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     4. For article 8 (returns and information) there shall be substituted the following article - 

" Returns and information
     8.  - (1) Subject to paragraph (4), the Council may require any registered producer to furnish such returns and information relating to activities carried out as part of his business and comprised in the industry as appear to the Council to be required for the exercise of any of their functions.

    (2) Paragraph (3) applies where the Council, pursuant to paragraph (1), requires any Case B producer to make a return to the Council for any production year within one month after the end of that production year.

    (3) Where a Case B producer fails to make a return within the period mentioned in paragraph (2), the following procedure shall apply - 


(a) the Council shall make an estimate of the producer's milk production in the relevant production year by reference to information which is available to the Council concerning the extent of that production;

(b) where such information is not available to the Council, they shall make an estimate of the extent of the producer's milk production by reference to the quota registered in his name on 31st March in the production year pursuant to the Dairy Produce Quotas Regulations 2002[5], the Dairy Produce Quotas (Wales) Regulations 2002[6] or the Dairy Produce Quotas (Scotland) Regulations 2002[7], and any other relevant information which is available to the Council;

(c) where an estimate is made under sub-paragraph (b), the amount of the estimate may be increased by up to 10% where it appears to the Council that the total milk production in the United Kingdom in the production year may exceed the total quota registered in that year pursuant to the Regulations referred to in sub-paragraph (b) above and the Dairy Produce Quotas Regulations (Northern Ireland) 2002[8];

(d) the Council shall then give the producer notice in writing - 


(i) that they have made such an estimate and the amount of it; and

(ii) that the amount of the estimate, increased (in accordance with sub-paragraph (c)) by up to 10% where an estimate is made under sub-paragraph (b), may, if the producer fails to make a return within 28 days of the date of the notice, be treated as his return for the production year;



(e) the producer may within 28 days of the date of the notice make a return and the Council will accept this as his return;

(f) if the producer fails to make such a return within 28 days of the date of the notice, then the amount of the estimate, or the amount of the estimate increased (in accordance with sub-paragraph (c)) by up to 10% where an estimate is made under sub-paragraph (b), may, if the Council so decides, be treated as his return.



    (4) The Council shall not exercise the powers conferred upon them under this article generally as regards the industry or any section thereof unless the Ministers have consented to such exercise and have approved the form in which the returns or other information will be required to be furnished.

    (5) In this article, a "Case B producer" means a producer liable to pay a charge to the Council in accordance with article 9(2)(b)."

Saving
     5. Notwithstanding the provisions of this Order, the provisions of the principal Order in force prior to the coming into force of this Order shall continue to apply in relation to any charge payable by producers in respect of any period ending on or before 31st March 2004.


Whitty
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

9th March 2004


D. Elis-Thomas
Signed on behalf of the National Assembly for Wales

30th March 2004



We consent


Allan Wilson
A member of the Scottish Executive

10th March 2004

[2] In respect of the Secretary of State, by virtue of S.I. 1955/554, 1978/272, 1999/672, 3141 and 2002/794; in respect of the National Assembly for Wales, by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) ("the 1999 Order"), in so far as they are exercisable in relation to Wales. The Milk Development Council is a cross-border body as defined in Schedule 3, paragraph 3(2), to the Government of Wales Act 1998 (c. 38). By virtue of article 2(c) of the 1999 Order, functions under the Industrial Organisation and Development Act 1947 which are exercisable in relation to a cross-border body, and which cannot be specifically exercised in relation to Wales, are exercisable by the National Assembly for Wales in relation to that body concurrently with the specified Minister of the Crown.back

[3] By the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319), made under section 88(5) of the Scotland Act 1998 (c. 46), the Milk Development Council was specified as a cross-border public authority for the purposes of that Act. By article 3 of, and paragraph 3 of Schedule 17 to, the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) it was provided, in respect of any function exercisable by a Minister of the Crown under the Industrial Organisation and Development Act 1947 to modify the Milk Development Council Order 1995 (S.I. 1995/356), that the Secretary of State for Scotland should cease to be such a Minister of the Crown, and that any such function should now be exercisable only with the consent of the Scottish Ministers.back

[4] S.I. 1995/356 as amended by S.I. 2000/878.back

[5] S.I. 2002/457.back

[6] S.I. 2002/897 (W.103).back

[7] S.S.I. 2002/110 as amended by S.S.I. 2002/228.back

[8] S.R. (NI) 2002 No 88.back

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