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PART 5THE LEVY

Determination whether levy on deliveries is payable

26.—(1) Where the total amount of the wholesale quota of producers, including converted quota, together with the total amount of wholesale quota in the national reserve exceeds whichever is the higher of –

(a)the total volume of deliveries referred to in regulation 25(1)(a); or

(b)the total volume of deliveries referred to in regulation 25(1)(b),

the Department shall determine that no levy is payable on deliveries.

(2) The Department shall notify all purchasers of a determination made under paragraph (1).

(3) Where the total amount of the wholesale quota of producers, including converted quota, together with the total amount of wholesale quota in the national reserve is less than whichever is the higher of –

(a)the total volume of deliveries referred to in regulation 25(1)(a); or

(b)the total volume of deliveries referred to in regulation 25(1)(b),

the Department shall notify all purchasers that levy is payable on the higher volume of deliveries.