Search Legislation

The Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Prohibition of sale except to or through the Board and the Board’s obligation to accept milk

17.—(1) All registered producers shall, subject to the provisions of sections 27, 29 and 32, sell milk only to or through the agency of the Board, and, subject to the provisions of subsections (2) and (3), the Board shall be bound to accept all milk legally tendered to them by registered producers and to make payment therefor in manner provided in section 26.

(2) The Board may—

(a)reject or cause to be rejected any consignment or part of any consignment of milk tendered by a registered producer if they are satisfied that the milk does not comply with any of the standards of quality determined by them with the approval of the Minister and in force for the time being or with any warranty subject to which the milk is sold;

(b)for such period as they may in any particular case determine, refuse to accept further consignments of milk from a registered producer who, on more than 3 occasions in any period of 30 days falling within a period of 120 days immediately prior to such refusal, has had milk rejected under the immediately preceding paragraph;

(c)for such period as they may in any particular case determine, refuse to accept further consignments of milk from a registered producer whose milk has failed to meet the standards of quality specified by the Board with the approval of the Minister from time to time over a period of 62 consecutive days on at least 6 separate occasions:

  • Provided, however, that, before exercising the power of refusal in subsection (2)(b), the Board shall notify the registered producer in writing of the action they propose to take thereunder, and if so requested by the registered producer within 7 days of the service of such notification shall give him an opportunity of showing cause why such action should not be taken.

(3) The Board shall not be required to accept milk where this cannot reasonably be done on account of industrial dispute, adverse weather or other contingency beyond its control. Any registered producer whose milk has not been accepted under the provisions of this subsection shall, during such a period of non-acceptance, be free to sell milk otherwise than to or through the agency of the Board, but in the event of such producer being unable to sell his milk or any part thereof otherwise than to or through the agency of the Board, the Board may in their absolute discretion make payment for such milk at such reduced price as may be determined in accordance with proviso (iii) to section 26(9).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources