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The Dairy Produce Quotas (Scotland) Regulations 2002

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Registers to be prepared and maintained by the Scottish Ministers

22.—(1) The Scottish Ministers 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)the name of each direct seller;

(ii)the trading address of each direct seller, or, where there is more than one such address, each such address and the principal trading address of each direct seller;

(iii)a reference number which serves to identify the direct seller;

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

(v)quota issued to that person as special quota,

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

(2) The Scottish Ministers shall–

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

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

(i)the name of each producer;

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

(iii)a reference number which serves to identify the producer;

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

(v)quota issued to that producer 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 the total wholesale quota of that producer, 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 that person and, to each purchaser named on the list referred to in sub-paragraph (vi), a copy of that part of the entry relating to the purchaser quota of that person.

(3) The Scottish Ministers 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)the name of that purchaser;

(ii)the purchaser quota of that purchaser; and

(iii)the purchaser special quota of that purchaser,

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

(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 Scottish Ministers a consent or sole interest notice in respect of that holding, agree with them the partition of that holding between separate direct sales register entries or wholesale register entries as specified in the agreement.

(5) The Scottish Ministers may make such enquiries as they reasonably consider to be necessary for the purposes of ensuring the accuracy of the registers which they are 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 they reasonably consider to be necessary, and, where they make a correction or amendment, they 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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