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The Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Amendment Regulations 2011

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1.  These Regulations may be cited as the Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Amendment Regulations 2011 and come into force on 1st April 2011.

Amendment of the Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001

2.  The Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001(1) are amended in accordance with regulations 3 and 4.

3.  In regulation 2 (interpretation) for the definition—

(a)“the Commission Regulation”, substitute—

“the Commission Regulation” means Commission Regulation (EC) No 657/2008 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments(2), as amended from time to time;;

(b)“Community aid”, substitute—

“Community aid” means Community aid granted pursuant to Article 102(1) of the Council Regulation and in accordance with the Commission Regulation;; and

(c)“the Council Regulation”, substitute—

“the Council Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(3), as amended from time to time..

4.  In regulation 3 (additional payments under Article 14(2) of the Council Regulation)—

(a)in the cross heading and in paragraph (1) for “Article 14(2)”, substitute “Article 102(2)”; and

(b)for paragraph (2)(a) to (h) substitute—

(a)Article 2 (beneficiaries);

(b)Article 3(1) and (4) (eligible products);

(c)Article 5(4), first sub-paragraph (milk and milk products used in preparation of meals not to benefit from aid);

(d)Article 8 (general conditions of approval), except for the words in paragraph (1)(b) following the reference to Article 2;

(e)Article 9 (specific conditions for the approval of certain applicants);

(f)Article 10 (suspension and withdrawal of approval);

(g)Article 11 (payment applications);

(h)Article 12 (payment of the aid);

(i)Article 14 (price monitoring); and

(j)Article 15 (controls and sanctions),.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

9th February 2011

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