SCHEDULE
Milk Marketing Scheme
under the Agricultural Marketing (Jersey) Law 1953
PART 1
PRELIMINARY
1
This Scheme may be cited
as the Milk Marketing Scheme 1954, and applies to the Island of Jersey.
2
(1) In
this Scheme, unless the context otherwise requires, the following expressions
shall have the meanings respectively assigned to them, that is to say –
“Law” means
the Agricultural
Marketing (Jersey) Law 1953;
“milch cow”
means a cow kept for milking purposes whether dry or in milk, but does not
include a heifer which has never calved;
“milk” means
cow’s milk produced in Jersey;
“milk product”
means any article wholly or partly manufactured or derived from milk;
“pot” means
half a gallon;[2]
“prescriptive
resolution” means a resolution of the Board embodying a determination of
the Board and which is recorded in the record provided for in paragraph 60 of
this Scheme;
“producer”
means a person who is a producer of milk or who is a producer of milk and any
milk product;
“registered”
means registered under the provisions of the Law for the purposes of this
Scheme and “registration” shall be construed accordingly;
“regulated produce”
means milk or any milk product;
“Secretary”
includes any person for the time being authorized by the Board to act as its
Secretary.
(2) The
Interpretation
(Jersey) Law 1954, applies to the interpretation of this Scheme as it
applies to the interpretation of an enactment.
PART 2
THE BOARD
3
The Board to administer
this Scheme shall be called the Jersey Milk Marketing Board, and is hereinafter
in this Scheme referred to as the “Board”.
4
Subject to the provisions
of this Scheme as to the filling of casual vacancies, the Board shall consist
of 9 members elected by the registered producers and of 4 persons appointed by
the Minister.[3]
5
The Board –
(1) shall
elect from amongst its members a chairman and vice-chairman, both of whom shall
(provided that they remain members of the Board) hold office until the
expiration of the day on which the next election of elected members of the Board
takes place;
(2) may
employ a secretary and such other officers, agents and servants as it thinks
fit;
(3) shall
have an office at which communications and notices will at all times be
received, and shall notify the Minister of the address of that office and of
any change in that address;
(4) may
enter into such agreements, acquire such property and do such things as may, in
its opinion, be necessary or desirable for the purposes of exercising any of
its powers or performing any of its duties under this Scheme, and may sell or
otherwise dispose of any property acquired by it which it does not need for
such purposes.
6
The Board may pay to any
member of the Board any such travelling and out-of-pocket expenses as have, in
the opinion of the Board, been reasonably incurred by the member in connection
with the business of the Board, and shall also pay to the members of the Board
such remuneration (if any) as may be determined annually by the registered
producers in general meeting.
ELECTION OF MEMBERS
7
An election of members
shall be held each year on such day as the Board may fix during the 3 months
immediately following the end of the Board’s financial year in each year.
Each member so elected shall hold office until the end of the day on which the
election of members is completed in the third calendar year after that in which
the member was elected. [4]
VACANCIES
8
An elected member of the Board
shall cease to hold office –
(1) if
the member delivers to the Board a written resignation of the member’s
office, and the resignation is accepted by the Board or, if not so accepted, is
not withdrawn within 7 days;
(2) if,
under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016, a delegate is appointed in
relation to the member;[5]
(3) if
the member becomes bankrupt or enters into a composition or arrangement with the
member’s creditors or appoints an attorney without whom the member may
not act in matters real or personal;
(4) if
the Board by resolution declares that the member has been absent without
reasonable excuse from 4 consecutive meetings of the Board or from one half of
the meetings held in any period of 6 months;
(5) if
the member is convicted of any offence under Article 23 of the Law; or
(6) if
the member ceases to be a registered producer.[6]
9
(1) Where
an elected member dies or ceases to hold office under paragraph 8, a new member
shall be elected in the member’s place at the next annual election of
members and a new member so elected shall hold office until the time at which
the first-mentioned member would regularly have retired.
(2) Where
such a vacancy occurs within 6 months after the date of the last annual
election, the Board may co-opt any registered producer to fill that vacancy
until the day of the next annual election.
