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Make
provision for the appointment of an Independent Milk Ombudsman
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and for his functions, including
undertaking investigations and research into |
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the price structure of the
milk market; to make provision about the milk |
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industry; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Establishment
of the Ombudsman |
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(1) |
There are to be offices of— |
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(a) |
the Milk Ombudsman for Wales,
and |
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(b) |
the Milk Ombudsman for England. |
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(2) |
The Schedule has effect with
respect to the Ombudsmen. |
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2 |
General
functions of the Ombudsman |
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(1) |
The National Assembly for
Wales shall prescribe by regulations the functions |
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of the Milk Ombudsman for
Wales. |
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(2) |
The Secretary of State shall
prescribe by regulations the functions of the Milk |
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(3) |
Regulations under subsections
(1) and (2) may make provision for the |
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(a) |
undertake investigations
into, and publish recommendations about, |
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the dairy industry, the market
for milk and milk pricing, including how |
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to bring about what in his
opinion would be a fair price for farmers; |
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(b) |
call for and publish written
evidence and hold oral evidence sessions in |
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(c) |
encourage the publication
of information about the dairy market and |
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facilitate its communication
to dairy farmers; |
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(d) |
investigate complaints about
the dairy industry, the market for milk |
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and milk pricing and publish
recommendations; |
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(e) |
require
those who do not implement recommendations made under |
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paragraphs (a) or (d) to report
to them their reasons for not doing so; |
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(f) |
encourage persons in, or
engaged in activities affecting, the dairy |
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industry to take account of
the views and interests of dairy farmers; |
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(g) |
monitor the operation of
existing voluntary and statutory codes of |
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practice relating to the dairy
industry; |
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(h) |
advise the National Assembly
for Wales, the Secretary of State and the |
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Milk Development Council about
the interests of dairy farmers; |
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(i) |
facilitate the work of the
Dairy Supply Chain Forum; |
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(j) |
co-operate with other public
bodies, including the Milk Development |
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(4) |
Regulations made by the
Secretary of State under this section shall not come |
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into effect unless a draft
of the regulations has been laid before, and approved |
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by resolution of, each House
of Parliament. |
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3 |
Annual
reports of the Ombudsman |
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(1) |
As soon as possible after
the end of each financial year the Ombudsman shall |
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(a) |
the way in which he has discharged
his functions under section 2 |
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(b) |
his findings in the course
of exercising those functions during the year, |
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(c) |
the matters that he intends
to consider, or undertake investigations |
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into, during the next financial
year. |
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(2) |
Where the Milk Ombudsman
for Wales reports under this section he must send |
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a copy of the report to the
National Assembly for Wales. |
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(3) |
Where the Milk Ombudsman
for England reports under this section he must— |
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(a) |
lay a copy of the report before
each House of Parliament, and |
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(b) |
send a copy of the report
to the Secretary of State. |
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(4) |
In this section, “financial
year” has the same meaning as in paragraph 8 of the |
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(1) |
There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred by the Secretary of State by virtue of this
Act, and |
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(b) |
any
increase attributable to this Act in the sums payable out of money
so |
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provided
by virtue of any other enactment. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Independent Milk Ombudsman, etc. Act 2004. |
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(2) |
This Act shall come into
force on the day on which it is passed. |
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(3) |
This Act extends to England
and Wales only. |
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1 (1) |
An Ombudsman is a corporation
sole. |
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(2) |
An Ombudsman is
not to be regarded as the servant or agent of the Crown |
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or as enjoying
any status, immunity or privilege of the Crown; and his |
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property is not
to be regarded as property of, or property held on behalf of,
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2 (1) |
An Ombudsman may do
anything which appears to him to be necessary or |
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expedient for the purpose
of, or in connection with, the exercise of his |
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(2) |
In particular he
may— |
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(a) |
co-operate with
other public authorities in the United Kingdom; |
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(b) |
enter into contracts;
and |
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(c) |
acquire, hold and
dispose of any property. |
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Appointment and tenure
of office |
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3 (1) |
The Milk Ombudsman
for Wales is to be appointed by the National |
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(2) |
The Milk Ombudsman
for England is to be appointed by the Secretary of |
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(3) |
Subject to the
provisions of this paragraph, a person shall hold and vacate |
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office as a Milk
Ombudsman in accordance with the terms and conditions of |
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his appointment
as determined by the Secretary of State or the National |
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(4) |
An appointment
as a Milk Ombudsman shall be for a term not exceeding |
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(5) |
A person who has
held office as a Milk Ombudsman is eligible for |
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(6) |
A Commissioner
may at any time resign by notice in writing— |
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(a) |
