The Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

• (2) Contributions under paragraph 5 of the Second Schedule to the Act shall be assessed in relation to each contributor proportionately to the number of litres of milk produced and sold by him during the relevant period and shall not exceed 0.137p per litre, but declaring that the amount of the liability under this subsection of any registered producer, who during the whole of the relevant period was exempt from the provisions of the Scheme, shall not exceed 5 pence. Save as aforesaid, however, no person shall be liable to contribute to the assets of the Board in the winding-up by reason only of his being, or having been, a registered producer or a member of the Board.

• (3) Any surplus funds remaining on completion of the winding-up, after payment of all liabilities and expenses, shall be distributed among the registered producers who, if there had been a deficit on the winding-up, would have been liable to contribute in terms of subsection (2), and in the same proportions as such liability to contribute. Provided, however, that a registered producer who, during the whole of the relevant period, was exempt from the provisions of the Scheme shall not be entitled to any share of such surplus funds.

The common seal

48

• (1) The Use of the common seal. The common seal shall have the Board’s name engraven in legible characters thereon and shall not be affixed to any document without the express authorisation of the Board.

• (2) Custody of the common seal. The common seal shall be kept in the custody of the Secretary, or such other employee as the Board shall direct.

Deeds

49

• (1) All deeds and other writings to which the Board are a party shall be held to be validly executed on behalf of the Board by being sealed with the common seal of the Board and signed by two members of the Board and the Secretary, and such subscription on behalf of the Board shall be binding whether attested by witnesses or not.

• (2) All deeds and other writings executed in any place out of Great Britain or Northern Ireland shall be validly executed by being signed by such persons as may be duly authorised by the Board.

• (3) A document or proceedings requiring authentication by the Board may be signed by a member of the Board, Secretary or other person authorised by the Board, and need not be under the common seal of the Board.

Proof of posting

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Any requirement of the Scheme (other than that contained in subsection (2) of section 34) that a notice or document shall be sent to a person by the Board shall be deemed to have been complied with if, within the period, if any, limited for the sending of the notice or document, the notice or document is despatched to him by post, properly addressed and with the postage prepaid.

Reprinting of Scheme

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• (1) Where by an affirmative resolution of both Houses of Parliament any articles or words are resolved to be added to, or omitted from, the Scottish Milk Marketing Scheme 1989, or to be substituted for any other articles or words in that Scheme, then copies of that Scheme printed under the authority of Her Majesty’s Stationery Office, after such resolutions take effect, may be printed with the articles or words added, or omitted, or substituted for other articles or words as such resolutions require, and with the articles and paragraphs thereof numbered in accordance with such resolutions, and the Scheme shall be construed as if it had at the time when such resolutions take effect been made with such addition, omission or substitution.

• (2) A reference in any document to the Scottish Milk Marketing Scheme 1989, or to any provisions thereof, shall, unless the context otherwise requires, be construed as referring to that Scheme as amended.

SCHEDULE (1) — Members of Board

SCHEDULE (2)

Form of Voting Paper for Statutory Polls under section 36

SCHEDULE (3)

Form of Voting Paper for EEC Polls under section 37

SCHEDULE (4)

Form of Proxy

SCHEDULE 2 — REVOCATIONS

Signed

Sanderson of Bowden — Minister of State, Scottish Office — 28th September 1989

Explanatory note

(This note is not part of the Order)

This Order, which comes into force on 25th October 1989, approves a consolidated milk marketing scheme to replace the Scottish Milk Marketing Scheme 1933, as amended. The consolidated scheme is set out in Schedule 1 to the Order. The various Orders and Regulations approving the 1933 Scheme and subsequent amendments thereto are revoked by Schedule 2 to this Order.

Footnotes

[^f00001]: S.R. & O.1933/479, amended by S.R. & O. 1934/645, 1935/691, 1246, 1937/624; S.I. 1950/2057, 1956/650, 1965/644, 2193, 1968/391, 1978/583, 1979/319, 1981/445, 864, 1982/616, 1988/182

[^f00002]: 1958 c. 47; section 52(1) contains a definition of “the Minister” relevant to the exercise of the statutory powers under which this Order is made; paragraph 5A of Schedule 1 was inserted by the Agriculture Act 1986 (c. 49), section 11.

[^f00003]: 1958 c. 47

[^f00004]: S.I. 1981/322

[^f00005]: Section 47 was amended by the Fair Trading Act 1973 (c. 41), Schedule 12, and by the Competition Act 1980 (c. 21), section 19(4)(a).

[^f00006]: 1985 c. 6

[^f00007]: 1914 c. 46, 1922 c. 54, 1934 c. 51, 1949 c. 34

[^f00008]: O.J. No. L171, 28.6.78, p. 14.

[^f00009]: 1985 c. 72

[^f00010]: O.J. No. L188, 26.7.79, p.29.

[^f00011]: 1947 c. 48

[^f00012]: 1961 c. 62

[^f00013]: Section 41A was inserted by S.I. 1981/864

[^f00014]: 1983 c. 2

[^f00015]: 1986 c. 45

[^f00016]: Paragraph 4 was amended by the Insolvency Act 1986, Schedule 14.