The Sheep Annual Premium and Suckler Cow Premium Quotas (Re-assessment of Eligibility) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply throughout the United Kingdom, make the legislative provisions considered necessary to give effect to the judgment of the High Court of Justice in the case called R v. Ministry of Agriculture, Fisheries and Food and the Secretary of State for Wales ex parte the National Union of Farmers and Others (action numbers CO/706/95 and CO/834/95). Judgment was delivered on 22nd June 1995. Following that judgment, the High Court granted a declaration that the conditions set out in Part V of Schedule 2 to the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 (S.I. 1993/1626, as amended by S.I. 1993/3036 and S.I. 1994/2894) were unlawful.

2.  Regulation 13A(2) of S.I. 1993/1626 stated that a person falling within category 3, group (c), of the national quota reserve for 1993, as set out in Part I of Schedule 2 to that instrument (generally described as a “developer”), was eligible to be awarded quota from that national quota reserve (as defined by regulation 2(1) of S.I. 1993/1626). Regulation 13A(15) of S.I. 1993/1626 provided that a person fell within category 3, group (c), only if the conditions specified in Part V of Schedule 2 to that instrument were satisfied in his case. Those conditions stipulated that the producer had to provide some sort of written document showing an investment plan committing the producer to acquiring additional sheep or as the case may be suckler cows. The document had to have been drawn up before 1st January 1993 and authenticated at the time it was prepared by a professional adviser.

3.  S.I. 1993/1626 (applying throughout the United Kingdom) made provision for the implementation in part of Articles 5a and 5b of Council Regulation (EEC) No. 3013/89(1), Articles 4d to 4h of Council Regulation (EEC) No. 805/68(2), Commission Regulation (EEC) No. 3567/92(3) and Articles 22 to 45 of Commission Regulation (EEC) No. 3886/92(4). Articles 5a and 5b of Council Regulation (EEC) No. 3013/89 and Commission Regulation (EEC) No. 3567/92 establish a system of quotas for sheep annual premium. Articles 4d to 4h of Council Regulation (EEC) No. 805/68 and Articles 22 to 45 of Commission Regulation (EEC) No. 3886/92 establish a system of quotas for suckler cow premium.

4.  These Regulations—

(a) establish and describe a special quota reserve, and specify how it is to be funded (regulation 3);

(b) establish who is eligible for an award of quota from the special quota reserve, lay down conditions for making an application for such an award and specify when such an award is to become effective (regulation 4);

(c) specify the amounts of quota that will be awarded to successful applicants from the special quota reserve and state how those awards will be calculated (regulation 5);

(d) specify a procedure to be followed where there is insufficient quota within a division of the special quota reserve to fund the awards referred to in sub-paragraph (c) of this paragraph (regulation 6);

(e) lay down the rules governing quota surpluses in the special quota reserve (regulation 7);

(f) indicate the rules determining the location of an applicant’s holding for the purposes of these Regulations (regulation 8);

(g) give officials certain powers in connection with the verification of applications for awards of quota from the special quota reserve (regulation 9);

(h) create offences (together with associated penalties) in relation to, first, the making of applications for awards of quota from the special quota reserve and, second, the obstruction of officials in the exercise of the powers referred to in sub-paragraph (g) of this paragraph (regulation 10); and

(i) revoke regulation 13A(15) of and Part V of Schedule 2 to S.I. 1993/1626 (regulation 11).

5.  No compliance cost assessment has been prepared in respect of these Regulations.

(1)

OJ No. L289, 7.10.89, p.1; Articles 5a and 5b were inserted by Council Regulation (EEC) No. 2069/92 (OJ No. L215, 30.7.92, p.59).

(2)

OJ No. L148, 28.6.68, p.24 (OJ/SE 1968(I) p.187); Articles 4d to 4h were inserted by Council Regulation (EEC) No. 2066/92 (OJ No. L215, 30.7.92, p.49).

(3)

OJ No. L362, 11.12.92, p.41, as last amended by Commission Regulation (EC) No. 1847/95 (OJ No. L177, 28.7.95, p.32).

(4)

OJ No. L391, 31.12.92, p.20, as last amended by Commission Regulation (EC) No. 1846/95 (OJ No. L177, 28.7.95, p.28).