Paragraph 43

(1)

For the purposes of this paragraph, a provision is a qualifying provision if—

(a)

it imposes an absolute prohibition on the effecting of any description of transaction, other than a transfer, with respect to any property or rights of a milk marketing board, or of a subsidiary of such a board, and

(b)

the prohibition which it imposes is imposed for purposes other than public purposes.

(2)

Where an approved scheme—

(a)

identifies a qualifying provision as one to which this paragraph applies, and

(b)

specifies one of the relevant bodies as the body against which any claim under paragraph 44 below, in relation to the identified provision, is to be made,

that provision shall, subject to any provision of regulations under sub-paragraph (3)(c) below, be treated as not applying in the case of a transaction effected under the scheme.

(3)

The appropriate authority may make regulations—

(a)

with respect to the giving of notice of a provision of an approved scheme which identifies a qualifying provision as one to which this paragraph applies,

(b)

with respect to the giving by the authority of a certificate of compliance in relation to the giving of notice under paragraph (a) above, and

(c)

excluding sub-paragraph (2) above where no certificate of compliance under paragraph (b) above has been given at the time that a transaction is effected.

(4)

Sub-paragraph (2) above shall not apply in the case of a provision which is formulated specifically with reference to the possibility of the undertaking of a milk marketing board being transferred otherwise than to a board constituted by a scheme under Part I of M1the Agricultural Marketing Act 1958.

(5)

In sub-paragraph (2)(b) above, the reference to the relevant bodies is to—

(a)

the milk marketing board to which the scheme relates, and

(b)

the body or bodies to which property, rights or liabilities of that board are, under the scheme, to be transferred under section 11 above.

(6)

In sub-paragraph (3) above, “appropriate authority” means—

(a)

in the case of an approved scheme relating to the England and Wales Milk Marketing Board, the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, and

(b)

in any other case, the Secretary of State.

(7)

For the purposes of this paragraph, any provision which has the effect of penalising the effecting of a description of transaction shall be treated as prohibiting it.

Annotations

Marginal citations

M1: 1958 c. 47.