3. 79. (1) Subject to sub–paragraph (2) below, the chairman of every...

          4. 80. Not later than the twenty–first day before the day fixed...

          5. 80A. (1) Notwithstanding having published notice of a general meeting under...

          6. 81. At a meeting of registered producers no business shall be...

          7. 81A. Paragraph 81 shall not restrict any registered producer at any...

          8. 82. At a general meeting every registered producer shall be entitled...

          9. 83. At any meeting of registered producers the producers entitled to...

          10. 84. Every question put before a meeting of registered producers shall...

          11. 85. On a show of hands and also on a formal...

          12. 87. Without prejudice to the provisions of this Part of this...

          13. 88. At any meeting of registered producers the declaration of the...

       7. PART VIII. AMENDMENT AND REVOCATION OF SCHEME AND WINDING UP OF THE BOARD

          1. 91. Part V of the 1986 Act (which relates to the...

          2. 91A. (1) A petition for winding up of the Board may...

          3. 91B. In the event of the final liquidation of the Board...

          4. 92. Contributions under paragraph 91B shall be assessed, in relation to...

       8. PART IX. MISCELLANEOUS

          1. 93. (1) Any relevant producer who is aggrieved by an act...

          2. 94. Any requirement of this Scheme that a document shall be...

          3. 95. For the purposes of this Scheme except paragraph 69A every...

    4. SCHEDULE 4

       B RESERVE FUND

       1. 1. (1) The Board shall maintain the B Reserve Fund in...

       2. 2. (1) The milk receipt retentions shall be payable to end...

       3. 3. No sum may be withdrawn from the B Reserve Fund...

       4. 4. (1) Subject to paragraph 3(b) above, and provided that the...

       5. 5. The condition mentioned in paragraph 4 above is that the...

       6. 6. Subject to paragraph 3(b) above, the Board shall withdraw all...

       7. 7. (1) Subject to the provisions of this paragraph, where–

       8. 8. Any net surplus or deficit in funds arising from the...

       9. 9. As long as moneys remain in the B Reserve Fund...

       10. 10. The Minister shall notify the Board of any amount by...

       11. 11. In this Schedule “milk receipt retentions” means the sum which...

    5. SCHEDULE 5

       DISPOSAL OF DAIRY CREST SHARES

       1. 1. This Schedule shall apply to the extent that the Dairy...

       2. 2. As soon as practicable after Vesting Day the Board shall...

       3. 3. (1) In determining the feasibility of achieving a flotation of...

       4. 4. If the Board determine that it is feasible, and that...

       5. 5. The objective mentioned in paragraph 4 above is to implement...

       6. 6. In implementing the flotation of the company the Board may...

       7. 7. Nothing in paragraphs 2 to 6 above shall be construed...

       8. 8. Until such time as their entire interest in the share...

       9. 9. In this Schedule “company” means Dairy Crest Limited, Dairy Crest...

12. Explanatory Note