The Dairy Produce Quotas (Amendment) Regulations 1989

Transfer of quota

4.  After paragraph (1) of regulation 8 of the principal regulations there shall be inserted–

“(1A) Notwithstanding paragraph (1) above, the Minister may decide, in respect of transfers of any holding or part of a holding in a quota year which have not been notified to him in writing by the transferee before a date to be determined by him in the following quota year, that for the purposes of any levy or Formula B contribution–

(a) the unused quota transferred with such transfers shall not be treated as a part of the transferee’s quota entitlement for the quota year in which the transfer took effect and shall be treated as if it remained the unused quota of the transferee as at 31st March of that quota year, and

(b) a transferee shall not be entitled to demand that, by reason of such a transfer, an amendment be made to the amount of quota, if any, which has been reallocated to him under Schedule 6 for the quota year in which the transfer took effect.

(1B) A decision by the Minister, together with the date determined by him, under paragraph (1A) above shall be announced by advertisement published in the Gazette and the farming press at least two months before that date or, in the event that such publication is not possible for any reason, by such other means of publication as the Minister considers likely to come to the attention of producers.”