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The Dairy Produce Quotas (Scotland) Regulations 2005
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- Scottish Statutory Instruments
- 2005 No. 91
- PART 3
- Regulation 17
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Consequences of failure duly to submit a transfer notice
17.—(1) This regulation applies if a notice of transfer is not duly submitted in accordance with regulation 9 or 13.
(2) Any unused quota transferred shall not be treated as a part of the quota entitlement of the transferee for the relevant quota year, but shall be treated as if it remained unused quota and available where appropriate for reallocation by the Scottish Ministers in that quota year in accordance with regulation 27 or 30.
(3) The transfer of quota shall have effect only from the beginning of the quota year in which the notice of transfer is received by the Scottish Ministers.
(4) The amount of quota, if any, which has been reallocated to the transferee under regulation 27 or 30 for the relevant quota year (or any subsequent years) shall not be varied to take the transfer into account until the quota year in which the transfer notice is received.
(5) In this regulation “relevant quota year” means–
(a)in the case of a notice that should have been submitted in accordance with regulation 9, the quota year in which the transfer of the holding or the part of the holding takes effect; and
(b)in the case of a notice that should have been submitted in accordance with regulation 13, the quota year in which the transfer of quota takes effect.
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