States Assembly | P-47-2001

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DRAFT MILK (SALE TO SPECIAL CLASSES) (JERSEY) REGULATIONS 200- _______________

Lodged au Greffe on 20th March 2001

by the Employment and Social Security Committee

______________________________

STATES OF JERSEY

STATES GREFFE

180 2 0 0 1 P . 4 7

Price code: B

Explanatory Note

The effect of these Regulations, if made, will be to continue for a further three years from 12th April 2001 the effect of the Milk (Sale to Special Classes) (Jersey) Regulations 1998, which expire on 11th April 2001.

The Regulations also introduce an upper income limit of £28,802 per annum for eligibility as a beneficiary under the Regulations, and provide for the annual adjustment of that limit to take account of the average of the annual increases in the Retail Price s Index and the Index of Average Earnings published by the Statistics Unit of the Policy and Resources Department.

By virtue of the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, references to penalties in the Regulations have the following effect: level 1 is £50, level 2 is £500, level 3 is £2000 and level 4 is £5000.

This proposition has no implications for the manpower resources of the States. It has no implications for the financial resources of the States beyond the current annual costs of administering the scheme, but the comments of the Finance and Economics Committee will follow in due course.

MILK (SALE TO SPECIAL CLASSES) (JERSEY) REGULATIONS 200-

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(Promulgated on the d a y o f 2 0 0 -)

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STATES OF JERSEY ____________

The d ay o f 2 0 0 -

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T H E S TATES, by virtue and in exercise of the powers conferred upon them by the Order in Council of the fourteenth day of April 1884,[1] have made the following Regulations -

Interpretation

1 .- (1 ) In these Regulations-

"b e n e f ic iary" has the meaning assigned by Regulation 2 of these Regulations; "th e B o ard" means the Jersey Milk Marketing Board;

" ce r ti f ie d midwife" means a person authorized to exercise the profession of midwife in the Island under the "Loi

(1922) sur la Santé Publique (Sages-femmes)";[2]

"th e C o mmittee" means the Employment and Social Security Committee; "in c o m e limit" means £28,802, increased -

(a ) o n the first day of October 2001; and

(b ) th ereafter on the first day of October in each subsequent year while these Regulations remain in force,

b y th e p ercentage (if any) by which that amount at which the limit for the time being stands is exceeded by A + B,

where -

" A " is the percentage rise shown in the Retail Price s Index published by the Statistics Unit of the Policy and

Resources Department of the States in the year concerned, and

"B " is th e percentage rise shown in the Index of Average Earnings published by that unit in that year;

" M e d ic al Officer of Health" means the "Inspecteur Médical" appointed under Article 10 of the "Loi (1934) sur la

Santé Publique";[3]

"m il k " means liquid cow's milk produced in the Island; "p e r c e n tage rise" -

(a ) w hen used in reference to the Retail Price s Index, means the percentage (if any) by which that index has

increased for the month of June in the year concerned beyond that shown for that month in the previous year in the Retail Price Index; and

(b ) w hen used in reference to the Index of Average Earnings, means the percentage (if any) by which that index

has increased as at 30th June in the year concerned beyond that shown as at 30th June in the previous year in the Index of Average Earnings;

" re g is te red medical practitioner" has the same meaning as in the Medical Practitioners (Registration) (Jersey) Law

1960;[4]

" so ld by retail" means sold otherwise than to a person buying for the purposes of resale, or sold to a manufacturer

or a caterer for the purposes of his business as such;

" th e S c heme" means the Scheme set out in the Schedule to the Milk Marketing Scheme (Approval) (Jersey) Act

1954.[5]

( 2 ) R eferences in these Regulations to an enactment shall be construed as references to that enactment as amended by any subsequent enactment or to any other enactment repealing and re-enacting that enactment with or without further amendment.

