The Dairy Produce Quotas (Scotland) Regulations 2005

Adjustment of purchaser quota

23.—(1) Where the wholesale quota of a quota holder is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that wholesale quota is applicable is correspondingly increased or reduced.

(2) As regards a transaction to which Article 11(2) of the Council Regulation applies (which concerns replacements of purchasers and changes of purchasers by wholesale producers), a purchaser whose purchaser quota has been increased by virtue of such a transaction shall submit to the Scottish Ministers an application for the purchaser quota of that purchaser to be increased by the specified amount.

(3) An application referred to in paragraph (2) shall include–

(a) a statement setting out the particulars of the transaction; and

(b) a declaration made and signed by the wholesale producer that the purchaser whose purchaser quota is to decrease has been notified of the particulars set out in the application referred to in paragraph (2).

(4) The application referred to in paragraph (2)–

(a) must reach the Scottish Ministers no later than 14th May in the quota year immediately following that in which the transaction took place; and

(b) shall be made in such form as the Scottish Ministers may reasonably require.

(5) The specified amount shall not include the remaining registered wholesale quota except so far as the increase registered in pursuance of paragraph (8) includes that quota.

(6) The remaining registered wholesale quota shall remain available to the original purchaser.

(7) If insufficient wholesale quota is registered with the original purchaser to cover deliveries made by the wholesale producer before the date of change of purchaser, any additional wholesale quota obtained by a wholesale producer is to be allocated to the original purchaser until all deliveries to the original purchaser made by the wholesale producer before that date are covered after any adjustment for butterfat content in accordance with Article 10(1) of the Commission Regulation.

(8) At the beginning of the quota year immediately following the quota year in which the increase referred to in paragraph (2) took place, the purchaser quota of the purchaser with whom the wholesale producer is newly registered is to be increased by such part of the remaining registered wholesale quota of the wholesale producer as is included in the specified amount.

(9) If the amount of wholesale quota necessary to cover the deliveries made to an original purchaser is affected by–

(a) a transfer of wholesale quota to the wholesale producer under these Regulations; or

(b) an adjustment for butterfat content in accordance with Article 10(1) of the Commission Regulation,

then, subject to paragraph (10), the Scottish Ministers shall make such adjustments in the purchaser quota of the original purchaser, and of the purchaser with whom the wholesale producer is newly registered, as are required to ensure that sufficient quota is registered with the original purchaser to cover deliveries made.

(10) The Scottish Ministers shall make an adjustment pursuant to paragraph (9) after the end of the quota year in question.

(11) Where a wholesale producer has wholesale quota registered with two or more purchasers, the wholesale producer may apply to the Scottish Ministers temporarily to change the quota registered between them, except so far as the quota registered with each of them is necessary to cover the deliveries made by the wholesale producer before the date of the transfer after any adjustment for butterfat content in accordance with Article 10(1) of the Commission Regulation.

(12) A wholesale producer who makes an application to the Scottish Ministers pursuant to paragraph (11) shall submit with that application–

(a) a statement setting out particulars of the wholesale quota to be temporarily reregistered; and

(b) a declaration made and signed by the wholesale producer that the purchaser whose purchaser quota is to decrease has been notified of the particulars set out in the statement.

(13) The statement and declaration referred to in paragraph (12)–

(a) shall be in such form as the Scottish Ministers may reasonably require; and

(b) must reach the Scottish Ministers no later than 15th June in the quota year immediately following the quota year for which the temporary re-registration is requested.

(14) In this regulation–

(a) “remaining registered wholesale quota” means the amount of wholesale quota necessary to cover the deliveries made by a wholesale producer before the date of the change of purchaser (adjusted for butterfat content in accordance with Article 10(1) of the Commission Regulation); and

(b) “specified amount” means an amount equivalent to so much of the registered wholesale quota of a wholesale producer as is specified by that wholesale producer.