5 Amendment of the Aberdeen and District Milk Marketing Scheme
The Aberdeen and District Milk Marketing Scheme shall be amended as follows:–
(a) by inserting in section 2(1) thereof–
(i) after the definition of “commercial activities” the following definition:–

““company” has the same meaning as in section 735(1)(a) of the Companies Act 1985;”

;
(ii) after the definition of “statutory poll” the following definition:–

““subsidiary” has the same meaning as it has for the purposes of section 736 of the Companies Act 1985;”

;
(b) by renumbering section 17 as section “17(1)”; and
(c) by inserting after section 17(1) the following paragraphs:–

“2 For the purpose of complying with this section the Board may if it thinks fit and with the approval of the Minister–
(a) form a company to carry out commercial activities or to form a subsidiary to carry out commercial activities;
(b) transfer to that company such assets, rights or liabilities as are necessary;
(c) make available to or for that company or that subsidiary on prevailing market terms, loans, guarantees or other financial benefits.
3 For so long as and to the extent that any commercial activities of the Board are, under this section, carried out by a company or a subsidiary of that company–
(a) they shall be the activities of that company or that subsidiary;
(b) reference to their commercial activities in sections 27(3)(b) and 39(2) and (7) of the Scheme shall be construed accordingly; and
(c) reference to the Board’s accounts and records in section 39 o f the Scheme shall be construed as including a reference to that company’s accounts and records and, if applicable, that subsidiary’s accounts and records.”

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