Beneficiaries

2 .- (1 ) For the purposes of these Regulations, a beneficiary is any one of the following persons in the Island- (a ) a child under five years of age who -

(i ) w a s b o r n in the Island, or

(ii ) s a tis f ie s the residence test, or

(ii i ) is in th e custody of a parent or other person who satisfies the residence test,

an d in r e sp e c t of whom a registration form M.R.2 has been issued by the Committee;

(b ) a person who has attained seventy years of age and satisfies the residence test, and in respect of whom a

registration form M.R.3 has been issued by the Committee;

(c ) a person who has attained the age of sixty-five years but is not yet seventy years of age, and who - (i ) is in r e c eipt of a parish welfare grant, or

(ii ) is e n title d to medical benefit by virtue of Regulation 2(3) of the Health Insurance (Medical Benefit)

(Jersey) Regulations 1967,[6] or

(ii i ) in th e o pinion of a registered medical practitioner and the Medical Officer of Health requires milk as a

necessary and substantial part of his diet,

an d in r e sp e c t of whom a registration form M.R.3 has been issued by the Committee; or

(d ) a n expectant mother who satisfies the residence test (or whose husband satisfies that test) and in respect of

whom a registration form M.R.7 has been issued by the Committee.

(2 ) Fo r the purposes of this Regulation -

(a ) a woman is an expectant mother from the date on which it is established that she is pregnant until one month

after the expected date of her confinement, such dates being certified by a registered medical practitioner or a certified midwife; and

(b ) a person satisfies the residence test on any particular date if he has been resident in the Island for at least

twenty-eight consecutive days immediately preceding that date, or for at least twenty-six weeks in the aggregate in the twelve months immediately preceding that date.

Sale of milk to beneficiaries

3 . Wh en, in pursuance of paragraph 35(3) of the Scheme, the Board sells milk to a beneficiary of a class specified in the first column of the Schedule to these Regulations, the amount to be received by the Board from that beneficiary in respect of milk supplied up to the quantity specified in the second column of that Schedule shall be the normal price at which milk is sold by retail by the Board to persons other than beneficiaries, less such amount per 500 millilitres as is specified in the third column of that Schedule, and the difference between the normal price and the amount so specified shall be recoverable by the Board from the Committee.

Maximum income level

4 .- (1 ) Regulation 3 of these Regulations shall not apply to a child under five years of age if the income during th previous year of the person having custody of the child exceeds the income limit.

(2 ) R egulation 3 of these Regulations shall not apply to any other beneficiary whose income during the previous year exceeds the income limit.

( 3 ) Fo r the purposes of this Regulation, the income of any person who is cohabiting with any other person includes the income of that other person.

Keeping of records

5 .- ( 1 ) The Board shall keep accurate records of all milk sold to beneficiaries under these Regulations, togethe with all books, documents and accounts and such other records relating thereto as the Committee may require and the Board shall furnish to the Committee, within such time and in such form as may be specified in the requirement, such returns and other information relating to such sales as may be so required, and shall permit such books, documents, accounts or other records to be examined by any person duly authorized in that behalf by the Committee.

(2 ) A ll books, documents, accounts and other records kept in pursuance of this Regulation shall be preserved for a period of one year from the date on which the last entry therein was made.

Property in, and delivery and possession of, documents

6 .- ( 1 ) Every document issued by the Committee for the purposes of these Regulations is and shall remain th property of the Committee.

( 2 ) A ny person who is in possession of any such document without the necessary authority under these Regulations shall forthwith deliver up the document to the Committee or otherwise in accordance with the directions contained in the document.

(3 ) A ny person to whom any such document has been issued or who is in possession of any such document shall, if required by or on behalf of the Committee to do so, produce such document or deliver it up to such person or authority as may be specified in the requirement.

Offences

7 .- (1 ) Any person who-

(a ) a c ts in contravention of or fails to comply with any provision of these Regulations; or

( b ) w ith intent to deceive, alters any document issued or authorized to be used for the purposes of these

Regulations or makes or alters any entry therein or defaces any such document; or

(c ) p ersonates or falsely represents himself to be the person to whom any such document has been issued or

applies; or

(d ) w ithout lawful authority, obtains, uses or retains, or attempts to obtain, use or retain, any such document

Draft Milk (Sale to Special Classes) (Jersey) Regulations 200-