The Dairy Produce Quotas (Scotland) Regulations 2002

1 Citation, commencement and extent

2 Interpretation

4 Scottish Islands area

5 Determination of levy

6 Milk equivalence of dairy produce

7 Adjustment of purchaser quota

8 Transfer of quota with transfer of land

9 Apportionment of quota

10 Prospective apportionment of quota

11 Notification by the Scottish Ministers of apportionment of quota by arbitration

12 Transfer of quota without transfer of land

Provided that they– (a) have reasonable grounds for believing that...

13 Temporary transfer of quota

14 Temporary reallocation of quota

15 Special allocation of quota

16 Conversion of quota

17 Representative fat content of milk

18 Reallocation of quota and calculation of levy liability

19 Prevention of avoidance of levy

20 Payment of levy

21 Annual statements

22 Registers to be prepared and maintained by the Scottish Ministers

23 Inspection of entries in the Scottish Ministers’ registers

24 Approval and registration of purchasers

25 Obligations of producers and purchasers with respect to registration and deliveries

26 Registers as evidence

28 Withholding or recovery of compensation

29 Keeping and retention of records

30 Administrative penalties

31 Offences and criminal penalties

32 Provisions in connection with confiscation and restoration of quota

33 Withdrawal of Special Quota

34 Revocations and savings

SCHEDULE 1 INTERPRETATION

In these Regulations– “the Community compensation scheme” means– the scheme...

SCHEDULE 2 APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBITRATION OR THE SCOTTISH LAND COURT

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

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

PART II APPORTIONMENTS CARRIED OUT BY ARBITRATION

3 Appointment and remuneration of arbiter

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

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

6(1) If the person appointed arbiter dies, or is incapable...

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

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

9The remuneration of the arbiter shall be–

10 Conduct of proceedings and witnesses

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

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

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

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

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

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

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

20 Statement of case

21 Removal of arbiter and setting aside of award

22Where an arbiter has committed any misconduct, or an arbitration...

23 Miscellaneous

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

PART III APPORTIONMENTS CARRIED OUT BY THE SCOTTISH LAND COURT

25The provisions of the Scottish Land Court Act 1993 with...

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

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

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

SCHEDULE 3 REALLOCATION OF QUOTA AND CALCULATION OF LEVY LIABILITY

1 Wholesale quota

2In making that determination the Scottish Ministers shall complete in...

3The Scottish Ministers shall where necessary authorise an adjustment of...

4The Scottish Ministers shall authorise the adjustment by purchasers (to...

5The Scottish Ministers shall determine for each purchaser the amount,...

6The Scottish Ministers shall determine the total amount, if any,...

7The Scottish Ministers shall make arrangements for the reallocation of...

8Where a purchaser fails to notify the Scottish Ministers on...

9The Scottish Ministers shall determine the total amount of the...

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

11Where a purchaser– (a) has not been approved pursuant to...

12 Direct sales quota

13The Scottish Ministers shall make arrangements for the temporary reallocation...

14The Scottish Ministers shall determine the aggregate amount, if any,...

15The Scottish Ministers shall determine for each direct seller the...

16The Scottish Ministers shall determine the aggregate of the amounts,...

17The Scottish Ministers shall determine the total amount of the...

18The Scottish Ministers shall calculate the rate of levy per...

19Where a direct seller fails to notify the Scottish Ministers...

20Where for any quota year a direct seller is unable...

SCHEDULE 4 KEEPING AND RETENTION OF RECORDS

1 Records to be kept by purchasers

2 Records to be kept by producers

3A producer, other than a direct seller, who makes wholesale...

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

5 Records to be kept by hauliers

6 Records to be kept by processors

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

8 Interpretation

2002 No. 110

FOOD

The Dairy Produce Quotas (Scotland) Regulations 2002

Made7th March 2002

Laid before the Scottish Parliament8th March 2002

Coming into force31st March 2002

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972M1 and of all other powers enabling them in that behalf, hereby make the following Regulations: