Paragraph 4 Board to administer the Scheme

Subject to the provisions of subsection (2)(b) with regard to sitting members and of subsection (5) with regard to the filling of casual vacancies in the case of elected members, the Board shall consist of 8 members elected for the 8 sub-areas enumerated in the first column of Schedule (1) to the Scheme in accordance with subsection (4) and 2 members appointed by the Minister in accordance with section 2(1)(b) of the Second Schedule to the Act.

The 8 members of the Board duly elected in accordance with the provisions of the Scottish Milk Marketing Scheme 1933 and serving immediately prior to 1st April 1982 (hereinafter referred to as “the sitting members”) shall be deemed to have been elected for the sub-areas shown opposite their respective names in the third column of Schedule (1) to the Scheme.

Each year, one quarter of the elected members of the Board shall retire from office at 24.00 hours on the day of the Annual General Meeting, but subject to the provisions of subsection (3) shall be eligible for election or re-election. The members to retire shall consist of those who have been longest in office since their last election, and for this purpose service prior to 1st April 1982 shall count (including in the case of a sitting member elected to fill a casual vacancy the portion of the term of office of the member who caused that vacancy). Where it is necessary, in order to make up the number to retire, that one or more members should retire out of the number of those who have been in office for an equal period the member or members to retire shall be determined by the Board, or in default of determination by the Board, by lot.

No member shall continue on the Board beyond the date of the next Annual General Meeting after reaching the age of 70, except that a sitting member of the Board as defined in subsection (2)(b) who reached the age of 70 before the end of his term of office current at 1st April 1982 shall not be required to retire from the Board until his normal retirement date determined in accordance with subsection (2)(c).

Before each Annual General Meeting the Board shall publish, in such manner and with such additional information as the Board shall think fit, notice of any vacancy in the membership of the Board due to be filled at the Annual General Meeting (and in the case of an election in accordance with subsection (5) the unexpired portion of the term of office of the member causing the casual vacancy), the sub-area for which members are to be elected, the address at which the Board are prepared to receive nominations and the last date (hereinafter called “the closing date for nominations”) on which the Board are prepared to receive them; provided that the period between publication as aforesaid and the closing date for nominations shall not be less than 20 days.

No person shall be nominated to represent a sub-area unless he has been duly nominated in accordance with the provisions of this subsection.

A candidate for a sub-area shall be nominated in writing by at least 20 registered producers in the sub-area in which a vacancy has occurred but a candidate need not be resident in that sub-area. No person who has attained the age of 70 shall be eligible for nomination as a candidate.

Forms of nomination for candidates for sub-areas shall be available on request from the Secretary of the Board and must be lodged at the Board’s Head Office by 17.00 hours on the closing date for nominations specified in the form.

If, at the end of the 3rd day after the closing date for nominations, there is no duly nominated candidate for the vacancy, the Board shall nominate a candidate for that vacancy.

at an election of a member for a sub-area all registered producers in the Board’s area shall be entitled to vote and each of them shall have one vote, except that each producer registered in the sub-area where the vacancy has occurred shall have one extra vote;

subject to the provisions of subsection (4)(f) the Board shall, not later than the 35th day before the Annual General Meeting, send to every registered producer entitled to vote in the election a voting paper stating the names of the duly nominated candidates, in the case of an election under subsection (5) the period of office, such questions as will enable the Board to ascertain the number of votes the producer is entitled to have, the address to which the voting paper is to be sent and the date (not being less than 28 clear days after the despatch of the voting paper) by which the completed voting paper is to be received by the Board;

a voting paper shall not be counted unless it is received by the Board at the said address by 17.00 hours on the day by which it is required to be received, sufficiently completed and signed;

if any question shall arise as to whether any voting paper is sufficiently completed and signed, the decision of the Secretary of the Board shall be final;

the conduct of the voting for Board membership shall be in the hands of the Secretary of the Board who will notify the Board of the results of the election at least one clear day before the date of the Annual General Meeting so that the name(s) of the successful candidate(s) who receive the most votes can be declared to have been elected;

in the event of there being only one duly nominated candidate for a vacancy in a sub-area, that candidate shall be deemed to have been elected to the Board. In such event the provisions of subsection (4)(b) shall not apply, but the Board shall, not later than the 35th day before the Annual General Meeting, publish for the information of registered producers, in such manner as the Board think fit, the name of the candidate duly elected.

A casual vacancy shall occur in the case of any of the following events occurring amongst the elected members of the Board:—

A casual vacancy occurring more than 150 days before the date of the next Annual General Meeting, shall be filled ad interim by the Board at a meeting, of which the notices stating that the matter is to be dealt with shall be sent out by the Secretary within 2 weeks of the vacancy occurring, and which shall be held not sooner than 5 days and not later than 10 days from the date of such notice. The member so elected ad interim shall retire at 24.00 hours on the day of the next Annual General Meeting following upon his election but shall be eligible for re-election. The vacancy then arising shall be filled by election in accordance with the provisions of subsections (3) and (4). The member so elected shall retire at the time at which the member who caused the casual vacancy would in the ordinary course have retired but shall be eligible for re-election.

Where the casual vacancy occurs within 150 days of the date of the next Annual General Meeting, the vacancy shall be deemed to have arisen by retirement in accordance with subsection (2)(c) and the provisions of subsections (3) and (4) shall apply to the same effect and extent as if the member causing the casual vacancy had completed his normal term of office. The member elected in his place shall retire at the time at which the member who caused the casual vacancy would in the ordinary course have retired but shall be eligible for re-election.