The Dairy Produce Quotas (Scotland) Regulations 2005

PART 1PRELIMINARY

1Citation, commencement and extent

2Interpretation

PART 2REGISTRATION OF QUOTA

4Registers and notices to be maintained and prepared by the Scottish Ministers

5Approval of purchasers

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

7Inspection of entries in the Scottish Ministers' registers

8Registers as evidence

PART 3TRANSFERS OF QUOTA

9Transfer of quota with transfer of land: general

10Transfer of part of holding

11Prospective apportionment of quota

12Cases where apportionment of quota by arbitration is required

13Transfer of quota without transfer of land

14Retention of quota at the end of a tenancy

15Temporary transfer of quota

16Restrictions on transfer of quota

17Consequences of failure duly to submit a transfer notice

PART 4ALLOCATIONS AND ADJUSTMENTS OF QUOTA

18Allocation from national reserve

19Temporary reallocation of quota

20Special allocation of quota

21Conversion of quota: general

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

23Adjustment of purchaser quota

24Restriction on use of quota in Scottish Islands area

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

26Determination whether levy on deliveries is payable

27Reallocation of wholesale producers' wholesale quota

28Determination of liability for levy on deliveries

29Notification of levy liability

30Determination of liability for levy on direct sales

31Payment and recovery of levy

32Prevention of avoidance of levy

PART 6INFORMATION AND RECORDS

34Keeping and retention of records

35Annual declarations and summaries

PART 7PENALTIES AND MISCELLANEOUS PROVISIONS

36Administrative penalties

37Withholding or recovery of compensation

38Confiscation of quota

39Restoration of quota

40Offences and criminal penalties

41Revocations and amendment

SCHEDULE 1APPORTIONMENTS 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 IIAPPORTIONMENTS CARRIED OUT BY ARBITRATION

3(1) Subject to sub-paragraph (4), in any case where an...

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(1) Subject to sub-paragraph (2), in any arbitration to which...

11The parties to the arbitration shall within twenty-eight days of...

12The parties to the arbitration, and all persons claiming through...

13Any person having an interest in the holding to which...

14The arbiter shall have power to administer oaths, and to...

15(1) The arbiter shall make and sign the award within...

16The award to be made by the arbiter shall be...

17The arbiter may correct in an award any clerical mistake...

18Where the arbiter is requested by any party to the...

19The expenses of and incidental to the arbitration and award...

20(1) The arbiter shall, in awarding expenses, take into consideration–...

21It shall not be lawful to include in the expenses...

22The arbiter may at any stage of the proceedings, and...

23Where an arbiter has committed any misconduct, the sheriff may...

24Where an arbiter has committed any misconduct, or an arbitration...

25Any amount paid in respect of the remuneration of an...

26The Arbitration (Scotland) Act 1894 shall not apply to any...

PART IIIAPPORTIONMENTS CARRIED OUT BY THE SCOTTISH LAND COURT

27The provisions of the Scottish Land Court Act 1993 with...

28Where an apportionment or prospective apportionment is to be dealt...

29Where, in terms of a notice given by the Scottish...

30Any person having an interest in the holding to which...

SCHEDULE 2KEEPING AND RETENTION OF RECORDS

Records to be kept by purchasers

1In respect of each quota year, a purchaser shall keep,...

Records to be kept by producers

2(1) In respect of each quota year, a direct seller...

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

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

4Any person undertaking butterfat testing for a purchaser in a...

Records to be kept by hauliers

5Any haulier collecting milk or milk products on behalf of...

Records to be kept by processors

6Any processor in receipt of milk or milk products for...

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

7Any person who in the course of a business buys,...

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

2005 No.91

FOOD

The Dairy Produce Quotas (Scotland) Regulations 2005

Made28th February 2005

Laid before the Scottish Parliament1st March 2005

Coming into force31st March 2005

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, section 56(1)2 of the Finance Act 1973 and of all other powers enabling them on that behalf, hereby make the following Regulations: