The Scottish Milk Marketing Board (Dissolution) Order 2003

Scottish Statutory Instruments

2003 No. 534

AGRICULTURE

The Scottish Milk Marketing Board (Dissolution) Order 2003

Made

5th November 2003

Coming into force

15th December 2003

The Scottish Ministers, in exercise of the powers conferred by section 14(5) of the Agriculture Act 1993(1) and all other powers enabling them in that behalf, having been given notice by the Scottish Milk Marketing Board(2) (“the Board”) that it has wound up its affairs, after consultation with the Board and being satisfied that the Board has carried out its remaining functions as set out in regulation 4(1) of the Scottish Milk Marketing Board (Residual Functions) Regulations 1994(3), hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Scottish Milk Marketing Board (Dissolution) Order 2003 and shall come into force on 15th December 2003.

Dissolution of the Scottish Milk Marketing Board

2.  On 15th December 2003 the Scottish Milk Marketing Board shall be dissolved.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

5th November 2003

Explanatory Note

(This note is not part of the Order)

This Order dissolves the Scottish Milk Marketing Board (“the Board”) on 15th December 2003.

The Board was originally constituted by the Scottish Milk Marketing Scheme (Approval) Order 1933 (S. R. & O. 1933/479), which was consolidated by the Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989 (S.I. 1989/1806) (“the Scheme”). The Scheme was revoked by section 1 of the Agriculture Act 1993 (“the Act”) as read with the Milk Marketing Schemes (Substitution of Date of Revocation) (Scotland) Order 1994 (S.I. 1994/685) and the Milk Marketing Schemes (Certification of Revocation) (Scotland) Order 1994 (S.I. 1994/2900).

By virtue of section 13 of the Act, the Board was not deemed to be dissolved by reason of the revocation of the Scheme and continued to exist in residuary form. The residuary Board has now carried out the functions that remained to it (being confined to those set out in the Scottish Milk Marketing Board (Residual Functions) Regulations 1994, S.I. 1994/7900), and has given notice to the Scottish Ministers that it has wound up its affairs.

(1)

1993 c. 37. Section 24(2)(b) defines “the appropriate authority”, in the case of a milk marketing board whose area is in Scotland, as the Secretary of State. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

The Scottish Milk Marketing Board was established under the Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989 (S.I. 1989/1806), as amended by S.I. 1991/1735 and 1992/3142.

(3)

S.I. 1994/2591.