- Latest available (Revised)
- Point in Time (15/05/2001)
- Original (As made)
Point in time view as at 15/05/2001.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Scottish Statutory Instruments
AGRICULTURE
Made
23rd April 2001
Laid before the Scottish Parliament
24th April 2001
Coming into force
15th May 2001
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Marginal Citations
M11972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
1.—(1) These Regulations may be cited as the Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001, and shall come into force on 15th May 2001.
(2) These Regulations extend to Scotland only.
2. In these Regulations–
“applicant” means an applicant as described in Article 6, and approved in accordance with Articles 7, 8 and (where applicable) 9, of the Commission Regulation;
“the Commission Regulation” means Commission Regulation (EC) No. 2707/2000 laying down rules for applying Council Regulation (EC) No. 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments M2;
“Community aid” means Community aid granted pursuant to Article 14(1) of the Council Regulation, as read with the Commission Regulation, to pupils in educational establishments (except secondary schools);
“the Council Regulation” means Council Regulation (EC) No.1255/1999 on the common organisation of the market in milk and milk products M3 as amended by Council Regulation (EC) No. 1040/2000 M4 and Council Regulation (EC) 1670/2000 M5;
Marginal Citations
M2O.J. No. L 311, 12.12.00, p.37.
M3O.J. No. L 160, 26.6.99, p.48.
M4O.J. No. L118, 19.5.00, p.1.
M5O.J. No. L 193, 29.7.00, p.10
3.—(1) Subject to paragraph (2) below, where an applicant is in receipt of Community aid, the Scottish Ministers may, in accordance with the provisions of Article 14(2) of the Council Regulation, as read with the Commission Regulation, pay that applicant an amount in addition to that Community aid.
(2) For the purposes of the following provisions of the Commission Regulation (which apply to payments of Community aid)–
(a)Article 2(1)(a) and (b) and (2) (beneficiaries);
(b)Article 2(3), first sub-paragraph (written commitments made by certain classes of applicant);
(c)Articles 8 (excluding, in sub-paragraph (b), the words following the reference to Article 2) and 9 (written commitments made by applicants generally);
(d)Article 10 (possibility for approval of an applicant to be suspended or withdrawn);
(e)Article 11 (conditions governing applications for payment);
(f)Article 12 (conditions governing payment);
(g)Article 13 (possibility of payment in advance);
(h)Article 14 (policing),
an application for aid to be paid under paragraph (1) above shall be treated as if it were an application for Community aid, and any sum payable or paid under paragraph (1) above shall be treated as if it were payable or paid by way of Community aid.
4.—(1) Where an applicant has received Community aid or a payment under regulation 3 above to which the applicant was not entitled, or where the applicant is in breach of any commitment given by the applicant as a condition of such Community aid or of a payment under that regulation, the Scottish Ministers may–
(a)withhold the whole or any part of such Community aid or payment under regulation 3 above that they might otherwise have made; or
(b)recover on demand the whole or any part of any such Community aid or payment under regulation 3 above already made by them.
(2) Before taking any action under paragraph (1) above, the Scottish Ministers shall–
(a)give to the applicant written notification of the action proposed to be taken (including the amount proposed to be withheld or recovered), with an explanation of the reasons for the action they propose to take;
(b)afford that applicant the opportunity of making written representations within such time as they consider reasonable; and
(c)consider any such representations made to them.
5. In any case where an amount falls to be paid to the Scottish Ministers by virtue of (or by virtue of action taken under) these Regulations, the amount so falling to be paid shall be recoverable by them as a debt.
ROSS FINNIE
A member of the Scottish Executive
Pentland House, Edinburgh
23rd April 2001
(This note is not part of the Regulations)
These Regulations provide that, in the making of any national “top-up” aid payments as permitted by Article 14(2) of Council Regulation (EC) No. 1255/1999 on the common organisation of the market in milk and milk products, as amended, for the supply of milk and milk products to pupils in educational establishments, such payments shall be subject to the same rules, requirements and conditions as apply to Community aid under Article 14(1) of Council Regulation (EC) No. 1255/1999, and which are contained in Commission Regulation (EC) No. 2707/2000 laying down rules for supplying milk and certain milk products to pupils in educational establishments (regulation 3).
The Regulations also provide for the withholding or recovery of any Community aid or any national payments made under regulation 3 of the Regulations pursuant to Article 14 of Council Regulation 1255/1999 to which an applicant is not entitled or where the applicant is in breach of any commitments given as a condition of such Community aid or payment (regulations 4 and 5).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
The data on this page is available in the alternative data formats listed: