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The Dairy Produce Quotas Regulations 1997

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  1. Introductory Text

  2. 1.Title and commencement

  3. 2.Interpretation

  4. 3.Establishment of quota

  5. 4.Determination of levy

  6. 5.Milk equivalence of dairy produce

  7. 6.Adjustment of purchaser quota

  8. 7.Transfer of quota with transfer of land

  9. 8.Apportionment of quota

  10. 9.Prospective apportionment of quota

  11. 10.Notification by the Intervention Board of apportionment of quota by arbitration

  12. 11.Transfer of quota without transfer of land

  13. 12.National reserve

  14. 13.Temporary transfer of quota

  15. 14.Temporary reallocation of quota

  16. 15.Special allocation of quota

  17. 16.Conversion of quota

  18. 17.Representative fat content of milk

  19. 18.Reallocation of quota and calculation of levy liability

  20. 19.Prevention of avoidance of levy

  21. 20.Payment of levy

  22. 21.Functions of the Intervention Board

  23. 22.Annual statements

  24. 23.Disapplication of enactments

  25. 24.Registers to be prepared and maintained by the Intervention Board

  26. 25.Inspection of entries in the Intervention Board’s registers

  27. 26.Obligations of direct sellers and purchasers with respect to registration and deliveries

  28. 27.Registers as evidence

  29. 28.Information

  30. 29.Withholding or recovery of compensation

  31. 30.Powers of authorised officers

  32. 31.Penalties

  33. 32.Confiscation and restoration of quota

  34. 33.Withdrawal of Special Quota

  35. 34.Dairy Produce Quota Tribunals

  36. 35.Revocation

  37. Signature

    1. SCHEDULE 1

      MEANING OF COMMUNITY LEGISLATION

      1. 1.Council Regulation (EEC) No. 857/84, adopting general rules for the...

      2. 2.Council Regulation (EEC) No. 764/89, amending Regulation (EEC) No. 857/84,...

      3. 3.Council Regulation (EEC) No. 1639/91, amending Regulation (EEC) No. 857/84,...

      4. 4.Commission Regulation (EEC) No. 1756/93, fixing the operative events for...

      5. 5.Council Regulation (EEC) No. 2187/93, providing for an offer of...

      6. 6.Commission Regulation (EEC) No. 2562/93, laying down detailed rules for...

      7. 7.Commission Regulation (EEC) No. 2648/93, laying down detailed rules for...

    2. SCHEDULE 2

      APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBI TRATION—ENGLAND AND WALES

      1. 1.Appointment and remuneration of arbitrator

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

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

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

      5. 5.Where the Intervention Board makes an application to the President...

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

      7. 7.A person appointed by the President as arbitrator shall, where...

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

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

      10. 10.No party to the arbitration shall have power to revoke...

      11. 11.Every appointment, application, notice, revocation and consent under paragraphs 1...

      12. 12.The remuneration of the arbitrator shall be—

      13. 13.Conduct of proceedings and witnesses

      14. 14.The parties to the arbitration shall, within thirty-five days of...

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

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

      17. 17.Witnesses appearing at the arbitration shall, if the arbitrator thinks...

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

      19. 19.(1) Subject to sub-paragraphs (2) and (3), any person who—...

      20. 20.(1) Subject to sub-paragraph (2), the judge of the county...

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

      22. 22.Award

      23. 23.The award shall be final and binding on the parties...

      24. 24.The arbitrator shall have power to correct in the award...

      25. 25.Reasons for award

      26. 26.Costs

      27. 27.On the application of any party, any such costs shall...

      28. 28.(1) The arbitrator shall, in awarding costs, take into consideration—...

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

      30. 30.(1) Where the arbitrator has misconducted himself, the county court...

      31. 31.(1) The county court may from time to time remit...

      32. 32.Miscellaneous

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

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

      35. 35.The Arbitration Act 1996 shall not apply to an arbitration...

    3. SCHEDULE 3

      APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBI TRATION OR SCOTTISH LAND COURT SCOTLAND

      1. PART I GENERAL

        1. 1.(1) Subject to sub-paragraphs (2) and (3) below, all apportionments...

        2. 2.(1) An arbiter or the Scottish Land Court, as the...

      2. PART II APPORTIONMENTS CARRIED OUT BY ARBITRATION

        1. 3.Appointment and remuneration of arbiter

        2. 4.(1) In any case where a prospective apportionment is to...

        3. 5.(1) Where, in terms of a notice given by the...

        4. 6.If the person appointed arbiter dies, or is incapable of...

        5. 7.No party to the arbitration shall have power to revoke...

        6. 8.Every appointment, application, notice, revocation and consent under paragraphs 1...

        7. 9.The remuneration of the arbiter shall be—

        8. 10.Conduct of proceedings and witnesses

        9. 11.The parties to the arbitration, and all persons claiming through...

        10. 12.Any person having an interest in the holding to which...

        11. 13.The arbiter shall have power to administer oaths, and to...

        12. 14.Award

        13. 15.The award to be made by the arbiter shall be...

        14. 16.The arbiter may correct in an award any clerical mistake...

        15. 17.Expenses

        16. 18.(1) The arbiter shall, in awarding expenses, take into consideration—...

        17. 19.It shall not be lawful to include in the expenses...

        18. 20.Statement of case

        19. 21.Removal of arbiter and setting aside of award

        20. 22.When an arbiter has misconducted himself, or an arbitration or...

        21. 23.Miscellaneous

        22. 24.The Arbitration (Scotland) Act 1894 shall not apply to any...

      3. PART III APPORTIONMENTS CARRIED OUT BY THE SCOTTISH LAND COURT

        1. 25.The provisions of the Small Landholders (Scotland) Acts 1886 to...

        2. 26.Where an apportionment or prospective apportionment is to be dealt...

        3. 27.Where, in terms of a notice given by the Intervention...

        4. 28.Any person having an interest in the holding to which...

    4. SCHEDULE 4

      APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBI TRATION—NORTHERN IRELAND

      1. 1.Paragraphs 3 to 19 shall apply to every arbitration in...

      2. 2.(1) Parts I, II and IV of the Arbitration Act...

      3. 3.Appointment of arbitrator

      4. 4.(1) In any case where a prospective apportionment is to...

      5. 5.(1) An arbitrator appointed in accordance with paragraphs 3(1) to...

      6. 6.No application may be made to the President for an...

      7. 7.Where the Intervention Board makes an application to the President...

      8. 8.Any appointment of an arbitrator by the President shall be...

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

      10. 10.A party to the arbitration shall have power to revoke...

      11. 11.Every appointment, application, notice, revocation and consent under paragraphs 1...

      12. 12.Persons with an interest in the holding

      13. 13.Statement of case

      14. 14.Award

      15. 15.The arbitrator shall notify the terms of his award to...

      16. 16.The arbitrator shall have power to correct in the award...

      17. 17.Reasons for award

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

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

    5. SCHEDULE 5

      REALLOCATION OF QUOTA AND CALCULATION OF LEVY LIABILITY

      1. 1.Wholesale quota

      2. 2.In making that determination the Intervention Board shall complete in...

      3. 3.The Intervention Board shall where necessary authorise an adjustment of...

      4. 4.The Intervention Board shall authorise the adjustment by purchasers (to...

      5. 5.The Intervention Board shall determine for each purchaser the amount,...

      6. 6.The Intervention Board shall determine the total amount, if any,...

      7. 7.The Intervention Board shall reallocate the amount, if any, referred...

      8. 8.Where a purchaser fails to notify the Intervention Board within...

      9. 9.The Intervention Board shall determine the total amount of the...

      10. 10.Where, for any quota year, a purchaser is unable to...

      11. 11.Direct sales quota

      12. 12.The Intervention Board shall make an award of a temporary...

      13. 13.The Intervention Board shall determine the aggregate amount, if any,...

      14. 14.The Intervention Board shall determine for each direct seller the...

      15. 15.The Intervention Board shall determine the aggregate of the amounts,...

      16. 16.The Intervention Board shall determine the total amount of the...

      17. 17.The Intervention Board shall calculate the rate of levy per...

      18. 18.Where a direct seller fails to notify the Intervention Board...

      19. 19.Where for any quota year a direct seller is unable...

    6. SCHEDULE 6

      DAIRY PRODUCE QUOTA TRIBUNALS

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

        1. 1.Each Dairy Produce Quota Tribunal shall consist of up to...

        2. 2.The quorum for any determination by a Dairy Produce Quota...

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

        4. 4.Each Dairy Produce Quota Tribunal may be serviced by a...

        5. 5.Any document purporting to be signed by the Chairman or...

        6. 6.The terms of appointment and the remuneration of the members,...

        7. 7.Except as otherwise provided in these Regulations, the procedure of...

      2. PART II THE DAIRY PRODUCE QUOTA TRIBUNAL FOR SCOTLAND

        1. 8.The Dairy Procuce Quota Tribunal shall consist of up to...

        2. 9.The Dairy Produce Quota Tribunal shall sit in separate panels,...

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

        4. 11.The quorum for any determination by the Dairy Produce Quota...

        5. 12.Any determination to be made by the Dairy Produce Quota...

        6. 13.Each panel constituted under paragraph 9 shall be serviced by...

        7. 14.Any document purporting to be signed by the Chairman of...

        8. 15.The terms of appointment and the remuneration of—

        9. 16.Except as otherwise provided in these Regulations, the procedure of...

        10. 17.A panel constituted under paragraph 9 may consult with any...

      3. PART III GENERAL

        1. 18.The Dairy Produce Quota Tribunals for England and Wales, Scotland...

  39. Explanatory Note

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