# The Milk Marketing Board (Residuary Functions) Regulations 1994, Paragraph 78A


(1) The procedure referred to in paragraph 78(1B) shall operate in accordance with the remainder of this paragraph, and the remuneration of the members of the Board shall be regarded as determined in accordance with that procedure when specified in a proposal approved under this paragraph.
(2) The Board shall prepare a proposal for such remuneration as they shall have determined is appropriate and shall bring it to the attention of registered producers as provided for in paragraph 80.
(3) Any registered producer may make an alternative proposal for the remuneration of the members of the Board (in this paragraph referred to as a “qualifying alternative proposal”) provided that it is–
(a) supported by the signatures of persons representing no less than one per cent of all registered producers, and
(b) lodged in writing with the Board not later than the seventh day before the day fixed for the holding of the annual general meeting.
(4) The Board shall bring all qualifying alternative proposals to the attention of registered producers by publishing notice of them as soon as is reasonably practicable before the day fixed for the holding of the annual general meeting in the London Gazette and in one or more newspapers or journals circulating in England and Wales.
(5) The chairman of the meeting shall submit the Board’s proposal for the remuneration to the meeting for a vote and if (in accordance with the voting rules contained in this Part of the Scheme) it is not approved, he shall, subject to sub–paragraph (7) below, submit any qualifying alternative proposal to the meeting for a vote.
(6) If (in accordance with the voting rules contained in this Part of the Scheme) any qualifying alternative proposal submitted to the meeting is not approved, the chairman of the meeting shall, subject to sub–paragraph (7) below, submit another qualifying alternative proposal (if any) to the meeting for a vote.
(7) In determining in which order to submit the qualifying alternative proposals (if there are more than one) to a vote, the chairman’s discretion shall be absolute.
(8) Without prejudice to the provisions set out in this Part of the Scheme for the adjournment of any general meeting or the demanding of a formal vote, the procedure described in sub–paragraph (6) above shall continue until–
(a) a qualifying alternative proposal has been approved, or
(b) all the qualifying alternative proposals have been rejected.
(9) Where a qualifying alternative proposal has been approved, the Board may no later than the twenty–eighth day after the date of that approval apply to the Minister for the Minister to substitute in place of the remuneration for the members of the Board specified in the approved proposal such remuneration as the Minister considers to be at a level below which it would not be reasonable to expect the functions exercisable by the members of the Board to be discharged efficiently, and on receipt of such an application by the Minister–
(a) the Minister shall proceed, taking such steps in doing so as he thinks fit, to determine that level of remuneration (whether higher than, lower than or equal to the remuneration specified in the approved proposal), and
(b) the level of that remuneration so determined shall be treated for the purposes of this Scheme to be the remuneration specified in the approved proposal at the time the proposal was approved.

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Source: https://www.legislation.gov.uk/uksi/1994/2759/schedule/3/paragraph/78A (the official version)
Page: https://openlegislation.uk/milk-marketing-board-residuary-functions-regulations-1994/schedule-3/paragraph-78A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.