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The Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

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Registration of producers

12.—(1) The Board shall cause a register to be kept in which shall be recorded the name and address of every producer who applies to the Board for registration, the date of registration, and in the case of a registered producer who ceases to be a registered producer, the date on which he ceased to be a registered producer.

(2) For the purposes of the Scheme, a company, a society registered under the Industrial and Provident Societies Acts, a regional or district council, or other corporate body, or an institution, or a firm producing milk shall be deemed to be a single producer.

(3) Where, by reason of a registered producer dying or becoming subject to some legal disability or entering into a composition or scheme of arrangement with his creditors, the property in, or the control of, any business of producing milk is transferred from him to a personal representative, trustee, committee or other person, such personal representative, trustee, committee or other person shall, until he has disposed of the property in or control of such business of producing milk, be deemed to be a producer for all the purposes of the Scheme and shall apply for registration as such:

Provided that on the day of the transfer and for one month thereafter the personal representative, trustee, committee, or other person may do, without being registered, anything in relation to the business so transferred which the registered producer might have done.

(4) The register shall be open for inspection at the office of the Board at any reasonable time during the days on which the office is open for business.

(5) A copy of the register, or any part thereof, shall be furnished by the Board to any person demanding it, within a period of 10 days from the date on which the demand is received by the Board, on payment to the Board of a fee to be determined by the Board which reasonably compensates the Board for the cost of furnishing the information.

(6) The Board shall cause to be removed from the register the name of any producer who ceases to produce milk or who becomes exempt or is exempted by the Board from registration, provided that the name of a person shall not be removed from the register without his consent by reason only that he becomes exempt or is exempted from registration. It shall be conclusive evidence that a producer has ceased to produce milk that he has not sold milk for 12 consecutive months.

(7) In making application for registration, producers shall use the form of application issued by the Board, and shall furnish thereon the following information:—

(a)full name and address;

(b)the number of cows in their possession on such date preceding the date of application as may be determined by the Board; and

(c)the address of the farm, farms or other premises on which the cows are kept.

Cows for the use of which a producer pays a consideration, whether in money or in kind, shall, for the purposes of the Scheme, be deemed to be in his possession.

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