The Milk Marketing Scheme (Substitution of Date of Revocation) Order 1994

Statutory Instruments

1994 No. 282

AGRICULTURE

The Milk Marketing Scheme (Substitution of Date of Revocation) Order 1994

Made

8th February 1994

Coming into force

9th February 1994

The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly in exercise of the powers conferred on them by section 1(3) of the Agriculture Act 1993(1) and of all other powers enabling them in that behalf, hereby make the following Order:—

Title, extent and commencement

1.  This Order may be cited as the Milk Marketing Scheme (Substitution of Date of Revocation) Order 1994, shall apply in England and Wales and shall come into force on 9th February 1994.

Interpretation

2.  In this Order “the Act” means the Agriculture Act 1993.

Postponement of revocation date

3.  Section 1(2)(b) of the Act (date of revocation of the Milk Marketing Scheme 1933(2)) shall have effect with the substitution for 1st October 1994 of 1st January 1995.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

8th February 1994.

John Redwood

Secretary of State for Wales

8th February 1994

Explanatory Note

(This note is not part of the Order)

The Agriculture Act 1993 (“the Act”) makes provision for the revocation of the Milk Marketing Scheme 1933 (“the 1933 Scheme”), which is administered by the Milk Marketing Board (“the Board”).

Section 1(2) of the Act provides that the date of revocation of the 1933 Scheme shall be 1st October 1994. However section 1(3) of the Act empowers the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales to substitute by order for that date such later date before 1st January 1996 as may be specified in the order. This Order, which is made under that power, provides that the date of revocation of the 1933 Scheme under section 1(2) of the Act will be 1st January 1995.

The Act additionally provides that—

(a) if there is a transfer of the property, rights or liabilities of the Board under section 11 of the Act (statutory transfer on vesting day under an approved scheme of reorganisation), the date of revocation of the 1933 Scheme will instead be the day of the transfer, and

(b) the vesting day specified in the scheme of reorganisation must not be later than the date of revocation of the 1933 Scheme under section 1(2) of the Act.

A compliance cost assessment has been prepared and copies can be obtained from the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2HH. A copy has been placed in the library of each House of Parliament.

(1)

1993 c. 37; section 24(2) contains a definition of “the appropriate authority”.

(2)

See S.R. & O. 1933/789, to which there are amendments not relevant to this Order.