The School Milk (Wales) Regulations 2008

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996(1);

“claimant” (“ceisydd”) means a qualifying educational establishment or local education authority or any supplier or organisation which claims Community or national aid in respect of qualifying milk products on behalf of a qualifying educational establishment or local education authority;

“Community aid” (“cymorth Cymunedol”) means Community aid granted pursuant to Article 102(1) of the Council Regulation and in accordance with the Commission Regulation;

“the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No 1234/2007 on the common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(2) as amended from time to time;

“the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No 657/2008 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments(3), as amended from time to time;

“the Community rules” (“y rheolau Cymunedol”) means the rules concerning the provision of subsidised milk and milk products to pupils attending educational establishments, laid down by the Council Regulation and the Commission Regulation;

“cost of supply” (“cost cyflenwi”) in relation to qualifying milk products means the cost of purchase plus an amount which the Welsh Ministers reasonably considers to be sufficient for the purposes of defraying the cost of procuring and administering the supply of those milk products;

“eligible pupils” (“disgyblion cymwys”) means pupils receiving primary education other than those in key stage 2 or those receiving nursery education;

“key stage 2” (“cyfnod allweddol 2”) has the meaning given to it by section 355 of the 199 Act;

“milk equivalent” (“yr hyn sy'n gyfwerth a llaeth”) means the amount specified in Article 5(2) of the Commission Regulation as representing the equivalent milk content of certain milk products;

“national aid” (“cymorth gwladol”) means aid granted by the Welsh Ministers under these Regulations pursuant to Article 102(2) of the Council Regulation;

“nursery education” (“addysg feithrin”) has the meaning given to it by section 117 of the School Standards and Framework Act 1998(4);

“primary education” (“addysg gynradd”) has the meaning given to it by section 2(1) of the 199 Act;

“qualifying educational establishment” (“sefydliad addysgol cymwys”) means an educational establishment referred to in Article 2 of the Commission Regulation;

“qualifying milk products” (“cynhyrchion llaeth cymwys”) means the milk and milk products listed in Annex 1 to the Commission Regulation as products eligible for Community aid; and

“the residual costs” (“y costau gweddilliol”) means the costs of supply, incurred by a purchaser in connection with the supply of qualifying milk products to a qualifying educational establishment, less any Community aid and national aid that may be granted in respect of that supply.

(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.