in the case of
the Milk Ombudsman for Wales, to the National |
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(b) |
in the case of
the Milk Ombudsman for England, to the Secretary of |
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(7) |
The National Assembly
for Wales may remove the Milk Ombudsman for |
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Wales from office
if it is satisfied that he has— |
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(a) |
become unfit or
unable properly to discharge his functions; or |
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(b) |
behaved in a way
that is not compatible with his continuing in office. |
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(8) |
The
Secretary of State may remove the Milk Ombudsman for England from
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office if he is
satisfied that he has— |
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(a) |
become unfit or
unable properly to discharge his functions; or |
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(b) |
behaved in a way
that is not compatible with his continuing in office. |
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4 (1) |
The
National Assembly must— |
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(a) |
pay
the Milk Ombudsman for Wales such remuneration and allowances,
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(b) |
pay
or make provision for the payment of such pension or gratuities
to or in |
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as
may be provided under the terms of his appointment. |
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(2) |
The
Secretary of State must— |
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(a) |
pay
the Milk Ombudsman for England such remuneration and allowances,
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(b) |
pay
or make provision for the payment of such pension or gratuities
to or in |
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as
may be provided under the terms of his appointment. |
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5 (1) |
An Ombudsman may appoint
any staff he considers necessary for assisting |
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him in the exercise
of his functions, one of whom shall be appointed as |
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(2) |
During any vacancy
in the office of an Ombudsman or at any time when an |
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Ombudsman is for
any reason unable to act, the Deputy Ombudsman shall |
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exercise his functions
(and any property or rights vested in the Ombudsman |
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may accordingly
be dealt with by the Deputy Ombudsman as if vested in |
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(3) |
Without prejudice
to sub-paragraph (2), any member of an Ombudsman’s |
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staff may, so far
as authorised by him, exercise any of his functions. |
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6 (1) |
In the Superannuation
Act 1972 (c. 11), in Schedule 1 (kinds of employment |
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etc to which section
1 of that Act applies)— |
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(a) |
in the list of
“Other Bodies”, at the end insert “Employment
by a Milk |
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(b) |
in the list of
“Offices”, at the appropriate place insert “Milk
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(2) |
The
Secretary of State must pay to the Minister for the Civil Service,
at such times |
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as
the Minister may direct, such sums as he may determine in respect
of any increase |
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attributable
to sub-paragraph (1) in the sums payable out of money provided
by |
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Parliament
under the Superannuation Act 1972. |
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7 (1) |
The
National Assembly may make payments to the Milk Ombudsman for
for Wales |
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of
such amounts, at such times and on such conditions (if any) as
the National |
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Assembly
considers appropriate. |
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(2) |
The
Secretary of State may make payments to the Milk Ombudsman for
England of |
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such
amounts, at such times and on such conditions (if any) as the
Secretary of State |
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8 (1) |
The Milk Ombudsman
for Wales must— |
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(a) |
keep proper accounting
records; |
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(b) |
prepare a statement
of accounts for each financial year; and |
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(c) |
send a copy of
each such statement of accounts to the National |
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Assembly, the Secretary
of State and the Comptroller and Auditor |
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General as soon
as possible after the end of the financial year to |
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which the statement
relates. |
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(2) |
The Milk Ombudsman
for England must— |
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(a) |
keep proper accounting
records; |
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(b) |
prepare a statement
of accounts for each financial year; and |
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(c) |
send a copy of
each such statement of accounts to the Secretary of |
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State and the Comptroller
and Auditor General as soon as possible |
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after the end of
the financial year to which the statement relates. |
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(3) |
The Comptroller
and Auditor General must examine, certify and report on |
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each statement
of accounts sent to him under sub-paragraphs (1)(c) and |
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(2)(c) and must
lay copies of the statement and of his report before |
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(4) |
In this paragraph,
“financial year” means— |
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(a) |
in relation to
England or Wales, the period beginning with the date |
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on which the first
Milk Ombudsman is appointed and ending with |
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31st March next
following that date; and |
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(b) |
each successive
period of twelve months ending with 31st March. |
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A document purporting
to be duly executed under the seal of the Milk |
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Ombudsman or to be signed
by him or on his behalf is to be received in |
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evidence and, unless the
contrary is proved, taken to be so executed or |
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10 |
In the Criminal Justice
and Court Services Act 2000 (c. 43), in section 36(6) |
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(meaning of “regulated
position”), after paragraph (g) insert— |
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(ga) |
Milk
Ombudsman for Wales and Deputy Milk Ombudsman |
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appointed
under the Independent Milk Ombudsman, etc. |
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“(gb) |
Milk
Ombudsman for England and Deputy Milk |
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Ombudsman
appointed under the Independent Milk |
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Ombudsman,
etc. Act 2004, |
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11 (1) |
Schedule 1 of the
House of Commons Disqualification Act 1975 (c. 24) |
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(Offices disqualifying
for membership) is amended as follows. |
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