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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.”; and
(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”.
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