Milk (Regulation of Supply) Act, 1994

SCHEDULE

National Milk Agency

Section 2 .

Chairman of Agency.

1. (1) The Minister shall before the establishment date and thereafter as occasion requires nominate a person to be Chairman of the Agency.

(2) The office shall be part-time.

(3) The Chairman shall hold office during the pleasure of the Minister and shall be paid by the Agency such remuneration and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time appoint.

(4) Whenever it appears to the Minister that the Chairman is, through absence, ill-health or other sufficient cause, temporarily unable to act, the Minister may appoint a person to act as Chairman for such period (not exceeding the duration of the incapacity) as the Minister thinks proper and references to the Chairman in the subsequent provisions of this Schedule shall include the person so acting.

Appropriate number of ordinary members.

2. In this Schedule “the appropriate number” in relation to any description of ordinary members means such number as is prescribed.

Ordinary members representing interests of processors, distributors, retailers and consumers.

3. (1) The appropriate number of first and subsequent ordinary members nominated by processor, distributor, retail and consumer interests shall be appointed to the Agency by the Minister.

(2) Each ordinary member shall be appointed to hold office until the day of entry into office of subsequent ordinary members.

Producer members.

4. (1) The Minister shall appoint to the Agency the appropriate number of first ordinary members nominated on the advice of producer interests to serve until replaced by the first elected members.

(2) Each first ordinary producer member shall be appointed to hold office until the day of entry into office of the first elected members.

Appointment provisions.

5. (1) The Minister shall in the year of establishment of the Agency and in every third year thereafter seek nominations from processor, distributor, retail and consumer interests to fill the appropriate number of ordinary members' posts. A processor nominee must be a registered processor.

(2) The Minister shall in the year of establishment of the Agency and in every third year thereafter prescribe a day (an “election day”) to be an election day for producer members.

(3) On every election day an election shall be held for the election by registered producers of the appropriate number of producer members.

(4) The producers entitled to vote at such an election shall be those who stand registered as such on the first day of the month next preceding the month in which the election day falls.

(5) Every election shall be held and conducted in the prescribed manner.

Terms of office of ordinary members.

6. (1) Every ordinary member (other than a person appointed to fill a casual vacancy) of the Agency shall be entitled to hold office—

(a) in the case of an elected member, from the day following election until the day following the next election day,

(b) in the case of a nominated member, from the day of appointment until the day of termination of the appointment.

(2) An ordinary member ceasing to hold office by effluxion of time shall be eligible for re-election or re-nomination.

Resignation and disqualification.

7. (1) An ordinary member may at any time resign office by letter addressed and sent to the secretary of the Agency and the resignation shall take effect at the commencement of the meeting of the Agency held next after the receipt of the letter.

(2) An ordinary member of the Agency who is adjudged bankrupt, or makes a composition or arrangement with creditors, or is convicted of an offence under this Act, or ceases to be ordinarily resident in the State or ceases to be registered, in the case of a producer member, in the register of producers or, in the case of a processor member, in the register of processors shall be disqualified from holding and shall cease to hold the office of ordinary member.

Casual vacancies.

8. (1) Whenever a casual vacancy occurs in the membership of the Agency by reason of the death, resignation or disqualification of an ordinary member, the Chairman shall notify the Minister of the vacancy, and the Minister shall, as soon as may be, after consultation with the Agency, appoint a person to fill the vacancy being, in the case of a producer member, a registered producer or, in the case of the nominee of processor, distribution, retail or consumer interests, a person nominated on the advice of the relevant interests. A processor nominee must be a registered processor.

(2) Every person appointed to fill a casual vacancy shall be appointed to hold office for the residue of the terms of office of the member whose place he fills.

Temporary substitutes.

9. Whenever it appears to the Minister that on account of illness or for other sufficient reason an ordinary member is temporarily unable to act, the Minister may appoint a person, being, in the case of a producer member, a registered producer or, in case he was the nominee of processor interests, a registered processor, to act as such ordinary member for such period (not exceeding the duration of the inability) as the Minister thinks proper.

Remuneration of ordinary members.

10. Every ordinary member shall be paid by the Agency such allowances for expenses as the Minister, with the consent of the Minister for Finance, from time to time appoints.

Provisions relating to members and staff of the Agency taking up Public Office.

11. (1) A member of the Agency who is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or as a representative to the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Parliament Elections Act, 1993 ) of the European Assembly Elections Act, 1977 , as having been elected to the European Parliament to fill a vacancy,

shall thereupon cease to be a member of the Agency.

(2) A person who is a member of the staff of the Agency who is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or as a representative to the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Parliament Elections Act, 1993 ) of the European Assembly Elections Act, 1977 , as having been elected to the European Parliament to fill a vacancy,

shall thereupon stand seconded from employment by the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period commencing on such nomination or election or while so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or a representative in such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a representative in the European Parliament shall, while so entitled or such a representative, be disqualified from becoming a member of the Agency or the staff in the Agency.