10
A retiring member of the Board
or a member who resigns his or her office shall be eligible for election or
re-election.
QUORUM
11
The quorum of the Board
shall be 60% of its members for the time being, and the Board shall have power
at all times to act notwithstanding any vacancy in its number.[7]
EXECUTIVE COMMITTEE
12
(1) The
Board shall appoint from among its members an Executive Committee consisting of
5 members, 3 of whom shall be persons appointed by the Minister in pursuance of
paragraph 4 and nominated by the Minister for membership of the Executive Committee;
and the Board shall delegate to the Executive Committee all its functions under
this Scheme except its functions under paragraphs 5, 7, 8, 9, 11, 13, 23, 25,
28, 33, 37, 41, 42, 43, 44 and 51.[8]
(2) The
quorum of the Executive Committee shall be 3.
(3) The
Board may appoint from among its members alternate members of the Executive Committee
and a member of the Executive Committee may authorize any such alternate member
to attend meetings of the Executive Committee in the member’s stead
during the member’s absence from Jersey or whenever the member is unable
to act as a member of the Executive Committee and may delegate to any such
alternate member the exercise on the member’s behalf of all or any of the
member’s rights as a member of the Executive Committee, provided that any
such authority shall be in writing and may be given in respect of a particular
meeting or in respect of all meetings until the authority expires or is
revoked.
COMMITTEES
13
(1) The
Board may appoint Committees from among its members and, subject to the
provisions of the Scheme with respect to the application of the Common Seal of
the Board, may delegate to any Committee so appointed any of its powers except
a power to impose penalties or a power in connection with the borrowing of
money.
(2) The
quorum of every Committee of the Board (except the Executive Committee) shall
be such number as the Board may fix for that Committee and every such Committee
shall report its proceedings to the Board and shall comply with the directions
of the Board and shall not hold office beyond the next election of elected
members of the Board.
MEETINGS
14
The Secretary shall
convene a meeting of the Board on the request of the Chairman or of the Executive
Committee or on the written request of a majority of members of the Board.[9]
15
Questions arising at any
meeting of the Board or of a Committee thereof shall be decided by a majority
of the votes of the members present and, if at any such meeting the votes are
equally divided on any question, the Chairman of the meeting shall, for the
purpose of deciding that question, have a second or casting vote.
16
All acts done at any
meeting of the Board or of any Committee thereof shall, notwithstanding that it
is afterwards discovered that there was some defect in the appointment,
election or qualification of a person purporting to be a member of the Board or
of the Committee, or that a member of the Board had voted upon any question
upon which the member was not entitled to vote, be as valid as if that defect
had not existed or such member had been entitled to vote.
17
Minutes shall be kept of
the proceedings of the Board and of every Committee thereof, and any such
minutes shall, if signed by a person purporting to have acted as Chairman of
the meeting to which the minutes relate or of a meeting at which they were
read, be evidence of the proceedings at the first mentioned meeting, and the
meeting to which any such minutes relate shall be presumed, until the contrary
is proved, to have been regularly convened and constituted.
18
For the purpose of any
proceedings a copy, purporting to be certified in writing by the Chairman or
Vice-Chairman of the meeting or the Secretary of the Board to be a true copy of
the minutes or of any part of the minutes of any meeting of the Board or of any
Committee of the Board, shall be evidence of such proceedings of the said
meeting as such minutes or part of the minutes purport to relate to, and until
the contrary is proved, the meeting shall be presumed to have been regularly
convened and constituted.
THE SEAL
19
The Common Seal of the Board
shall not be applied to any document authorized by the Executive Committee
under its powers under paragraph 12 except by the authority of the Executive Committee,
and the application of the Seal shall be attested by the Chairman, and at least
one other member and by the Secretary of the Executive Committee; and, except
as hereby provided, it shall not be applied to any document except by the
authority of the Board, and the application of the Seal shall be attested by
the Chairman, or Vice-Chairman, and at least one other member of the Board and
by the Secretary.
CONTRACTS
20
Any contract or
instrument which, if entered into or executed by a person not being a body
corporate, would not be required to be under seal, may be entered into or
executed on behalf of the Board by any person authorized by the Board in that
behalf, either generally or specially.
21
No contract to which the Board
is a party shall be avoided by reason only that a member of the Board is also a
party thereto or is interested therein, and a member of the Board who is a
party to or interested in such a contract shall not, by reason only that the person
is a member of the Board, be liable to account to the Board for any profit
realized by the member by reason of the contract; but a member of the Board
must forthwith disclose to the Board any interest which the member has or
acquires in any contract to which the Board is a party. If such interest in the
opinion of the other members of the Board in any way conflicts with the
member’s duty as a member of the Board the member shall not vote upon any
question relating to the contract and, if the member does vote, his or her vote
shall not be counted:
Provided that a member of
the Board shall not be precluding from voting on a question relating to the
general policy of the Board with respect to any matter by reason only that the
determination of that question will or may affect contracts which have been, or
may thereafter be, entered into by the member with the Board.
PART 3
FINANCIAL PROVISIONS
22
There shall be
established a fund (in this Scheme referred to as the “fund”) which
shall be administered and controlled by the Board. All moneys received by the Board
shall be paid into the fund, and any moneys required by the Board for the
operation of this Scheme shall be paid out of the fund. Any moneys for the time
being standing to the credit of the fund may be left on current or deposit
account in any bank or invested in any securities which the Board may think
fit.
23
The Board may by
resolution require every registered producer to contribute to the fund a sum
not exceeding one penny in respect of every pot of milk delivered by the
registered producer to the Board during such period as shall be prescribed in
such resolution. Every such sum shall be recoverable by the Board as a civil
debt.[10]
24
The Board may, for the
purpose of exercising any of its functions under this Scheme, borrow money in
such manner, on such terms, and on such security, as may be arranged by it with
the person from whom the money is borrowed.
25
(1) The
Board shall keep proper accounts and in particular shall annually make out a
balance sheet and either a profit and loss account or, if the Board does not
trade for profit, an income and expenditure account, and shall cause them to be
audited by a member, or firm of accountants containing a member, of the
Institute of Chartered Accountants in England and Wales, the Society of
Incorporated Accountants and Auditors, the Society of Accountants in Edinburgh,
the Institute of Accountants and Actuaries in Glasgow, the Society of
Accountants in Aberdeen, the Association of Certified and Corporate Accountants
Limited or the Institute of Chartered Accountants in Ireland appointed by the
registered producers in general meeting and, as soon as may be after the
auditor has reported thereon, and in any case within 3 months from the close of
the period covered by the profit and loss account or income and expenditure
account, as the case may be, the Board shall furnish to the Minister and to
every registered producer a copy of the account and balance sheet and of the
report of the auditor thereon, and also a report by the Board as to the working
of this Scheme in the period covered by the profit and loss or income and
expenditure account together with a statement as to the manner in which any
moneys of the Board have been invested.
(2) The
Board shall, on the demand of any person and on payment by the person of such
fee, not exceeding £1, as may be fixed by the Board, furnish the person
with a copy of any one of its balance sheets.[11]
26
A person or firm other
than a retiring auditor or auditors shall not be capable of being appointed
auditor or auditors by the registered producers in general meeting unless
notice of intention to nominate that person or firm to the office has been
given by a registered producer to the Secretary of the Board not later than the
fourteenth day before the meeting.
PART 4
PRINCIPAL POWERS OF THE BOARD
27
The provisions of this Part
and of paragraph 23 shall come into force at the expiration of the suspensory
period, that is to say, at the expiration of a period of one month commencing
on the date on which the result of the initial poll is declared to be
favourable to the coming into force of this Scheme.
EXEMPTIONS
28
There shall be exempt
from the operation of this Part –
(a) all
sales of milk by a producer to any of the producer’s farm or domestic
servants for consumption in that servant’s household; and
(b) producers
or sales of such classes or descriptions (if any) as may from time to time be
determined by prescriptive resolution of the Board.
PROHIBITION OF SALES BY
UNREGISTERED PRODUCERS
29
Subject to the provisions
of the Law with regard to existing contracts and to the provisions of this Part
of this Scheme, a producer who is not a registered producer shall not sell any
regulated produce either in Jersey or elsewhere.
GENERAL POWER TO REGULATE
MARKETING
30
Subject to the provisions
of paragraph 28, the Board may regulate sales of any regulated produce by any
registered producer by determining by prescriptive resolution all or any of the
following matters, that is to say, the quality of such produce which may be
sold, and the prices at, below or above which, and the terms on which, such
produce may be sold by registered producers:
Provided that the Board
shall at no time determine the price at, below or above which any regulated
produce may be sold without having first invited the opinion of the Minister
and given consideration to that opinion as communicated to the Board within 28
days of such invitation.
31
The Board may regulate
the manner in which any regulated produce is to be graded, marked, stored,
adapted or transported, for sale by or on behalf of registered producers.[12]
32
Subject to the provisions
of paragraph 28, the Board may by prescriptive resolution require registered
producers to sell any regulated produce, or such kind or description thereof as
may from time to time be determined by the Board, only to or through the agency
of the Board or to or through the agency of such persons as may be authorized
by the Board for that purpose and, in such a case, the Board may determine the
times at which, the days on which and the places at which delivery of such
produce shall be made by registered producers or any of them.
33
If any registered
producer contravenes any requirement made by the Board under paragraph 30, 31
or 32, the Board shall, subject to the provisions of paragraph 41, by
resolution impose upon and recover from the registered producer such monetary
penalty as the Board thinks just.[13]
MISCELLANEOUS POWERS
34
The Board may –
(1) buy
any regulated produce;
(2) produce
from milk any products or by-products;
(3) sell,
grade, pack, store, adapt for sale, insure, advertise and transport any
regulated produce;
(4) buy
and sell or let for hire to any registered producer, anything required, and to
be utilized by the registered producer wholly or mainly, for the production,
adaptation for sale or sale of any regulated produce;
(5) co-operate
with any other person in doing any of the things which the Board is empowered
to do by virtue of the foregoing provisions of this paragraph;
(6) encourage,
promote or conduct schemes of co-operation among producers of any regulated
produce, or research and education in connection with the production and
marketing of any regulated produce.
DISTRIBUTION AND
CONTRIBUTION OF MONEYS
35
(1) In
any case where a registered producer is required to sell any regulated produce,
or any kind or description thereof, only to or through the agency of the Board,
or to or through the agency of such persons as may be authorized by the Board
for that purpose, the Board shall ensure that the purchase price of that
produce, or of that kind or description thereof, shall be paid to the
registered producer not later than the twentieth day of the month next
following the accounting period in which the regulated produce, or that kind or
description thereof, was sold.
(2) For
the purposes of this paragraph, the Board shall, during the month of November
in each year, fix the accounting periods (not being less than 12 in number) for
the following year and shall notify all registered producers accordingly.[14]
36
(1) The
Board shall from time to time determine what proportion of profits (if any)
made by the Board shall be retained in the fund and what proportion shall be
distributed to the registered producers.
(2) Whenever
the Board shall determine that profits shall be distributed to the registered
producers such distribution shall be made in proportion to the respective
quantities of milk sold by individual registered producers during the period in
which the profit was made.
37
When any trading loss is
made by the Board, the Board may from time to time determine by prescriptive resolution
that the amount of money so lost shall be contributed to the Board by the
registered producers in proportion to the respective quantities of milk sold by
individual registered producers during the period in which the loss was made
and the amount to be so contributed by any registered producer shall be
recoverable by the Board as a civil debt.
