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The Dairy Produce Quotas (Scotland) Regulations 2005

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Temporary reallocation of quota

19.—(1) This regulation applies where a producer has quota registered as the quota of the producer in relation to a holding which–

(a)at any time during a quota year is in whole or in part subject to a notice served, or declaration made, under an order made pursuant to section 17(1) of the Animal Health Act 1981(1) prohibiting or regulating the movement of dairy cows; or

(b)is situated wholly or partly within an area which at any time during a quota year has been designated by an order made pursuant to section 1 of the Food and Environment Protection Act 1985(2).

(2) For the purposes of the reallocation of quota referred to in Article 10(3) of the Council Regulation and subject to paragraph (10), the Scottish Ministers may award to a producer a temporary reallocation of an amount of any surplus quota in accordance with the provisions of paragraphs (3) to (5).

(3) An award may only be made for a quota year in which the notice, declaration or order referred to in paragraph (1) has effect or remains in force.

(4) The amount of any such award is the lower of–

(a)the amount equal to 16 litres per qualifying cow per qualifying day in the quota year referred to in paragraph (3); and

(b)the amount by which the production of the producer exceeds the quota entitlement of that producer in that quota year.

(5) An award to a producer under this regulation is not available in respect of a quota year during which the producer–

(a)transfers unused quota pursuant to regulation 9 or 13;

(b)makes a temporary transfer of quota pursuant to regulation 15; or

(c)purchases cows or in-calf heifers for dairy purposes,

unless the Scottish Ministers are satisfied that the agreement to transfer, temporarily to transfer or to purchase, was entered into before the service of the notice or the making of the declaration referred to in paragraph (1)(a) or, as the case may be, the coming into force of the order referred to in paragraph (1)(b).

(6) If a producer requires an award of a temporary reallocation of quota under this regulation, the producer shall submit to the Scottish Ministers an application in such form as the Scottish Ministers may reasonably require.

(7) An application referred to in paragraph (6) must reach the Scottish Ministers no later than 30th April following the end of the quota year in which the holding, or part of the holding, in question, was–

(a)subject to a relevant notice or a relevant declaration; or

(b)situated in an area designated by a relevant order.

(8) If the Scottish Ministers award to a wholesale producer a temporary reallocation of an amount of any surplus wholesale quota in accordance with this regulation, the Scottish Ministers shall notify each purchaser to whom the wholesale producer makes deliveries of that reallocation.

(9) The Scottish Ministers may make an award of a temporary reallocation of quota only from the aggregate of the amounts of quota referred to in regulations 27(3)(a) and 30(9)(a) once the aggregate has been determined under those regulations.

(10) An eligible heifer which is a qualifying cow for the purposes of a quota year shall not be a qualifying cow for the purposes of any subsequent quota year.

(11) In this regulation–

(a)“eligible heifer” means a qualifying heifer which calves for the first time on a relevant calving day;

(b)“qualifying cow”, for the purposes of a quota year, means an eligible heifer which calves for the first time at a time when the number of eligible heifers exceeds the replacement number, whether or not the time of such calving falls during that quota year;

(c)“qualifying heifer” means a heifer which either–

(i)at the date of service of a relevant notice or the making of a relevant declaration, was on land subject to that notice or, as the case may be, that declaration; or

(ii)at the date of the coming into force of a relevant order, was on land subject to that order;

(d)“qualifying day”, in relation to any qualifying cow, means the day on which it calves and each later day or part of a later day during which the relevant notice, the relevant declaration or the relevant order in question has effect or, as the case may be, remains in force;

(e)“relevant declaration” means a declaration referred to in paragraph (1)(a);

(f)“relevant notice” means a notice referred to in paragraph (1)(a); and

(g)“relevant order” means an order referred to in paragraph (1)(b).

(12) In this regulation, “relevant calving day”, in relation to a qualifying heifer, means a day which falls–

(a)in a case where the relevant notice, relevant declaration or relevant order in question has effect or is in force for a period which expires at or before the end of the quota year during which it is served or (as the case may be) made, within the period of twelve months ending with the date on which that notice, declaration or order ceases to have effect or (as the case may be) to be in force; and

(b)in any other case, within the quota year during which the relevant notice, the relevant declaration or the relevant order is served or made or at any later time when the relevant notice, the relevant declaration or the relevant order has effect or is in force.

(13) In this regulation, “replacement number” means the nearest whole number to 20% of the total number of dairy cows on land–

(a)in a case where the land is subject to a relevant notice or a relevant declaration, as at the date of service of that notice or declaration; or

(b)in a case where the land is subject to a relevant order, as at the date of the coming into force of that order,

and where 20% of the total number is half way between two whole numbers, the nearest even whole number is deemed to be the nearest whole number to 20%.

(2)

1985 c. 48; section 1 was amended by the Food Safety Act 1990 (c. 16), section 51(2), by the Food Standards Act 1999 (c. 28), section 40(1) and Schedule 5, paragraph 6(1) and (3), by S.I. 1999/1756 and by S.I. 2000/2040.

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