The Dairy Produce Quotas Regulations 1997

Regulation 34

SCHEDULE 6 DAIRY PRODUCE QUOTA TRIBUNALS

PART 1 DAIRY PRODUCE QUOTA TRIBUNALS (OTHER THAN FOR SCOTLAND)

1.  Each Dairy Produce Quota Tribunal shall consist of up to ninety members appointed by the Minister. The Minister shall designate one of the members of each Tribunal as the Chairman of that Tribunal and may, if he thinks fit, designate another member as the Deputy Chairman.

2.  The quorum for any determination by a Dairy Produce Quota Tribunal shall be three.

3.  Any determination to be made by a Dairy Produce Quota Tribunal shall be made by a majority.

4.  Each Dairy Produce Quota Tribunal may be serviced by a Secretary and such other staff as the Minister may appoint.

5.  Any document purporting to be signed by the Chairman or Deputy Chairman of, or the Secretary to, a Dairy Produce Quota Tribunal and purporting to state a determination (or guidance) of the Dairy Produce Quota Tribunal shall in any proceedings be evidence of such a determination (or such guidance).

6.  The terms of appointment and the remuneration of the members, Secretary and other staff of a Dairy Produce Quota Tribunal shall be determined by the Minister.

7.  Except as otherwise provided in these Regulations, the procedure of a Dairy Produce Quota Tribunal shall be such as the Chairman or, in the absence of the Chairman, the Deputy Chairman shall determine.

PART II THE DAIRY PRODUCE QUOTA TRIBUNAL FOR SCOTLAND

8.  The Dairy Procuce Quota Tribunal shall consist of up to twenty members appointed by the Minister.

9.  The Dairy Produce Quota Tribunal shall sit in separate panels, and a determination of any such panel shall be treated as the determination of the Tribunal for the purpose of these Regulations.

10.  Each panel constituted under paragraph 9 shall choose their own Chairman.

11.  The quorum for any determination by the Dairy Produce Quota Tribunal shall be three.

12.  Any determination to be made by the Dairy Produce Quota Tribunal shall be made by a majority.

13.  Each panel constituted under paragraph 9 shall be serviced by a Secretary and such other staff as the Minister may appoint.

14.  Any document purporting to be signed by the Chairman of or the Secretary to a panel constituted under paragraph 9 and purporting to state a determination of the Dairy Produce Quota Tribunal shall in any proceedings be evidence of such a determination.

15.  The terms of appointment and the remuneration of—

(a) the members of the Dairy Produce Quota Tribunal, and

(b) the Secretary and other staff of a panel constituted under paragraph 9 shall be determined by the Minister.

16.  Except as otherwise provided in these Regulations, the procedure of a panel constituted under paragraph 9 shall be such as their Chairman shall in his discretion determine.

17.  A panel constituted under paragraph 9 may consult with any person whom the panel consider to be capable of assisting them in reaching their determination and, in the event of such consultation, the applicant whose special case claim under the Regulations revoked by these Regulations is being examined by the panel shall be afforded the opportunity to comment, before the panel reach their determination, on any advice given by that person.

PART III GENERAL

18.  The Dairy Produce Quota Tribunals for England and Wales, Scotland and Northern Ireland shall, if so required by the Minister, issue a joint written statement of general guidance in respect of the criteria to be used in reaching any determination and each Dairy Produce Quota Tribunal shall make its determinations in accordance with those criteria.