(4) Without prejudice to the generality of subparagraph (2), that subparagraph shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subparagraph as service with the Agency for the purposes of any superannuation benefits.

Staff of Agency.

12. (1) The Agency shall, with the consent of the Minister and the Minister for Finance, appoint a chief executive, and such and so many other staff as the Agency considers necessary for the due performance of its functions on such terms and conditions as the Agency may determine. They shall be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, may from time to time appoint.

(2) (a) Every person who, on the day immediately before the Agency is established, is a member of the staff of the Cork or of the Dublin District Milk Board and is designated by the Minister for employment by the Agency shall, on that day, be transferred to and become a member of staff of the Agency.

(b) Until such time as the scales of pay and conditions of service of persons so transferred are varied by the Agency, following consultation with recognised trade unions and staff associations, the scales of pay to which they were entitled and the conditions of service, restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Agency while they are in its service.

(c) (i) The conditions in regard to tenure of office which are granted by the Agency in relation to a person so transferred shall not be less favourable than those which that person enjoyed as an employee of the relevant Board, and any alteration in the conditions in regard to the tenure of office of any such person shall not be less favourable than the conditions which prevailed in the relevant Board at the time of such alteration, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. If a dispute arises between the Agency and any such person as to conditions to which that person is entitled, the matter shall be determined by the Minister.

(ii) Subparagraph (c) (i) shall not apply to a person so transferred who is promoted, regraded or placed on a scale of pay higher than that applicable to that person's grade immediately before the day of taking up employment with the Agency.

Office of Agency.

13. (1) The Agency shall have an office for the receipt of communications and notices and shall notify the Minister of the address of the office and any change in that address.

(2) The Agency may purchase, lease, build or otherwise acquire, equip and maintain such offices and other premises as it considers necessary for the performance of its functions and may sell, lease or otherwise dispose of part or all of such office or premises.

Superannuation for Staff of Agency.

14. (1) As soon as may be after its establishment the Agency shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such of its staff (including the chief executive) as the Agency shall think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme and different terms and conditions may be fixed in respect of different classes of persons.

(3) The Agency may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved under this paragraph.

(4) A scheme or amending scheme submitted to the Minister under this paragraph shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Agency in accordance with its terms.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this paragraph, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(6) No pension, gratuity or other allowance shall be granted by the Agency to or in respect of any of its staff (including the chief executive) who are members of a scheme under this paragraph nor shall any other arrangement be entered into for the provision of a pension, gratuity or other allowance to such persons on ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved of under this paragraph.

(7) Superannuation benefits granted under schemes under this paragraph to persons transferred under paragraph 12 (2) to the service of the Agency and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before the establishment date.

(8) Where, in the period beginning on the establishment date and ending immediately before the commencement of a scheme under this paragraph, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Agency under paragraph 12 (2), it shall be calculated and paid by the Agency in accordance with the scheme or such enactments in relation to superannuation as applied to the person immediately before the establishment day and, for that purpose, his pensionable service with the Agency shall be aggregated with his previous pensionable service.

(9) In this paragraph “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

(10) Every scheme submitted and approved of under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done under it.

Procedure of Agency.

15. (1) The Agency may act notwithstanding one or more vacancies amongst the ordinary members.

(2) The Agency may by standing orders or otherwise regulate its own procedure subject to the provisions of this Schedule.

(3) The Agency shall hold its first meeting on such day and at such time and place as the Minister shall appoint.

(4) Subject to the provisions of this Schedule, the Agency shall hold such and so many meetings and at such times as may be necessary for the proper discharge of its functions.

(5) No meeting of the Agency shall be held in the absence of the Chairman.

(6) The quorum for a meeting of the Agency shall be eight.

(7) Every question arising at a meeting shall be determined by a majority of the votes of the ordinary members present and voting on the question. In the case of an equal division of votes the Chairman shall have a casting vote.

Seal of Agency.

16. (1) The Agency shall provide itself with a seal.

(2) The seal of the Agency shall be authenticated by the signature of the Chairman or some other member authorised to act in that behalf and the signature of the Chief Executive or other member of the staff authorised by the Agency to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Agency and every document purporting to be an instrument made by the Agency and to be sealed with the seal of the Agency purporting to be authenticated in accordance with this paragraph shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.


Acts and Orders Referred to

European Assembly Elections Act, 1977

1977, No. 30

European Parliament Elections Act, 1993

1993, No. 30

Finance Act, 1895

58 & 59 Vict. c. 16

Milk (Regulation of Supply and Price) Act, 1936

1936, No. 43

Milk (Regulation of Supply and Price) (Amendment) Act, 1941

1941, No. 11

Milk (Regulation of Supply and Price) (Amendment) Act, 1952

1952, No. 9

Milk (Regulation of Supply and Price) (Amendment) Act, 1961

1961, No. 32

Milk (Regulation of Supply and Price) (Amendment) Act, 1967

1967, No. 22

Dublin District Milk Board Order, 1936

1936, S.R. & O., No. 254

Cork District Milk Board Order, 1937

1937, S.R. & O., No. 91