The Dairy Produce Quotas (Amendment) (England) (No. 2) Regulations 2000 © Crown Copyright 2000 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Dairy Produce Quotas (Amendment) (England) (No. 2) Regulations 2000, ISBN 0 11 018771 7. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Minister of Agriculture, Fisheries and Food, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations - Title and commencement 1. These Regulations may be cited as the Dairy Produce Quotas (Amendment) (England) (No. 2) Regulations 2000 and shall come into force on 29th November 2000. Amendment of the Dairy Produce Quotas Regulations 1997 2. The Dairy Produce Quotas Regulations 1997[3] shall be amended, in so far as they apply in England, in accordance with regulations 3 to 13 of these Regulations. 3. In regulation 2 (interpretation), in paragraph (1) -
4.
Immediately after regulation 3 there shall be inserted the following regulation -
3A. - (1) Quota registered to direct sellers and producers within any Scottish Islands area can only be used by producers and purchasers against direct sales or wholesale deliveries of milk produced within that Scottish Islands area. (2) The requirement in paragraph (1) does not apply to the reallocation of quota undertaken in accordance with Schedule 5. (3) In this regulation -
(b) a direct seller or producer within a Scottish Islands area means a direct seller or producer who has 50% or more of his dairy enterprise within that Scottish Islands area.".
5.
In regulation 6 (adjustment of purchaser quota) -
(ii) for sub-paragraph (a) there shall be substituted the following sub-paragraph -
(b) in paragraph (4) -
(ii) in sub-paragraph (a), for the words "have his purchaser quota" there shall be substituted the words "request of the Intervention Board (in such form as the latter may reasonably require) that his purchaser quota be";
(c) immediately after paragraph (4) there shall be inserted the following paragraphs -
(b) in the event that a reduction is capable of being made to the quota of an original purchaser who has more than is necessary to cover the deliveries made to him by the producer, any purchaser with whom the producer is newly registered and who requires an increase in purchaser quota to cover the deliveries made by the producer to him may apply to the Intervention Board (in such form as the latter may reasonably require) to assess and make the appropriate reduction, and make a corresponding increase in the purchaser quota of the said purchaser with whom the producer is newly registered,
and in each case upon such application the Intervention Board shall make the assessment requested and the appropriate adjustment.
6.
In regulation 11 (transfer of quota without transfer of land) -
(b) in paragraph (2), in sub-paragraph (a), after the word "quota" there shall be inserted the words ", stating the amounts of used and unused quota transferred"; (c) paragraphs (5) and (6) shall be deleted; (d) for paragraph (7) there shall be substituted the following paragraph -
7.
In regulation 14 (temporary reallocation of quota) -
(c) paragraphs (6) and (7) shall be deleted.
8.
In regulation 16 (conversion of quota) -
(b) for paragraph (5) there shall be substituted the following paragraphs -
(6) The restriction in paragraph (4) shall not apply to any producer who, in the immediately preceding quota year, has temporarily converted quota.".
9.
In regulation 25 (inspection of entries in the Intervention Board's registers) -
(b) in sub-paragraph (a), after the word "entry" in the second place that it occurs, there shall be inserted the words ", or by anyone being the agent of such a person".
10.
In regulation 30 (powers of authorised officers), in paragraph (6), immediately after the word "regulation" there shall be inserted the words "and in regulation 30A".
30A. Without prejudice to regulation 3 of the Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992[6], the Intervention Board may by notice in the London Gazette require any relevant person to keep and retain, in respect of any matter governed by these Regulations, such records and for such a period as may be specified in that notice.".
12.
In regulation 31 (penalties), in paragraph (1), for sub-paragraph (b) there shall be substituted the following sub-paragraph -
13.
In Schedule 5 (reallocation of quota and calculation of levy liability), in both paragraphs 8 and 18, for the words "within 45 days of" there shall be substituted the words "on or before 14th May immediately following". (This note is not part of the Regulations) These Regulations, which come into force on 29th November 2000, further amend the Dairy Produce Quotas Regulations 1997 (S.I. 1997/733) ("the principal Regulations") in so far as they apply to England. The principal changes made by these Regulations -
(b) remove Islay from the particular milk-quota arrangements applying in relation to the Scottish Islands (regulation 3(b)) and clarify the extent and application of those arrangements (regulation 4); (c) extend the period (from 28 to 56 days, subject to a final date of 14th May in the next following quota year) within which purchasers shall notify the Intervention Board of any producer's newly registering with them (regulation 5(a)(ii)); (d) by way of new regulation 6(4A) of the principal Regulations, make clear who, as between an original purchaser and a new purchaser of a producer's milk, is permitted to apply for adjustments to his quota consequent upon subsequent changes to the representative fat content of that producer's milk (regulation 5(c)); (e) remove the requirement (previously at regulation 11(5) of the principal Regulations) which applied in the case of a transfer of quota made without there also being a transfer of land that, after the transfer has been approved by the Intervention Board, the transferee furnish the Board with a statement of used and unused quota available both to him and to the transferor on the date of transfer (regulation 6(c)); (f) by way of an amended regulation 11(7) of the principal Regulations, extend the Intervention Board's ability to release a transferee from his undertaking, so that the power applies not only where exceptional circumstances result in a significant fall in milk production, but also where they result in a significant failure to achieve a planned increase in milk production (regulation 6(d)); (g) clarify the basis on which temporary reallocations of surplus quota may be made (regulation 7(a)) and remove from the category of producers eligible to receive such temporary reallocations those who are affected by a formal acknowledgement of an error in their levy calculation (regulation 7(b)); (h) enable the Intervention Board, in the context of a producer's permanent conversion of quota and in the event that exceptional circumstances have resulted in a significant fall in milk production or a significant failure to achieve a planned increase in milk production, to release that producer from the restriction that would otherwise prevent him from transferring out quota of the type to which he has converted in the same quota year as the one in which that conversion took place (regulation 8); (i) permit the Intervention Board to require "relevant persons" (as defined in regulation 30(6) of the principal Regulations) to keep and retain records (regulation 11); (j) extend the offence described in regulation 31(1)(b) of the principal Regulations to include the causing of the elements of that offence (regulation 12).
A Regulatory Impact Assessment has been prepared in respect of these Regulations, a copy of which has been deposited in the library of both Houses of Parliament. Notes: [1] S.I. 1972/1811.back [3] S.I. 1997/733; relevant amendments are S.I. 1997/1093 and 2000/698.back [4] OJ No. L291, 30.10.98, p. 4.back [5] OJ No. L335, 10.12.98, p. 33.back
ISBN 0 11 018771 7
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