This Scottish Statutory Instrument has been made in consequence of defects in S.S.I. 2005/91 and is being issued free of charge to all known recipients of that instrument
2006 No. 119
The Dairy Produce Quotas (Scotland) Amendment Regulations 2006
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement1
These Regulations may be cited as The Dairy Produce Quotas (Scotland) Amendment Regulations 2006 and shall come into force on 31st March 2006.
Amendment of the Dairy Produce Quotas (Scotland) Regulations 2005
2
The Dairy Produce Quotas (Scotland) Regulations 20052 are amended in accordance with regulations 3 to 7.
3
In regulation 16(3) (restrictions on transfer of quota), before “quota” insert “, as unused,”.
4
In regulation 23(4)(a) (adjustment of purchaser quota),
a
for “reach” substitute “be sent to”; and
b
for “no later than” substitute “on or before the”.
5
In regulation 33 (information) for paragraph (5) substitute–
5
On or before the 14th May following the end of each quota year each purchaser shall send to the Scottish Ministers a list of wholesale quota holders registered with that purchaser at 31st March in each quota year (whether they have been so registered for the whole or part of that quota year) who–
a
hold wholesale quota in respect of that quota year that has not been acquired by temporary transfer for that quota year; and
b
have not made deliveries to that purchaser during that quota year.
6
In regulation 35 (annual declarations and summaries)–
a
in paragraph (1)(a)–
i
for “submit” in each place where it appears substitute “send”;
ii
omit “so that the declaration reaches the Scottish Ministers”;
b
in paragraph (1)(b)–
i
for “submit” in each place where it appears substitute “send”;
ii
omit “so that the summary reaches them”; and
c
in paragraph (2) for “submitted” substitute “sent”.
7
In regulation 36 (administrative penalties)–
a
in paragraph (1), for “and (3)” substitute “to (3)”;
b
insert after paragraph (2)–
2A
Where a purchaser–
a
sends to the Scottish Ministers a summary of producers' statements required to be submitted under Article 8(2) of the Commission Regulation which is inaccurate; and
b
by doing so causes an overstatement or an understatement by the purchaser of deliveries made to the purchaser,
the purchaser is liable to pay to the Scottish Ministers a penalty equivalent to the theoretical amount of levy that would be due on 0.5% of the quantity by volume of milk which comprises the overstatement or understatement.
c
in paragraph (6)–
i
after “liable to pay to the Scottish Ministers” insert “, if the Scottish Ministers serve notice to that effect,”; and
ii
after “reaching the Scottish Ministers” insert “starting on the thirtieth day after service of the notice”.
(This note is not part of the Regulations)