The Aberdeen and District Milk Marketing Scheme (Amendment) Approval Order 1987

Article 2

SCHEDULE AMENDMENTS TO THE SCHEME

The Aberdeen and District Milk Marketing Scheme 1984 shall be amended as follows:–

1.  In section 3, after the words “these Counties” there shall be added the following:–

“(hereinafter referred to as “the area”)”.

2.  In section 4, for subsections (2) to (4)(b) inclusive there shall be substituted the following:–

“(2) Composition of the Board

(a) Subject to the provisions of paragraph (e) hereof with regard to transitional arrangements andsubsection (6) hereof with regard to the filling of casual vacancies, the Board shall consist ofnine members elected in accordance with subsection (4) hereof and two members appointedby the Minister in accordance with paragraph (2)(1)(b) of Schedule 2 to the Act;

(b) Of the nine elected members, eight shall be representatives of registered ordinary producersin the area and one a representative of registered producer-retailers in the area;

(c) Each member of the Board shall retire from office on the day prior to the day of election ofmembers to the Board in the fourth year after he is elected but, subject to the provisions ofparagraph (e) hereof and subsection (3) hereof, shall be eligible for re-election. For thepurpose of this paragraph any member appointed to fill a casual vacancy shall be deemed tohave been elected on the date of election of the member whom he succeeds;

(d) The day of election of members of the Board shall be the day of the Annual General Meetingin each year;

(e) Notwithstanding the provisions of paragraphs (a) and (b) hereof, the number of electedmembers of the Board serving immediately prior to 1st May 1987 is thirteen of whom nineare representatives of registered producers and four are representatives of registered producer-retailers (hereinafter referred to as “the sitting members”). Until the number of the sittingmembers representing registered producers or producer-retailers is reduced to the numberof such representatives respectively specified in paragraph (b) hereof, as the consequence ofany of the provisions of paragraph (c) and subsection (6) and (7) hereof, no member shallbe elected to fill any vacancy or any casual vacancy which may thereby arise.

(3) Nomination of candidates

(a) Before each Annual General Meeting the Board shall give notice to every registered producerof any vacancy in the membership of the Board due to be filled at the Annual GeneralMeeting, the address at which the Board are prepared to receive nominations and the last date(hereinafter called “the closing date for nominations”) on which the Board are prepared toreceive them, provided that the period between notification as aforesaid and the closing datefor nominations shall be not less than twenty days;

(b) Persons nominated to represent ordinary producers shall be registered ordinary producers orregistered producer-retailers;

(c) No person shall be nominated to represent producer-retailers other than a registered producer-retailer;

(d) For the purpose of nominations and elections, a producer-retailer is defined as a person whohas sold by retail, semi-retail or wholesale during the 12 months ending on the preceding 31stMarch at least one half of the total milk production of that person’s registered farm. Aproducer-retailer who has sold to the Board more than half of the total milk produced on theregistered farm during the same period shall be deemed to be an ordinary producer;

(e) Nominations to represent either ordinary producers or producer-retailers shall be made inwriting. Each nomination must be signed by at least three registered producers of the samecategory as that in which the vacancy occurs;

(f) Forms for the nominations of candidates shall be available on request from the Secretary ofthe Board and must be lodged at the Board’s head office by fifteen hundred hours on the closingday for nominations specified in the form;

(g) If at the end of the third day after the closing date for nominations there is no duly nominatedcandidate for a vacancy, the Board shall nominate a candidate for that vacancy.

(4) Election of Members

(a) Every registered producer shall have one vote in respect of each vacancy: provided that–

(i) a vacancy for an ordinary producer shall only be voted upon by ordinary producers; and

(ii) a vacancy for a producer-retailer shall only be voted upon by producer-retailers;

(b) Subject to the provisions of subsection (4)(g) hereof, the Board shall, not later than twentydays before the Annual General Meeting, send to every registered producer entitled to votein the election a voting paper stating the names of the duly nominated candidates, the addressto which the voting paper is to be sent and the date (not being less than fifteen clear days afterthe despatch of the voting paper) by which the completed voting paper is to be received bythe Board;”

3.  In section 6, subsection (2), for the words “six members” there shall be substituted the words:–

“four members, but until the number of elected members has fallen to nine as a consequence ofthe provisions of section 4, subsection (2), paragraph (e), the quorum shall be six members present”.

4.  In section 7, for subsection (3) there shall be substituted the following subsection:–

“(3) The Board shall delegate to the Executive Committee all the functions of the Board underthis Scheme except their functions under sections 2 to 52 and Schedules (1) to (4) (inclusive) ofthis Scheme: provided that the Board may at their discretion so delegate all or any of the saidexcepted functions other than a power to impose penalties and any power in connection with theborrowing of money.”.