
1 
These Regulations may be cited as the Milk and Milk Products (Pupils in Educational Establishments) Regulations (Northern Ireland) 2008 and shall come into operation on 25th August 2008.
2 

(1) In these Regulations—
 “applicant” means an applicant for Community aid, as described in Article 6 of the Commission Regulation;
 “the Commission Regulation” means Commission Regulation (EC) No 657/2008 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments as amended from time to time;
 “Community aid” means Community aid granted pursuant to Article 102(1) of the Council Regulation and in accordance with the Commission Regulation;
 “the Council Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time;
 “the Department” means the Department of Agriculture and Rural Development;
 “national aid” means aid payable or paid by the Department in accordance with regulation 3(1).
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3 

(1) The Department may pay national aid to an applicant in accordance with Article 102(2) of the Council Regulation (grant of national aid for supplying certain processed milk products to pupils in educational establishments) and this regulation.
(2) For the purposes of paragraph (1), the Department may determine the type or class of educational establishments referred to in Article 2 of the Commission Regulation or eligible products listed in Annex 1 to the Commission Regulation in relation to which national aid may be paid, framed by reference to any set of circumstances the Department thinks fit.
(3) Subject to paragraph (2), the following provisions of the Commission Regulation shall apply in relation to national aid as if it were Community aid—
(a) Article 2 (beneficiaries);
(b) Article 3(1) and (4) (eligible products);
(c) Article 5(4), first sub-paragraph (milk and milk products used in preparation of meals not to benefit from aid);
(d) Article 8 (general conditions for approval), except for the words in sub-paragraph (b) following the reference to Article 2;
(e) Article 9 (specific conditions for the approval of certain applicants);
(f) Article 10 (suspension and withdrawal of approval);
(g) Article 11 (payment applications);
(h) Article 12 (payment of aid);
(i) Article 14 (price monitoring); and
(j) Article 15 (controls and sanctions).
4 

(1) Paragraph (2) applies where the Department believes that an applicant—
(a) has received from the Department Community aid or national aid, payment to which the applicant was not entitled; or
(b) is in breach of any commitment given by the applicant as a condition of receiving Community aid or national aid.
(2) The Department may—
(a) withhold from the applicant the whole or any part of Community aid or national aid which the Department might otherwise have paid; or
(b) recover from the applicant on demand the whole or any part of Community aid or national aid already paid by the Department.
(3) Before taking any action under paragraph (2), the Department shall—
(a) give to the applicant in writing the reasons for the action the Department proposes to take;
(b) afford the applicant the opportunity to make written representations within such time as the Department considers reasonable; and
(c) consider any such representations.
(4) Any money due to the Department under or by virtue of these Regulations shall be recoverable as a debt.
5 
The Milk and Milk Products (Pupils in Educational Establishments) Regulations (Northern Ireland) 2001 and the Milk and Milk Products (Pupils in Educational Establishments) (Amendment) Regulations (Northern Ireland) 2007 are revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 28th July 2008.
(L.S.)Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
