Title, commencement and interpretation

1. —(1) This Order may be cited as the Milk Development Council (Amendment) Order 2004 and shall come into force on 1st April 2004.

(2) In this Order “the principal Order” means the Milk Development Council Order 1995( 4 ).

Amendment of the principal Order

2. The principal Order shall be amended in accordance with the following provisions of this Order.

3. In article 2 (interpretation), in paragraph (1) after the definition of “producer”, there shall be inserted the following definition—

“ “production year” means a period of 12 months starting on 1st April and ending on 31st March; ” .

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.