SURPLUS FUNDS
38
The Board may set aside
reserves and may utilise such reserves in the operation of this Scheme in such
manner as the Board may think fit; but subject thereto any moneys standing to
the credit of the fund which, in the opinion of the Board, are not
distributable under the provisions of paragraph 36 after meeting the Board’s
administrative and other expenses and losses (if any) shall be distributed in
such manner as may be determined by a resolution passed at a general meeting of
registered producers.[15]
39
The Board may, whenever
it considers it necessary for the operation of this Scheme so to do, serve on
any registered producer a demand in writing requiring the registered producer
to furnish to the Board such estimates, returns and other information relating
to any regulated produce as may be specified in the demand and if, without
reasonable excuse, the registered producer fails to comply with the demand, or
if the registered producer knowingly makes any false statement in reply
thereto, then, subject to the provisions of paragraph 41, the Board shall by
resolution impose upon and recover from the registered producer such monetary
penalty as the Board thinks just.[16]
40
Any person authorized in
writing by the Board may, for the purpose of securing compliance with this
Scheme, enter and inspect, at any reasonable time and on production of the person’s
authority, any part of the land or premises occupied by a registered producer
(being a producer specified in the authority) which the person so authorized
has reason to believe is used for producing or otherwise dealing with any
regulated produce; and the registered producer shall afford reasonable
facilities for such entry and inspection and for sampling. If any registered
producer wilfully obstructs in the carrying out of the person’s duties
any person authorized under this paragraph, the Board shall, subject to the
provisions of paragraph 41, by resolution impose upon and recover from that
registered producer such monetary penalty as the Board thinks just.
PROVISIONS AS TO PENALTIES
41
The following provisions
shall have effect with respect to the imposition of penalties by the Board on
registered producers under the foregoing provisions of this Part of this Scheme
and with respect to the recovery of such penalties –
(1) No
penalty shall be so imposed in respect of any act or omission which constitutes
an offence under any enactment other than the Law nor until the registered
producer has had a reasonable opportunity of being heard by the Board;
(2) No
penalty shall exceed £25 for each offence or, in the case of a continuing
offence, £25 together with a further £10 for each day on which the
offence is continued;
(3) Notice
of the time and place of any such hearing and a written statement of the charge
against the registered producer in question shall be served personally or by
registered post on that producer at least 14 days before the hearing;
(4) No
penalty shall be imposed for any contravention which occurred more than one
year before the serving of the written statement of the charge;
(5) Where
a written statement of a charge against a registered producer has been sent to
or served on the registered producer as aforesaid and the charge is withdrawn
or is not substantiated, the Board shall have power to make to the registered
producer, in respect of the registered producer’s costs in connection
with the charge, such payment as may be determined by the Board;
(6) Every
penalty so imposed shall, subject as hereinafter provided, be recoverable by
the Board as a civil debt;
(7) Immediately
on the passing of any resolution by the Board imposing a penalty, notice of the
resolution shall be sent to the registered producer in question and the
registered producer may, within one month from the day on which the notice was
so sent to the registered producer, in writing require the Board to refer the
matter to the Inferior Number of the Royal Court, and in such a case the Board
shall so refer the matter. In any case where a matter is so referred, no
proceedings shall be taken by the Board otherwise than for the purposes of the
reference or of enforcing the award of the Court.[17]
PART 5
GENERAL MEETINGS OF
REGISTERED PRODUCERS
42
The Board may convene
general meetings of registered producers at such places and times as it may
determine and the Board shall convene a general meeting of registered producers
to be held within 15 days of delivery to the office of the Board of a
requisition, signed by not less than 25 registered producers, stating clearly
the purpose for which the meeting is to be convened.
43
The chairman of every
meeting of registered producers shall be appointed by the Board:
Provided that if the person
appointed by the Board to be chairman is not present within 15 minutes after
the time appointed for the holding of the meeting those members of the Board
present shall choose a chairman.
44
(1) At
least 10 days before the day fixed for the holding of a meeting of registered
producers, the Board shall send to every registered producer who is entitled to
vote at the meeting a written notice stating:
(a) the
time and place appointed for the holding of the meeting;
(b) the
business to be transacted;
(c) in
the case of a general meeting at which an election is to take place that
nominations of candidates must be received at the office of the Board 6 clear
days before the date of the meeting.
