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The Scottish Milk Marketing Board (Residual Functions) Regulations 1994

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12.—(1) Section 10 of the marketing scheme is preserved, subject to the modification that–

(a)for the word “shall”, where it first occurs, there shall be substituted the word “may”;

(b)the words beginning with “, and shall determine their respective duties and remuneration.” to the end of the section shall be omitted; and

(c)after the words “such other officers” there shall be inserted the words “and employees”.

(2) The Board may by factory and commission or by power of attorney or otherwise–

(a)appoint a person to be the agent of the Board;

(b)delegate to that person any of their functions,

for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions.

(3) The Board may–

(a)pay such remuneration, pensions, allowances or gratuities to or in respect of any persons who have been or are their officers or employees as they may determine;

(b)make such payments as they may determine towards provision for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons; and

(c)provide and maintain, or participate in, such schemes as they may determine (whether contributory or not) for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons.

(4) Any reference in paragraph (3) above to remuneration, pensions, allowances or gratuities to or in respect of such persons as are mentioned in that paragraph includes a reference to remuneration, pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments.

(5) If any person–

(a)on ceasing to hold any office or employment with the Board, becomes or continues to be one of their members, and

(b)was, by reference to his office or employment with the Board, a participant in a pension scheme maintained by the Board for the benefit of any of their officers or employees,

the Board may make provision for him to continue to participate in that scheme, on such terms and conditions as they may determine, as if his service as a member were service as an officer or employee of the Board; and any such provision shall be without prejudice to regulation 6 above.

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