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The Dairy Produce Quotas (Wales) Regulations 2005

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application

  3. PART 2 REGISTRATION OF QUOTA

    1. 4.Registers and notices to be maintained and prepared by the National Assembly

    2. 5.Approval of purchasers

    3. 6.Obligations of producers and purchasers with respect to registration and deliveries

    4. 7.Inspection of entries in the National Assembly’s registers

    5. 8.Registers as evidence

  4. PART 3 TRANSFERS OF QUOTA

    1. 9.Transfer of quota with transfer of land: general

    2. 10.Transfer of part of holding

    3. 11.Prospective apportionment of quota

    4. 12.Cases where apportionment of quota by arbitration is required

    5. 13.Transfer of quota without transfer of land

    6. 14.Retention of quota at the end of a tenancy

    7. 15.Temporary transfer of quota

    8. 16.Restrictions on transfer of quota

    9. 17.Consequences of failure to duly submit a transfer notice

  5. PART 4 ALLOCATIONS AND ADJUSTMENTS OF QUOTA

    1. 18.Allocation from national reserve

    2. 19.Temporary reallocation of quota

    3. 20.Special allocation of quota

    4. 21.Conversion of quota: general

    5. 22.Conversion of quota: restriction on transfers of converted quota in conversion year

    6. 23.Adjustment of purchaser quota

    7. 24.Restriction on use of quota in Scottish Islands Area

  6. PART 5 THE LEVY

    1. 25.Determination whether reduction in downward butterfat adjustment is required in relation to deliveries

    2. 26.Determination whether levy on deliveries is payable

    3. 27.Reallocation of producers' quota

    4. 28.Determination of liability for levy on deliveries

    5. 29.Notification of levy liability

    6. 30.Determination of liability for levy on direct sales

    7. 31.Payment and recovery of levy

    8. 32.Prevention of avoidance of levy

  7. PART 6 INFORMATION AND RECORDS

    1. 33.Information

    2. 34.Keeping and retention of records

    3. 35.Annual declarations and summaries

  8. PART 7 PENALTIES AND MISCELLANEOUS PROVISIONS

    1. 36.Administrative penalties

    2. 37.Withholding or recovery of compensation

    3. 38.Confiscation of quota

    4. 39.Restoration of quota

    5. 40.Offences and criminal penalties

    6. 41.Revocations and amendments

  9. Signature

    1. SCHEDULE 1

      APPORTIONMENT AND PROSPECTIVE APPORTIONMENT BY ARBITRATION

      1. Appointment and remuneration of arbitrator

        1. 1.(1) Subject to paragraph (2), in any case where an...

        2. 2.(1) In any case where a prospective apportionment is to...

        3. 3.(1) An arbitrator appointed in accordance with paragraph 1(1) to...

        4. 4.(1) No application may be made to the President for...

        5. 5.Where the National Assembly makes an application to the President...

        6. 6.Any appointment of an arbitrator by the President must be...

        7. 7.For the purposes of paragraph 1(2) the panel of arbitrators...

        8. 8.If the arbitrator dies, or is incapable of acting, or...

        9. 9.No party to the arbitration may revoke the appointment of...

        10. 10.Every appointment, application, notice, revocation and consent under paragraph 1,...

        11. 11.(1) The remuneration of the arbitrator —

        12. 12.Conduct of proceedings and witnesses

        13. 13.Within 35 days of the appointment of the arbitrator, or...

        14. 14.The parties to the arbitration and all persons claiming through...

        15. 15.Any person having an interest in the holding to which...

        16. 16.Witnesses appearing at the arbitration must, if the arbitrator thinks...

        17. 17.The provisions of county court rules as to the issuing...

        18. 18.(1) Subject to sub-paragraphs (2) and (3), any person who...

        19. 19.(1) Subject to sub-paragraph (2), upon application by any party...

        20. 20.The High Court may order that a writ of habeas...

        21. 21.Award

        22. 22.The award is final and binding on the parties and...

        23. 23.The arbitrator may correct any clerical mistake or error in...

        24. 24.Reasons for award

        25. 25.Costs

        26. 26.On the application of any party, any such costs are...

        27. 27.(1) The arbitrator must, in awarding costs, take into consideration...

        28. 28.Special case, setting aside award and remission

        29. 29.(1) Where the arbitrator has misconducted himself or herself, the...

        30. 30.(1) The county court may from time to time remit...

        31. 31.Miscellaneous

        32. 32.For the purposes of this Schedule, an arbitrator appointed by...

        33. 33.Any instrument of appointment or other document purporting to be...

        34. 34.The Arbitration Act 1996 does not apply to an arbitration...

    2. SCHEDULE 2

      KEEPING AND RETENTION OF RECORDS

      1. 1.Records to be kept by purchasers

      2. 2.Records to be kept by producers

      3. 3.A wholesale quota holder who makes deliveries to a purchaser...

      4. 4.Records to be kept by any person undertaking butterfat testing in a laboratory

      5. 5.Records to be kept by hauliers

      6. 6.Records to be kept by processors

      7. 7.Records to be kept by persons buying, selling or supplying milk or milk products obtained directly from a producer or purchaser

      8. 8.In this Schedule, in relation to any records — “the...

  11. Explanatory Note

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