The Milk (Special Designation) Regulations 1988

PART I constitution

1.  A tribunal shall consist of a chairman and two other members.

2.—(1) Where the issue referred to the tribunal is in respect of a producer’s licence–

(a) the chairman shall be an independent person appointed by the Minister;

(b) one member shall be–

(i) in the case of a licence relating to milk produced in England, a person appointed by the Minister from a panel of persons nominated jointly by the Milk Marketing Board and the National Farmers' Union, and

(ii) in the case of a licence relating to milk produced in Wales, a person appointed by the Minister from a panel of persons, each member of the panel being nominated either jointly by the Milk Marketing Board and the National Farmers' Union or jointly by the Milk Marketing Board and the Farmers' Union of Wales;

(c) one member shall be a person appointed by the Minister as being representative of the con-sumers' interest.

(2) Where the issue referred to the tribunal is in respect of a dealer’s licence or an untreated milk distributor’s licence–

(a) the chairman shall be an independent person appointed by the Minister;

(b) one member shall be a person appointed by the Minister as being representative of the milk distributive trade;

(c) one member shall be a person appointed by the Minister as being representative of the con-sumers' interest.

(3) Where the issue referred to the tribunal is in respect of a producer’s licence and there is outstanding a reference to a tribunal in respect of a dealer’s licence or an untreated milk distributor’s licence, or where the issue referred to the tribunal is in respect of a dealer’s licence or an untreated milk distributor’s licence and there is outstanding a reference to a tribunal in respect of a producer’s licence, and where both references relate to the same premises and the person or council affected is the same–

(a) the chairman shall be an independent person appointed by the Minister;

(b) one member shall be a person appointed by the Minister as being representative of producers and distributors of milk;

(c) one member shall be a person appointed by the Minister as being representative of the consumers' interest.

(4) For the purposes of sub-paragraphs (1)(c), (2)(c), and (3)(c) of this paragraph, where the issue is in respect of a licence relating to premises in England, such appointment shall be made after consultation with the Secretary of State for Health.

3.—(1) A chairman shall hold office for three years, and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.

(2) A chairman may resign his office by notice in writing served on the Minister.

(3) If the Minister is satisfied that the chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or is adjudged bankrupt or makes a composition or arrangement with his creditors, he may revoke the appointment of the chairman.

(4) If the Minister is satisfied that the chairman is prevented by sickness or any other reason from acting on any reference to the tribunal, he may appoint an independent person to act in place of the chairman on that reference.

4.  In this Part of this Schedule–

“the Minister” means–

(a) where the issue referred to the tribunal is in respect of a licence relating to premises in England, the Minister of Agriculture, Fisheries and Food;

(b) where the issue referred to the tribunal is in respect of a licence relating to premises in Wales, the Secretary of State.