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The Dairy Produce Quotas Amendment (Scotland) Regulations 2000

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Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Dairy Produce Quotas Amendment (Scotland) Regulations 2000 and shall come into force on 1st April 2000.

(2) In these Regulations, “the 1997 Regulations” means the Dairy Produce Quotas Regulations 1997(1).

(3) These Regulations extend only to Scotland.

Amendment of the 1997 Regulations

2.  The 1997 Regulations are amended in accordance with regulations 3 to 7.

3.  In regulation 2(1) (interpretation) of the 1997 Regulations–

(a)in the definition of “the Council Regulation”, for the words “Commission Regulations (EC) No. 1109/96” there is substituted the words “Council Regulation (EC) No. 1256/1999(2)”; and

(b)in the definition of “Scottish Islands area” sub-paragraph (a) is deleted.

4.  In regulation 7 (transfer of quota with transfer of land) of the 1997 Regulations–

(a)in paragraph (1), for sub-paragraph (a) there is substituted–

(a)a notice of transfer in such form as may reasonably be required by the Board–

(i)in the case of a transfer made by lease before 1st March in any quota year, on or before 1st March in that year;

(ii)in the case of a transfer made otherwise than by lease, on or before 31st March in the quota year in which the transfer takes place;

and, in any case, no later than 28 days after the change of occupation of the holding or part of the holding takes place; and; and

(b)in paragraph (6), for the words “Where a transferee fails to submit the notice referred to in paragraph (1)(a) no later than seven working days after the end of the quota year in which the transfer takes place,” there is substituted the words “Where a notice of transfer referred to in paragraph (1)(a) has not been submitted, in the case of a transfer made by lease, on or before 1st March or, in the case of a transfer made otherwise than by lease, on or before 31st March in the quota year in which the transfer takes place,”.

5.  In regulation 11 (transfer of quota without transfer of land) of the 1997 Regulations–

(a)in paragraph (1), for the words “the fifth indent of the first paragraph” there is substituted “sub-paragraph (e)”; and

(b)in paragraph (5), for the words “no later than seven working days after the end of” there is substituted “not after 31st March in”.

6.  In regulation 13 (temporary transfer of quota) of the 1997 Regulations–

(a)in paragraph (1) the words “and subject to paragraph (5) below” are deleted;

(b)in paragraph (3) for the words “31st December” there is substituted “31st March”; and

(c)paragraph (5) is deleted.

7.  In regulation 30 (powers of authorised officers) of the 1997 Regulations–

(a)in paragraphs (2) and (3), immediately following the word “holding” there is inserted the words “or any other premises of a relevant person”;

(b)in paragraphs (4) and (5), for the word “producer” there is substituted the words “relevant person”; and

(c)immediately after paragraph 5 there is added the following paragraph–

(6) In this regulation, a “relevant person” means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier or any person undertaking butterfat testing for purchasers in a laboratory..

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

9th March 2000.

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