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Dairy Produce Quotas Regulations (Northern Ireland) 2002

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Registers to be prepared and maintained by the Department

23.—(1) The Department shall—

(a)maintain—

(i)a direct sales register, being a register of entries referred to in sub-paragraph (b); and

(ii)a register of particulars of direct sales by each direct seller; and

(b)prepare a direct sales register entry in respect of each direct seller setting out in particular—

(i)his name;

(ii)his trading address, or, where there is more than one such address, each such address and his principal trading address;

(iii)a reference number which serves to identify him;

(iv)the direct sales quota available to him for the quota year excluding the quota referred to sub-paragraph (v); and

(v)quota issued to him as special quota,

and shall send each direct seller a copy of the entry relating to him.

(2) The Department shall—

(a)maintain a wholesale register, being a register of entries referred to in sub-paragraph 2(b); and

(b)prepare a wholesale register entry in respect of each producer setting out in particular—

(i)his name;

(ii)his trading address, or, where there is more than one such address, each such address and his principal trading address;

(iii)a reference number which serves to identify him;

(iv)the wholesale quota available to him for the quota year excluding the quota referred to in sub-paragraph (v);

(v)quota issued to him as special quota; and

(vi)a list of the names and addresses of each purchaser whose purchaser quota will be calculated to take into account all or part of that producer’s total wholesale quota, and of the wholesale quota registered with each purchaser, showing the representative fat content base of that quota calculated in accordance with Article 3 of the Commission Regulation,

and shall send to each producer a copy of the entry relating to him and, to each purchaser named on the list referred to in sub-paragraph (vi), a copy of that part of the entry relating to his purchaser quota.

(3) The Department shall—

(a)maintain a register of purchaser notices, being a register of notices containing the information specified in sub-paragraph (b); and

(b)prepare a purchaser notice in respect of each purchaser setting out—

(i)his name;

(ii)his purchaser quota; and

(iii)his purchaser special quota,

and shall send each purchaser a copy of the notice relating to him.

(4) For the purposes of paragraphs (1) and (2), where a holding comprises more than one dairy enterprise, a direct seller or a producer may, on presenting to the Department a consent or sole interest notice in respect of that holding, agree with the Department the partition of that holding between separate direct sales register entries or wholesale register entries as specified in the agreement.

(5) The Department may make such enquiries as it reasonably considers to be necessary for the purposes of ensuring the accuracy of the registers which it is required to maintain pursuant to this regulation, and shall amend such registers—

(a)to record any allocations or adjustments made under or by virtue of these Regulations; or

(b)to make any correction or amendment which it reasonably considers to be necessary,

and, where the Department makes a correction or amendment, it shall notify any person affected by that correction or amendment.

(6) In this regulation, “direct seller” and “producer” include a person who occupies land with quota whether or not that person is engaged in the sale or delivery of dairy produce.

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