(2) A
list of the names and addresses of candidates duly nominated shall be published
before the date of the meeting in the Jersey Gazette, and shall also be posted
in a conspicuous position inside the office of the Board throughout the 3 days
immediately preceding the date of the meeting.[18]
45
All nominations shall be
made in the following form or in such other form as the Board may accept or
determine –
“To the Secretary,
The Jersey Milk Marketing Board.
|
SIR,
|
|
I (name of
proposer)......................................................................
of
(address)............................................................................................propose
and I (name of seconder)................................................. of
(address)............................................................................................
second the nomination of ........................... (name of candidate)
.......................................................................................................
of (address)............................................................................................to
be a member of the Board.
|
|
Signature of
proposer........................................................................
|
|
and
seconder.....................................................................................
|
|
I (name of candidate)
........................................................................
accept the above nomination.
|
|
Signature............................................................................................
|
|
Date.................................................................................................”.
|
46
At a meeting of
registered producers no business shall be transacted other than the business of
which notice has been given as aforesaid by the Board.
47
(1) At
any meeting of registered producers, the producers entitled to vote thereat may
vote either personally or, if reasonably unable to attend the meeting by reason
of illness or physical disability or absence from Jersey, by proxy. The
instrument appointing a proxy shall be in writing in such form as the Board may
require. The said instrument shall be deposited at the office of the Board not
later than the end of the third day before the date of the meeting, failing
which the instrument shall be invalid.[19]
(2) No
person other than a registered producer entitled to vote may act as proxy.[20]
(3) No
person may act as proxy for more than one registered producer.
48
(1) Every
question put before a general meeting of registered producers shall be decided
on a show of hands unless, either before or immediately after the show of
hands, a ballot is demanded by the chairman or by or on behalf of not less than
10 registered producers, in which case a ballot shall be taken forthwith.
(2) On
the taking of a ballot, the number of votes to which a registered producer is
entitled (hereinafter referred to as the “standard number of
votes”) shall be in accordance with the quantity of milk sold by the
registered producer to or through the Board in the financial year of the Board
last ended, as follows –
(a) for
each 5,000 pots or part thereof up to a maximum of 60,000 pots ... ... ... ... ... ... ... 1 vote
(b) for
each further 10,000 pots or part thereof up to a maximum of 180,001 pots ... ... ... ... ... ... 1 vote
(A registered producer is
not entitled to votes in respect of milk sold by a ceased registered producer,
notwithstanding that the registered producer has acquired the latter’s
herd).[21]
(3) In
the case of a ballot taken for the election of members of the Board, each
registered producer shall have the standard number of votes multiplied by the
number of persons to be elected, but the registered producer shall not give
more than the standard number of votes in favour of any one candidate.
(4) The
registered producers who are entitled to vote at a general meeting are those
who have attained the age of 18 years and who would be entitled to at least one
vote on the taking of a ballot.[22]
49
A registered producer
being a body corporate may exercise any of its rights at a meeting of
registered producers by a nominee, and registered producers who are in
partnership may exercise any of their rights at such meeting by any one of the
partners, if the Board has received written notice of the appointment of the
nominee or partner not later than 3 days before the date of the meeting.[23]
50
At any meeting of
registered producers, the declaration of the chairman as to the result of any
vote or show of hands shall be final; and in the event of an equality of votes
the chairman shall, in addition to the chairman’s other vote or votes, if
any, have a casting vote.
PART 6
AMENDMENT AND REVOCATION OF
SCHEME AND WINDING-UP OF THE BOARD
51
Before submitting a
substitutional scheme or an amendment of this Scheme to the Minister, the Board
shall publish the proposed scheme or amendment by serving notice thereof on
every registered producer.
52
A poll may be demanded in
writing by not less than one quarter of the registered producers possessing not
less than one quarter of the milch cows possessed in Jersey by all registered
producers –
(a) on
the question whether or not a substitutional scheme or an amendment of this
Scheme shall be submitted to the Minister, within one month from the
publication thereof; and
(b) on
the question whether or not this Scheme shall be revoked, at any time:
Provided that the Minister
may refuse to take a poll on the question whether or not this Scheme shall be
revoked within 3 years of the declaration of the result of a previous poll on
that question.
