The Dairy Produce Quotas (Scotland) Regulations 2005

Registers and notices to be maintained and prepared by the Scottish Ministers

4.—(1) The Scottish Ministers shall–

(a) maintain a direct sales register; and

(b) send to each direct seller a copy of the entry in the direct sales register relating to that direct seller.

(2) The direct sales register shall contain an entry in respect of each direct seller setting out in particular–

(a) the name of each direct seller;

(b) the trading address of each direct seller or, where there is more than one such address, each such address, and the principal trading address of each direct seller;

(c) a reference number which serves to identify the direct seller;

(d) the direct sales quota available to that direct seller for the quota year; and

(e) the details of the direct sales of that direct seller.

(3) The Scottish Ministers shall–

(a) maintain a wholesale register;

(b) send to each wholesale producer a copy of the entry in the wholesale register relating to that wholesale producer; and

(c) send to each purchaser named in the list referred to in paragraph (4)(e) a copy of that part of the entry relating to the purchaser quota of that purchaser.

(4) The wholesale register shall contain an entry in respect of each wholesale producer setting out in particular–

(a) the name of each wholesale producer;

(b) the trading address of each wholesale producer or, where there is more than one such address, each such address and the principal trading address of each wholesale producer;

(c) a reference number which serves to identify the wholesale producer;

(d) the wholesale quota available to the wholesale producer for the quota year; and

(e) a list of the name and address of each purchaser whose purchaser quota will be calculated to take into account all or part of the total wholesale quota of that wholesale producer, and of the wholesale quota registered with each purchaser, showing the representative fat content base of that quota calculated in accordance with Article 7 of the Commission Regulation.

(5) The Scottish Ministers shall–

(a) maintain a register of purchasers; and

(b) send to each purchaser a copy of the purchaser entry relating to that purchaser.

(6) The register of purchasers shall contain an entry in respect of each purchaser setting out in particular–

(a) the name of each purchaser; and

(b) the purchaser quota of that purchaser.

(7) For the purposes of paragraphs (1) to (4), where the holding of a quota holder comprises more than one dairy enterprise, that quota holder may, after submitting to the Scottish Ministers a consent or sole interest notice in respect of that holding, agree with the Scottish Ministers the partition of the quota available to that quota holder relating to that holding between separate direct sales register entries or separate wholesale register entries, as the case may be.

(8) The Scottish Ministers–

(a) may make such enquiries as they reasonably consider necessary for the purposes of ensuring the accuracy of the registers which they are required to maintain under this regulation;

(b) shall amend the registers–

(i) to record any allocation or adjustments made under or by virtue of these Regulations; or

(ii) to make any correction or amendment which they reasonably consider to be necessary; and

(c) shall notify any person affected by any correction or amendment made by them.

(9) Notwithstanding that a person is no longer a producer, that person shall–

(a) remain registered pursuant to this regulation; and

(b) for the purposes of this regulation and regulations 6, 7(a) and 33(1), continue to be regarded as a producer,

until the start of the quota year following the year in which the quota available to that person has been transferred or until the quota has been withdrawn under Article 15 of the Council Regulation.

(10) The obligation under paragraphs (1)(b), (3)(b) and (c) and (5)(b) is an obligation to send a copy of–

(a) an entry; or

(b) part of an entry,

as the case may be, as it has effect on 1st April in each year.