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

Awards of quota from the special quota reserve

5.—(1) Where a person has made a successful application under regulation 4(2) for an award of quota from the special quota reserve the Minister to whom the application was made shall make to the person concerned (without notifying him of it) a notional award of quota, from the division of the special quota reserve corresponding with the sensitive zone in which his holding is situated, equivalent to the number of sheep or as the case may be suckler cows a commitment to acquire which has been made in the investment programme required by paragraph 2 of the Schedule to these Regulations, provided that—

(a) where the programme extends beyond 1995 the notional amount of quota awarded in accordance with this paragraph shall correspond with the number of sheep or as the case may be suckler cows speified in the programme as committed for acquisition by 31st December 1995; and

(b) no notional award of quota shall be made in accordance with this paragraph in respect of such number of sheep or as the case may be suckler cows for which the applicant has already had an equivalent allocation of quota of the corresponding kind.

(2) The notional award of quota to which a person is entitled under paragraph (1) shall be reduced by the amount of quota of the corresponding kind which he has acquired by transfer, notification of which, as referred to in regulation 5 of the 1993 Regulations, was effected—

(a) on or before 6th August 1993, in the case of sheep annual premium quota; and

(b) on or before 12th November 1993, in the case of suckler cow premium quota,

unless (pursuant to regulation 13A(9) of the 1993 Regulations) a deduction of that quota has been previously taken into account in making an allocation of quota to the person concerned.

(3) The Minister with responsibility for the part of the United Kingdom in which the sensitive zone corresponding with any given division of the special quota reserve is situated shall—

(a) calculate the number of successful applications for awards of quota from that division which have been made under regulation 4(2);

(b) calculate the amount of quota which will in consequence of those successful applications fall to be awarded on a notational basis from that division under paragraph (1);

(c) identify, by all practicable means and by the date referred to in regulation 4(2), all those persons who would be eligible for awards of quota from that division under regulation 4(1) were they still producers;

(d) calculate the amount of quota which would be awarded on a notional basis from that division to those persons under paragraph (1) were they still producers and had they made successful applications under regulation 4(2);

(e) calculate the amount of quota which successful applicants falling within category 3, group (a), category 3, group (b) or category 3, group (c) were entitled to have allocated to them from the corresponding division of the national reserve for 1993 under Schedule 3 to the 1993 Regulations;

(f) add together the amounts of quota calculated as aforesaid (whether notional or actual);

(g) ascertain the amount of quota which remained available in the corresponding division of the national reserve for 1993 for distribution following the making of allocations from it to successful applicants under categories 1 and 2 of that reserve; and

(h) establish the requisite percentage, being the lower of

(i) the percentage of the total referred to in sub-paragraph (f) of this paragraph represented by the amount of quota ascertained in accordance with sub-paragraph (g) of this paragraph, and

(ii) 100%.

(4) The actual award of quota to which a producer is entitled under this regulation shall be the percentage of the notional award to which he is entitled under paragraph (1) (represented as an amount of quota) corresponding with the requisite percentage established in accordance with paragraph (3)(h), and reduced by the amount of quota of the corresponding kind still held by him which he has acquired by transfer, notification of which, as referred to in regulation 5 of the 1993 Regulations, has been effected—

(a) after 6th August 1993 but—

(i) where the quota was acquired in Great Britain, before 5th February 1996, and

(ii) where the quota has been acquired in Northern Ireland, before 15th February 1996,

in the case of sheep annual premium quota; and

(b) after 12th November 1993 but—

(i) where the quota was acquired in Great Britain, before 1st February 1996, and

(ii) where the quota has been acquired in Northern Ireland, before 15th February 1996,

in the case of suckler cow premium quota.

(5) The actual award of quota to which a producer is entitled under this regulation shall be made by notification being given to him by the Minister to whom his application was made under regulation 4(2).