Statutory Instrument 1990 No. 2012
The Welfare Food Amendment (No. 3) Regulations 1990
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1990 No. 2012
FOOD
The Welfare Food Amendment (No. 3) Regulations 1990
| Laid before Parliament | 12th October 1990 |
| Coming into force | 4th November 1990 |
The Secretary of State in exercise of the powers conferred by sections 13(3) and (4) and 15A of the Social Security Act 1988[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:-
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Welfare Food Amendment (No. 3) Regulations 1990 and shall come into force on 4th November 1990.
(2) In these Regulations "the principal Regulations" means the Welfare Food Regulations 1988[2].
Amendment of regulation 2 of the principal Regulations
2. In regulation 2(1) of the principal Regulations (interpretation)- (a) in the definition of "approved price" before the word "customers" there shall be inserted the word "retail";
(b) the definition of "metropolitan police district" shall be deleted;
(c) in the definition of "milk" the words "except in the definition of "processor" below," shall be deleted;
(d) the definition of "processor" shall be deleted;
(e) the definition of "standard reimbursement price" shall be deleted;
(f) in the definition of "supplier" the words "or a person, other than a beneficiary or the Secretary of State, who receives a milk token" shall be deleted;
(g) after the definition of "supplier" there shall be inserted-""total retail milk supply" means the total of-(a) the volume of milk a supplier sells to his retail customers; and
(b) his welfare milk supply;";
(h) after the definition of "vitamins" there shall be added-""welfare milk supply" means the volume of milk which a supplier supplies against milk tokens or for which he has made an allowance in accordance with regulation 13.".
Substitution of regulation 15 of the principal Regulations
3. For regulation 15 of the principal Regulations (return of milk tokens to the Secretary of State) there shall be substituted the following regulation-
"Standard reimbursement of suppliers
15. Subject to regulation 15A(5), the Secretary of State shall reimburse a supplier who has submitted a milk token in accordance with Schedule 5 with an amount equal to the approved price of the milk which the supplier has supplied against that milk token or for which he has made an allowance in accordance with regulation 13, less 9 per cent.".
Insertion of regulation 15A into the principal Regulations
4. After regulation 15 of the principal Regulations there shall be inserted the following regulation-
"Arrangements for special reimbursement of suppliers
15A.—(1) A supplier may apply to the Secretary of State for approval to participate in the arrangements for reimbursement under this regulation.
(2) An application for approval under paragraph (1) shall be in accordance with Part I of Schedule 5A.
(3) The Secretary of State shall give his approval in writing if satisfied that-(a) the supplier's welfare milk supply during a period of 52 consecutive weeks in the 60 weeks immediately preceding the date of the application under paragraph (1) was more than 7.5 per cent. of his total retail milk supply for that period; or
(b) the supplier-(i) at the time of his application under paragraph (1) had not carried on a retail trade in milk for 52 weeks or more but had carried on such a trade for a period of at least 13 consecutive weeks ending immediately preceding the date of his application, and
(ii) had a welfare milk supply during that period of at least 13 consecutive weeks which was more than 7.5 per cent. of his total retail milk supply for that period,
and he has not given an approval under this paragraph in respect of the supplier during the period of one year immediately preceding the date of the application.
(4) Where the Secretary of State is satisfied under paragraph (3) he shall determine the percentage by which the supplier's approved price will be reduced for the purpose of reimbursement under paragraph (5) and notify the supplier in writing of the percentage so determined.
(5) The Secretary of State shall reimburse a supplier approved under paragraph (3) who submits a milk token in accordance with Schedule 5 during the period of one year beginning with the date of the application under paragraph (1) with an amount equal to the approved price of the milk which the supplier has supplied against that milk token or for which he has made an allowance in accordance with regulation 13, less a percentage determined in accordance with Part II of Schedule 5A.".
Amendment of regulation 17 of the principal Regulations
5. At the end of regulation 17(1) of the principal Regulations (powers of an authorised officer) there shall be inserted "or 15A as the case may be".
New Schedule 5 and 5A to the principal Regulations
6. For Schedule 5 to the principal Regulations (submission of tokens to Secretary of State for reimbursement) there shall be substituted the Schedules 5 and 5A set out in the Schedule to these Regulations.
Transitional provision
7.—(1) These Regulations shall apply to all milk tokens the period of validity of which begins on or after the date on which these Regulations come into force.
(2) In relation to a milk token the period of validity of which begins before these Regulations come into force, the principal Regulations shall continue to have effect as if these Regulations had not been made.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State, Department of Health.
9th October 1990
Notes:[1] 1988 c. 7; section 15A was inserted by paragraph 8(10) of Schedule 6 to the Social Security Act 1990 (c. 27) and section 13 was amended by paragraph 8(11) of that Schedule.
[2] S.I. 1988/536; the relevant amending instrument is S.I. 1990/3.
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