53
(1) For
so long as the Board shall remain legally entitled so to do, the Board shall
conduct its own winding-up:
Provided that no such
winding-up shall be commenced except following a resolution to that effect
passed by the registered producers in general meeting.
(2) Where,
at the winding-up, the assets of the Board are more than sufficient to
discharge the debts and liabilities of the Board, the surplus shall be
distributed in such manner as the registered producers in general meeting shall
determine.
(3) Where,
at the winding-up, the assets of the Board are not sufficient to discharge the
debts and liabilities of the Board, including the costs of the winding-up, then
every person who was a registered producer during the relevant period, that is
to say –
(a) where
the Scheme has been revoked before the commencement of the winding-up, the year
immediately preceding the revocation of the Scheme; or
(b) where
the Scheme has not been so revoked, the year immediately preceding the
commencement of the winding-up,
shall be liable to
contribute to the deficit an amount proportionate to the maximum number of
milch cows which were in the person’s possession in Jersey at any one
time during the relevant period:
Provided that such
contribution shall not in any case exceed £3 per cow.
(4) Every
contribution payable under sub-paragraph (3) shall be recoverable by the Board
as a civil debt.
PART 7
MISCELLANEOUS
54
Any producer who is
aggrieved by any act or omission of the Board may refer the matter to the
arbitration of an Arbitration Board of not more than 3 persons to be agreed
upon between the producer and the Board or, in default of agreement, to be
nominated by the Minister on the application of either party, and the
Arbitration Board may make such order in the matter as it thinks just and such order
shall be binding on the Board and on the producer.
55
Any registered producer
who satisfies the Board, or establishes by arbitration in accordance with paragraph
54, that the Board has in any respect given an undue preference to any other
registered producer, shall be entitled to receive from the Board such sums by
way of compensation as may be necessary to make good any damage suffered by the
registered producer by reason of the undue preference.
56
Where, by reason of a
registered producer dying, or becoming subject to some legal disability, or
entering into a composition or scheme or arrangement with the registered
producer’s creditors, any property in, or control of, the regulated
producer is transferred from the registered producer to a personal
representative, trustee, delegate, special and general attorney or other person,
such person shall, for all the purposes of this Scheme, be deemed to be a
producer.[24]
57
Any requirement of this
Scheme that a document shall be sent to, or served on, a person by the Board
shall be deemed to have been complied with if, within the period (if any)
limited for the sending or service of the document, the document is despatched to
the person by post, properly addressed and with the postage prepaid.
58
For the purposes of this
Scheme every cow which is for the time being upon premises occupied by a
producer shall, unless the contrary is proved, be deemed to be in the
possession of that producer.
59
(1) The
Minister shall have power to remove from the register of producers, the name of
any producer who has been convicted, on 2 or more occasions, of a contravention
of the provisions of this Scheme.
(2) The
Board shall inform the Minister of any such conviction.
(3) The
Board shall inform the Minister whenever a registered producer ceases to be a
producer and on being so informed the Minister shall remove the name of that
producer from the register.
60
(1) Where
any provision of this Scheme requires that a resolution of the Board shall be a
prescriptive resolution, that resolution shall be recorded by the Board in a
separate record of prescriptive resolutions.
(2) Such
record shall be open for inspection at the office of the Board at any time that
that office is open and any person shall be entitled to be supplied with a copy
of any entry therein on payment of a fee not exceeding one pound in respect of
each prescriptive resolution copied, or to take extracts therefrom for the person’s
own use free of charge.[25]
(3) The
Board shall send to each registered producer a copy of every prescriptive
resolution as soon as practicable after it is made and shall also send to every
registered producer once in every year a list of the prescriptive resolutions
then in force. Such list shall state in respect of each resolution –
(i) the date on which
it was made,
(ii) the
subject matter to which it relates,
(iii) if
any copy of it has been sent in the manner provided in sub-paragraph (4),
the date or other identifying mark appearing on the journal which contains such
copy.
(4) Any
such copy or list as aforesaid may be sent to a registered producer by sending
to the registered producer, free of charge, any journal published by the Board
containing such copy or such list.