The Dairy Produce Quotas (Wales) Regulations 2005

Retention of quota at the end of a tenancy

14.—(1) This regulation has effect as respects tenancies ending after 31 March 2005.

(2) Where —

(a) a tenant of any land in a holding has quota registered as available to him or her;

(b) the quota is so registered by virtue of a transfer referred to in regulation 13 the cost of which was not borne by the tenant’s landlord;

(c) the tenancy of the land in question expires without any possibility of renewal on similar terms;

(d) the tenant and his or her landlord have not agreed that, after the expiry of the tenancy, the quota should no longer be available to the tenant; and

(e) the tenant continues to be a producer after the expiry of the tenancy in relation to —

(i) another holding, or

(ii) another part of the holding of which the land formed part,

the tenant may submit a notice to the National Assembly that the quota is to be available to him or her by virtue of his or her occupation of that other holding or that other part of the holding of which the land formed part.

(3) A notice submitted pursuant to paragraph (2) must —

(a) be in such form as the National Assembly may reasonably require;

(b) reach the National Assembly no later than 31 March in the quota year in which the tenancy expires; and

(c) include a statement by the tenant —

(i) that he or she and his or her landlord have not agreed that, after the expiry of the tenancy, the quota should be registered in relation to the holding which then comprises or, as the case may be, includes, the land, stating the amounts of used and unused quota involved, and

(ii) that he or she continues to be a producer.

(4) Where a tenant submits a notice pursuant to this regulation, he or she shall not be entitled to receive compensation under paragraph 1 of Schedule 1 to the Agriculture Act 1986(1) on the termination of the tenancy in question.

(1)

1986 c. 49.