The Reporting of Prices of Milk Products (Scotland) Regulations 2005

Made: 3rd October 2005

Laid before the Scottish Parliament: 4th October 2005

Coming into force: 11th November 2005

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Reporting of Prices of Milk Products (Scotland) Regulations 2005 and shall come into force on 11th November 2005.

• (2) These Regulations extend to Scotland only.

Interpretation

2

• (1) In these Regulations–

• ...

• “milk processor” means a person operating an establishment which manufactures milk products;

• “milk products” means whey powder, skimmed milk powder, whole milk powder, butter, cheeses (including commodity cheeses) and raw milk.

• (2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 , which has been recorded and is subsequently capable of being reproduced.

Provision of information on prices of milk products

3

• (1) A milk processor shall provide to the Scottish Ministers such information relating to the prices of milk products ... as the Scottish Ministers may by notice in writing require ....

• (2) The notice referred to in paragraph (1) may require the milk processor to provide the information on a regular basis, and may specify the day and time by which it must be provided and the format in which it must be provided.

Offence

4

Any person who fails to comply with a notice issued under regulation 3(1) shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Offences by bodies corporate

5

Where an offence under these Regulations which has been committed by a partnership or a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the partnership or body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Signed

ROSS FINNIE — A member of the Scottish Executive — 2005-10-03

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00002]: O.J. No. L 95, 14.4.2005, p.11.

[^f00003]: 2000 c. 7.

Editorial notes

[^c12524971]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^c12524991]: 2000 c. 7.

[^key-0c92b84abaf54844d392c1fdafdafdb3]: Words in reg. 3(1) inserted (1.4.2011) by The Reporting of Prices of Milk Products (Scotland) Amendment Regulations 2011 (S.S.I. 2011/81), regs. 1, 2(3)(a)(i)

[^key-3c38c3012563af2fdbd078d929db30b8]: Words in reg. 3(1) omitted (1.4.2011) by virtue of The Reporting of Prices of Milk Products (Scotland) Amendment Regulations 2011 (S.S.I. 2011/81), regs. 1, 2(3)(a)(ii)

[^key-02c78a6dd4f8d8d0e533c6dbc44e56e2]: Words in reg. 2(1) omitted (31.12.2020) by virtue of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c9b9548719736ff6fd1da05e16c15b2a]: Words in reg. 2(1) substituted (31.12.2020) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-917c0bfaec191e6de9155340041fe178]: Words in reg. 3(1) omitted (31.12.2020) by virtue of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3439a87fd67c9654dfd23d78be619e25]: Words in reg. 3(2) substituted (31.12.2020) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)