The Dairy Produce Quotas (Scotland) Regulations 2005

Cases where apportionment of quota by arbitration is required

12.—(1) This regulation applies where–

(a) there is a transfer of part of a holding; and

(b) the Scottish Ministers have reasonable grounds for believing that the areas used for milk production on the holding–

(i) are not as specified in a notice duly submitted pursuant to regulation 9 or an application duly submitted pursuant to regulation 11(1)(a), or

(ii) in a case where no such notice or no such application have been duly submitted, were not fully taken into account by the parties at the time of apportionment.

(2) The Scottish Ministers may give notice that they have reasonable grounds for believing the matters referred to in paragraph (1)(b)–

(a) to the person who submitted the notice or application referred to in paragraph (1)(b)(i); or,

(b) in the case where neither was submitted, to the quota holder of the holding in question.

(3) Where the Scottish Ministers give a notice under paragraph (2), the apportionment or prospective apportionment of the quota concerned shall be determined by arbitration in accordance with Schedule 1.