Bulk Transport of Milk Order (Hansard, 15 November 1976)

§ Mr. Millan

The Bulk Transport of Milk (Scotland) Order 1976 replaces and revokes the Bulk Transport of Milk (Scotland) Order 1963 which was made on 1st October 1963 and came into operation on 1st January 1964 but which was inadvertently not laid before the House as required by law. Section 6 of the Milk 351W and Dairies (Amendment) Act 1922 as read with Section 14 in its application to Scotland provides that all orders relating to milk and dairies made under the 1922 Act or under any other enactment shall be laid before each House of Parliament as soon as may be after they are made". The 1963 order, which is clearly an order relating to milk and dairies, was made under Section12(2) of the Milk and Dairies (Scotland) Act 1914, and, therefore, falls within the reference to orders made under "any other enactment". It should, therefore, have been laid after it was made. This provision of the 1922 Act was overlooked when the earlier order was made in 1963. The omission recently came to light when consideration was being given to another order also to be made under Section 12(2) of the 1914 Act. In view of the time which has elapsed since the order was made I am advised that the right course is for it to be revoked and to be replaced by a new order. The provisions of the new order are identical with those of the 1963 order. I am advised that failure to lay the order did not prevent it from having full legal effect from the date of coming into operation specified in the order. Contravention of its provisions is the subject of criminal sanctions, but inquiries made indicate there have been no prosecutions for breach of the order.