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The Milk Marketing Schemes (Substitution of Date of Revocation) (Scotland) Order 1994

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Statutory Instruments

1994 No. 685 (S. 33)

AGRICULTURE

The Milk Marketing Schemes (Substitution of Date of Revocation) (Scotland) Order 1994

Made

8th March 1994

Coming into force

11th March 1994

The Secretary of State, in exercise of the powers conferred on him by section 1(3) of the Agriculture Act 1993((1)) and of all other powers enabling him in that behalf, hereby makes the following Order:

Title, extent and commencement

1.  This Order may be cited as the Milk Marketing Schemes (Substitution of Date of Revocation) (Scotland) Order 1994, shall apply in Scotland and shall come into force on 11th March 1994.

Postponement of revocation date

2.  Section 1(2)(a) of the Agriculture Act 1993 (date of revocation of the North of Scotland Milk Marketing Scheme 1934((2)), the Aberdeen and District Milk Marketing Scheme 1984((3)) and the Scottish Milk Marketing Scheme 1989((4))) shall have effect with the substitution for 1st April 1994 of 1st January 1995.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

8th March 1994

Explanatory Note

(This note is not part of the Order)

The Agriculture Act 1993 (“the Act”) makes provision for the revocation of each of the three Scottish Milk Marketing Schemes (“the Schemes”) specified in the Order, which are administered by the three Scottish Milk Marketing Boards (“the Boards”).

Section 1(2) of the Act provides that the date of revocation of each of the Schemes shall be 1st April 1994. However section 1(3) of the Act empowers the Secretary of State 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 each of the Schemes under section 1(2) of the Act will be 1st January 1995.

The Act additionally provides–

(a)in section 1(4) that if there is a transfer of the property, rights or liabilities of any of the Boards under section 11 of the Act (statutory transfer on vesting day under an approved scheme of reorganisation), the date of revocation of the relevant Scheme will instead be the day of the transfer, and

(b)in paragraph 3(2) of Schedule 1 that the vesting day specified in the scheme of reorganisation for each Board must not be later than the date of revocation of the relevant Scheme under section 1(2) of the Act.

A compliance cost assessment has been prepared and copies can be obtained from the Scottish Office Agriculture and Fisheries Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW. 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)

S.R. & O. 1934, No.703, to which there are amendments not relevant to this Order.

(3)

S.I. 1984/464, to which there are amendments not relevant to this Order.

(4)

S.I. 1989/1806, to which there are amendments not relevant to this Order.

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