The Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

Penalties for contravention of the provisions of the Scheme or of determinations of the Board; the Disciplinary Committee

34.—(1) If any person being a registered producer under the Scheme—

(a) sells milk or any description or quantity thereof at a price, or in a manner, or to a person, or on terms, other than those determined for the time being by the Board or by the Joint Committee as the case may be; or

(b) fails to furnish such information relating to the milk produced by him as may be required from time to time by the Board; or

(c) wilfully furnishes to the Board information which is false in any material particular; or

(d) obstructs or interferes with any person duly authorised by the Board in terms of section 33 in the performance of his duties thereunder; or

(e) withholds milk for the purposes of section 32(2)(a)(iii) (for sale to an exempt producer) and fails without reasonable excuse to comply with any of the requirements of section 32(10),

the Disciplinary Committee hereinafter decribed shall impose upon such producer, and the Board shall recover from him, such monetary penalty not exceeding £1,000 as that Committee think just:

• Provided always that no such penalty shall be imposed in respect of such a contravention as aforesaid which constitutes an offence under any Act other than the Act.

(2) (a) There shall be a committee of the Board to be known as the Disciplinary Committee, constituted, at each sitting thereof, of not less than 4 nor more than 6 members of the Board and a chairman who is not a member of the Board but is an independent person who is an advocate of not less than 7 years' standing, or a solicitor of not less than 7 years' standing, and is approved by the Minister.

(b) No penalty shall be imposed on a registered producer under this section except after a hearing by the said Committee and by the decision thereof, taken in accordance with the opinion of all or the majority of the members thereof, provided that, if there is an equal division of opinion, the opinion of the chairman shall prevail. At any such hearing the producer shall be entitled to appear and be heard in person or by counsel or solicitor or by any other person authorised by him.

(c) Notice of the time and place of every such hearing and a written statement of the charge against the producer in question shall be served personally or by registered post on that producer at least 14 days before the hearing.

(d) No penalty shall be imposed for any contravention which occurred more than 6 years before the service of the said written statement of the charge.

(e) Where such a written statement of a charge against a producer has been sent to or served on him as aforesaid and the charge is withdrawn or is not substantiated before the said Committee, the Board shall have the power, and, to such extent as the said Committee may decide, the duty, to make payments to the producer in respect of his expenses in connection with the charge.

(f) The said Committee, if they find that a contravention has occurred, may postpone the imposition of a penalty for a period not exceeding 12 months.

(3) As soon as may be after the Disciplinary Committee have concluded the hearing of a case written notice of their decision shall be sent to the registered producer in question and he may, on or before the 14th day after the date on which the notice was so sent to him, give notice to the Board referring the matter to arbitration under the provisions of the Scheme, and, if the matter is so referred, no proceedings shall be taken by the Board otherwise than for the purposes of the arbitration or to enforce the award of the arbiter; and the arbiter may award payment by the producer of such penalty or other sums as he thinks just but not exceeding the maximum penalty or other sums respectively which could have been imposed or required by the Disciplinary Committee.

(4) The said Committee shall have the power to reconsider their decision in relation to the case of any such producer if, upon considering any written application in that behalf by the registered producer in question made within 3 months after the date of the original hearing by the said Committee, they are satisfied that—

(a) there may be facts relevant to the case other than the facts which were before the Committee at the original hearing, and

(b) if such other facts had been previously known to the Committee, their decision would have been influenced thereby, and

(c) the matter has not been referred to arbitration under subsection (3).

(5) (a) If under subsection (4) the said Committee decide to reconsider any case it shall be their duty to rehear the case, and, if as a result they are of opinion that a substantial miscarriage of justice has occurred, they shall vary the previous decision of the Committee, and the Board shall thereupon give effect to such variation.

(b) The provisions of paragraph (b) of subsection (2) and subsection (3) shall apply to every such rehearing.

(6) Subject as aforesaid every penalty imposed and every sum required to be paid by a decision of the Disciplinary Committee shall be a debt due to the Board and recoverable accordingly.

(7) Where a contravention of a provision of the Scheme or of a determination of the Board (being a contravention in respect of which the Board have the duty to recover a penalty) causes loss to the Board, the provisions of section 10 of the Act shall apply.

(8) A person whose name appeared upon the register of producers at the date when he contravened any provision of the Scheme shall, notwithstanding that his name has since been removed from the register, be deemed to remain a registered producer for the purpose only of this section.