The School Milk (Wales) Regulations 2001

Interpretation

2.—(1) In these Regulations unless the context otherwise requires —

• “the Board” (“y Bwrdd”) means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972;

• “claimant” (“ceisydd”) means a qualifying educational establishment or local education authority or any other organisation which claims Community or national aid in respect of qualifying milk products on behalf of a qualifying educational establishment;

• “Community Aid” (“cymorth Cymunedol”) means European Community aid granted pursuant to Article 14 of the Council Regulation;

• “the Commission Regulation” (“Rheoliad y Comisiwn” ) means Commission Regulation (EC) 2707 / 2000 laying down detailed rules for applying Council Regulation (EC) 1255 /1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments(1);

• “the Community rules” (“y rheolau Cymunedol” ) means the rules concerning the provision of subsidised milk and milk products to pupils attending educational establishments, laid down by the Council Regulation and the Commission Regulation;

• “cost of supply” (“cost cyflenwi”) in relation to qualifying milk products means the cost of purchase plus an amount which the National Assembly reasonably considers to be sufficient for the purposes of defraying the cost of procuring and administering the supply of those milk products;

• “the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) 1255 / 1999 on the common organisation of the market in milk and milk product(2));

• “eligible pupils” (“disgyblion cymwys”) means pupils receiving primary education other than those in key stage 2 or those receiving nursery education;

• “the European Community subsidy scheme”(“cynllun cymhorthdal y Gymuned Ewropeaidd”) means the European Community’s scheme for supplying subsidised milk and milk products to pupils attending educational establishments as established by the Council Regulation and the Commission Regulation and administered in Great Britain by the Board;

• “key stage 2” (“cyfnod allweddol 2”) has the meaning given to it by section 355 of the Education Act 1996(3);

• “milk equivalent” (“yr hyn sy'n gyfwerth â llaeth”) means the amount specified in Article 5(2) of the Commission Regulation as representing the equivalent milk content of certain milk products;

• “national aid” (“cymorth gwladol”) means aid granted by the National Assembly under these Regulations pursuant to Article 14(2) of the Council Regulation;

• “the National Assembly” (“y Cynulliad Cenedlaethol” ) means the National Assembly for Wales;

• “nursery education” has the meaning given to it by section 117 of the School Standards and Framework Act 1998(4);

• “primary education” (“addysg gynradd”) has the meaning given to it by section 2(1) of the Education Act 1996;

• “qualifying educational establishment” (“sefydliad addysgol cymwys” ) means an establishment which provides primary education and which is registered either directly or through its local education authority or other organisation, with the Board, for the purposes of participating in the European Community subsidy scheme;

• “qualifying milk products” (“cynhyrchion llaeth cymwys”) means the milk and milk products listed in the Annex to the Commission Regulation as products eligible for Community aid; and

• “the residual costs” (“y costau gweddilliol” ) means the costs of supply, incurred by a purchaser in connection with the supply of qualifying milk products to a qualifying educational establishment, less any Community aid and national aid calculated by reference to Regulation 4(2)(d), that may be granted in respect of that supply.

(2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(3) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.

(1)

OJ No. L311, 12.12.2000, p.37.

(2)

OJ No. L160, 26.6.1999, p.48.

(3)

1996 c. 56.

(4)

1998 c. 31