The Dairy Produce Quotas Regulations 1991

Secondary quota

6.—(1) For the purposes of an award of secondary quota under paragraph 5, the Tribunal shall determine in respect of each producer—

(a) the quantity of additional milk products made from milk produced on his holding that might reasonably be expected to be produced annually using—

(i) the facilities available to the producer on 28th February 1991, and

(ii) the additional facilities expected to be available to the producer on 31st March 1992 by virtue of money expended or a contract entered into as mentioned in paragraph 5(a) and (b) before 1st March 1991;

(b) the quantity of the additional milk products referred to in subparagraph (a) that might reasonably be expected to be sold by direct sale by the producer annually.

(2) In making the determination referred to in subparagraph 1(b) the Tribunal shall have regard to the producer’s established pattern of sales of additional milk products and to the producer’s commitment to supply such products.

(3) For the purposes of an award of secondary quota, the Tribunal may also determine in respect of each producer—

• the quantity, or a part of the quantity, by which the sum of the producer’s wholesale and direct sales quota (other than any primary quota awarded under paragraph 2), taking account of any wholesale and direct sales quota permanently or temporarily transferred by or to him since 28th February 1991, exceeds the quantity of the dairy produce other than additional milk products which that producer may be expected to sell by direct sale or deliver to a purchaser in the quota year ending on 31st March 1992,

if in the Tribunal’s opinion it is fair and reasonable that such a quantity or a part of a quantity should be taken into account in making the award.