The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations (“the Regulations”) consolidate (with changes) the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 (S.I. 1993/1626, as amended by S.I. 1993/3036, S.I. 1994/2894 and S.I. 1996/1939).

2.  The Regulations, which extend to the United Kingdom as a whole, make provision for the administration of the quota system for sheep annual premium established by Articles 5a and 5b of Council Regulation 3013/89 and the quota system for suckler cow premium established by Articles 4(d) to 4(f) of Council Regulation 805/68. Definitions of references to those Council Regulations may be found in regulation 2(1) of the Regulations.

3.  The Regulations—

(a) lay down rules for determining the location of a producer’s holding (regulation 3 as read with Schedule 1);

(b) lay down rules for notifying transfers and leases of quota (regulation 4);

(c) specify the proportion of quota that is transferred to the national reserve on a transfer of quota without a corresponding transfer of a holding (regulation 5(1));

(d) specify a minimum level of suckler cow premium quota that small producers may transfer or lease out (regulation 5(2));

(e) lay down rules for determining whether or not a producer has transferred quota without also transferring his holding (regulation 6 and Schedule 2);

(f) lay down rules in relation to the place of origin, acquisition and use of quota from the national reserve (regulation 7);

(g) specify that in certain cases quota may be transferred or leased between sensitive zones as defined by regulation 2(1) (regulation 8);

(h) provide for the division of the national reserve into 6 divisions, each division to correspond with a sensitive zone (regulation 9);

(i) provide for the distribution of quota in the national reserve into the aforementioned divisions (regulation 10);

(j) lay down the principles governing allocations of quota from the national reserve (regulation 11; Schedules 3, 4 and 5);

(k) establish a quota register and provide for the supply of copies of register entries in specified circumstances (regulations 12 and 13);

(l) give specified persons a number of powers which may be used for the purpose of verifying an application for an allocation of quota from the national reserve (regulation 14));

(m) create offences and penalties (regulation 15);

(n) revoke S.I. 1993/1626, as amended (regulation 16).

4.  The principal changes of substance made by the Regulations are as follows:

(a) the 2 sensitive zones into which Northern Ireland was formerly divided have been combined into a single sensitive zone;

(b) the rules regarding the location of a holding situated in more than one sensitive zone which are set out in regulation 3 have been clarified;

(c) revisions have been made to the conditions governing eligibility under categories III, group (b), IV and VI, group (a), of the national reserve which are set out in Schedule 3; to the rules for determining the amount of quota to which persons falling within those categories are entitled which are set out in Schedule 4; and to the test for determining when an allocation of quota from the national reserve is to be effective which is set out in Schedule 5.

5.  A regulatory appraisal has been prepared in respect of these Regulations. A copy of it has been deposited in the library of each House of Parliament.