The Milk Marketing Board (Dissolution) Order 2002

Statutory Instruments

2002 No. 128

AGRICULTURE, ENGLAND AND WALES

The Milk Marketing Board (Dissolution) Order 2002

Made

29th January 2002

Coming into force

31st January 2002

Whereas the Minister of Agriculture, Fisheries and Food (“the Minister”) and the National Assembly for Wales—

(a) are satisfied that the Milk Marketing Board (“the Board”) has carried out all the functions, as set out in regulation 4(1) of the Milk Marketing Board (Residuary Functions) Regulations 1994(1), that remained to it;

(b) have been given notice by the Board that it has wound up its affairs; and

(c) have consulted the Board;

Now therefore, the Minister and the National Assembly for Wales, acting jointly (the National Assembly for Wales acting only in relation to Wales), in accordance with the requirements of section 14(5) of the Agriculture Act 1993(2), hereby make the following Order—

Title and commencement

1.  This Order may be cited as the Milk Marketing Board (Dissolution) Order 2002, and shall come into force on 31st January 2002.

Dissolution of the Milk Marketing Board

2.  On 31st January 2002 the Milk Marketing Board shall be dissolved.

Signed on behalf of the National Assembly for Wales:

Jenny Randerson

Minister for Culture, Sports and the Welsh Language

25th January 2002

Whitty

Parliamentary Under-Secretary of State,

Department for Environment, Food and Rural Affairs

29th January 2002

Explanatory Note

(This note is not part of the Order)

In accordance with section 14(5) of the Agriculture Act 1993 (“the Act”), this Order dissolves the Milk Marketing Board (“the Board”). The Order comes into force on 31st January 2002.

The Board was constituted by Part II of the Schedule to the Milk Marketing Scheme (Approval) Order, 1993 (S.R. & O. 1933/789, amended by S.R. & O. 1936/767, 1937/228, 744, 1939/324 and S.I. 1950/1029, 1955/946, 1969/1812, 1977/900, 1979/249, 1981/323, 864, 1984/1330, 1986/83, 1987/735, 1988/132, 1992/3142, to administer the Milk Marketing Scheme 1933 (“the Scheme”) approved under the said Order of 1933. The Scheme was revoked by section 1 of the Act, as read with the Milk Marketing Scheme (Substitution of Date of Revocation) Order 1994 (S.I. 1994/282) and the Milk Marketing Scheme (Certification of Revocation) Order 1994 (S.I. 1994/2921).

By virtue of section 13 of the Act, the Board was not deemed to be dissolved by reason of the revocation of the Scheme but, further to the Milk Marketing Board (Residuary Functions) Regulations 1994 (S.I. 1994/2759) made under sections 14 and 62 of the Act, was preserved in residuary form together with so much of the Scheme as related to the winding up of the Board until such time as it might be dissolved by order under section 14(5) of the Act. The residuary Board has now carried out the functions that remained to it (being confined to those set out in the Milk Marketing Board (Residuary Functions) Regulations 1994), and has given notice to the Minister and the National Assembly for Wales that it has wound up its affairs.

No regulatory impact assessment has been prepared in respect of this Order.

(1)

S.I. 1994/2759, amended by S.I. 2001/3507.

(2)

1993 c. 37. The expression “the appropriate authority” is defined in section 24(2)(a) of that Act, in the case of a milk marketing board whose area is in England and Wales and in relation to things done by that authority, as the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly. The functions of the Secretary of State were transferred, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The residual joint functions of the Secretary of State in relation to England were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141).