The Dairy Produce Quotas (Scotland) Amendment Regulations 2004

Amendment of regulation 12

9.  For regulation 12 (transfer of quota without transfer of land) substitute–

“Transfer of quota without transfer of land

12.— (1) This regulation applies where the competent authorities in England, Wales, Scotland and Northern Ireland have jointly determined in accordance with paragraphs (1)(e) and (2) of Article 18 of the Council Regulation, that within each United Kingdom quota region transfer of quota without transfer of the corresponding land is authorised.

(2) A transferee of quota for whom the Scottish Ministers are the relevant competent authority shall submit a notice of any such transfer within the general quota region in such form as they may reasonably require to reach them no later than 31st March in the quota year in which the transfer takes place.

(3) The notice referred to in paragraph (2) shall include–

(a) statements by the transferor and transferee that they have agreed to the transfer of quota, stating the amounts of used and unused quota transferred;

(b) a consent or sole interest notice from the transferor in respect of the entire holding from which the quota is to be transferred; and

(c) a statement from the transferee that the transferee is a producer.

(4) Where the Scottish Ministers have received a notice pursuant to paragraph (2), they may require that the transferor or transferee shall produce such other information relating to the transfer, and within such time, as they may reasonably determine.

(5) In this regulation–

(a) “competent authorities” shall be construed in accordance with regulation 2 of the Dairy Produce Quotas (General Provisions) Regulations 2002;

(b) “general quota region” means the United Kingdom other than the Scottish Islands areas; and

(c) “United Kingdom quota region” means a Scottish Islands area or the general quota region.”.