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Title commencement and application

1.  The title of these Regulations is the Dairy Produce Quotas (Wales) (Amendment) Regulations 2006 and they come into force on 31 March 2006. These Regulations apply in relation to Wales.

Amendment of the Dairy Produce Quotas (Wales) Regulations 2005

2.  The Dairy Produce Quotas (Wales) Regulations 2005(1) are amended as follows.

3.  In regulation 16(3), before the word “quota” insert “, as unused, ”.

4.  In regulation 23(4)(a), for “reach the National Assembly no later than” substitute “be sent to the National Assembly on or before”.

5.  In regulation 33(5)—

(a)for “provide the National Assembly with” substitute “send to the National Assembly”;

(b)for “and ensure that the list reaches it no later than” substitute “on or before”.

6.  In regulation 35—

(a)in paragraph (1)(a)—

(i)for “submit” (wherever occurring) substitute “send”;

(ii)omit “so that the declaration reaches it”;

(b)in paragraph (1)(b)—

(i)for “submit” (wherever occurring) substitute “send”;

(ii)omit “so that the summary reaches it”;

(c)in paragraph (2), for “submitted” substitute “sent”.

7.  In regulation 36—

(a)in paragraph (1), for “and (3)” substitute “to (3)”;

(b)after paragraph (2), insert—

(2A) Where a purchaser—

(a)sends to the National Assembly a summary of producers' statements required to be submitted under Article 8(2) of the Commission Regulation, which is inaccurate; and

(b)by doing so causes an overstatement or an understatement by him or her, of deliveries made to him or her,

he or she is liable to pay to the National Assembly a penalty equivalent to the theoretical amount of levy that would be due on 0.5% of the quantity by volume of milk which comprises the overstatement or understatement.;

(c)in paragraph (6)—

(i)after “liable to pay to the National Assembly” insert “, if it serves notice,”;

(ii)at the end add “starting on the thirtieth day after service of the notice”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

D. Elis-Thomas

The Presiding Officer of the National Assembly

14 March 2006