The Milk Marketing Scheme (Certification of Revocation) Order 1994

Made: 16th November 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(5) of the Agriculture Act 1993[^f00001] and of all other powers enabling them in that behalf, hereby make the following Order:—

Title and Extent

1

This Order may be cited as the Milk Marketing Scheme (Certification of Revocation) Order 1994 and applies in England and Wales.

Interpretation

2

• (1) In this Order—

• “the Act” means the Agriculture Act 1993;

• “the Board” means the Milk Marketing Board administering the Scheme;

• “the Scheme” means the Milk Marketing Scheme 1933[^f00002].

• (2) In this Order any reference to a numbered section shall be construed as a reference to the section so numbered in the Act.

Certification of Revocation

3

It is hereby certified that—

• (a) property, rights and liabilities of the Board were transferred under section 11 (statutory transfer on vesting day under approved scheme of reorganisation), and

• (b) in pursuance of section 1(4), section 1(1) (which, subject to section 13 and any provision of regulations made under section 14(3)(a), revokes the milk marketing schemes referred to in section 1(1)) came into force in relation to the Scheme, on 1st November 1994.

Signed

Michael Jack — Minister of State, Ministry of Agriculture, Fisheries and Food

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, Welsh Office — 9th November 1994

Explanatory note

(This note is not part of the Order)

This Order, which applies in England and Wales, certifies the revocation of the Milk Marketing Scheme 1933 on 1st November 1994, subject to the saving specified below.

The Agriculture Act 1993, section 1(1), revokes the Milk Marketing Scheme 1933. The date for revocation (1st October 1994 under section 1(2)(b)) was postponed to 1st January 1995 by the Milk Marketing Scheme (Substitution of Date of Revocation) Order 1994 (S.I. 1994/282). However, by virtue of section 1(4) of the 1993 Act, on the transfer under section 11 of that Act of property, rights or liabilities of the Milk Marketing Board revocation on the transfer date follows as an automatic consequence. The transfer took place on 1st November 1994.

Revocation of the 1933 Scheme is, by virtue of sections 13 and 14 of the 1993 Act, made subject to a saving in respect of winding up provisions of the Scheme and other provisions preserved by regulations. Those provisions are set out in Schedule 3 to the Milk Marketing Board (Residuary Functions) Regulations 1994 (S.I. 1994/2759).

Footnotes

[^f00001]: 1993 c. 37; section 24(2) contains a definition of “the appropriate authority”.

[^f00002]: See S.R. & O. 1933 No. 789, as amended by S.R. & O. 1936/767, 1937/228 and 744, 1939/324 and S.I. 1950/1029, 1955/946, 1969/1812, 1977/900, 1979/249, 1981/323, 1981/864, 1984/1330, 1986/83, 1987/735, 1988/132 and 1992/3142.