Dairy Produce Quotas Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1047 |
| Year | 1984 |
1984 No. 1047
FOOD
The Dairy Produce Quotas Regulations 198423rdJuly 1984
24thJuly 1984
ARRANGEMENT OF REGULATIONS
REGULATION
1. Title and commencement
2. Interpretation
3. Milk equivalence of cheese
4. Direct sales
5. Wholesale deliveries
6. Dairy Produce Quota Tribunals
7. Reserves
8. Quota exchange
9. Reallocation
10. Functions of the Intervention Board for Agricultural Produce
11. Payment of levy by direct sellers
12. Repayments
13. Functions under these regulations
14. Disapplication of enactments
15. Entries in registers
16. Service of documents
17. Pre-operative dairy produce
18. Penalties
SCHEDULE
Schedule 1. Direct sales quota
Part I—Allocation of direct sales quota
Part II—Registers, national direct sales reserve and exceptional hardship claims
Part III—Transfer of direct sales quota
Schedule 2. Wholesale quota
Part I—Allocation of wholesale quota
Part II—Registers, running regional wholesale reserve and exceptional hardship claims
Part III—Transfer of wholesale quota
Schedule 3. Purchaser quota
Schedule 4. Replacement of one formula by another
Schedule 5. Dairy Produce Quota Tribunals and local panels
Part I—Dairy Produce Quota Tribunals (other than for Scotland)
Part II—Local panels
Part III—The Dairy Produce Quota Tribunal for Scotland
Part IV—General
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated (a) for the purposes of section 2(2) of the European Communities Act 1972 (b) in relation to the common agricultural policy of the European Economic Community, acting jointly in exercise of the powers conferred on them by that section and of all other powers enabling them in that behalf, hereby make the following regulations a draft of which was laid before Parliament and approved by resolution of each House:—
Title and commencement
1. These regulations may be cited as the Dairy Produce Quotas Regulations 1984 and shall come into operation on the day after the day on which they are made.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"alternative base year" means a calendar year reference to which may be obtained under Article 3(3) of Council Regulation 857/84 or Article 3 of the Commission Regulation (each of which deals with exceptional events);
"applicant" means an applicant for direct sales quota or wholesale quota;
"arbitrator" means, in Scotland, an arbiter;
"base period" means a period with reference to which estimates of primary direct sales quota or estimates of primary wholesale quota are calculated;
"base year revision claim" means a special case claim based on Article 3(3) of Council Regulation 857/84 or Article 3 of the Commission Regulation;
"consent or sole interest notice" means a notice, in relation to a holding or part of a holding, signed by the person required under these regulations to provide the notice, that either—
(a) he is the occupier of that holding or part of a holding and no other person has an interest in that holding or part of the holding, or
(b) all persons having an interest in that holding or part of the holding the value of which interest might be reduced by the transaction to which the notice relates agree to that transaction;
"Council Regulation 804/68" means Council Regulation (EEC) No. 804/68 (c) on the common organisation of the market in milk and milk products;
"Council Regulation 857/84" means Council Regulation (EEC) No. 857/84 (d) adopting general rules for the application of the levy in the milk and milk products sector;
(a) S.I. 1972/1811.
(b) 1972 c.68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, with section 32(7) and (9) of the Magistrates' Courts Act 1980 (c.43), and S.I. 1984/447, as regards Scotland, with section 289B(4) and (6) of the Criminal Procedure (Scotland) Act 1975 (c.21), as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c.45) and amended by section 55(2) of the Criminal Justice Act 1982 (c.48) and S.I. 1984/526 and, as regards Northern Ireland, with section 32(7) and (9) of the Magistrates' Courts Act 1980.
(c) O.J. No. L148, 28.6.68, p.13 (OJ/SE 1968 (I) p.176); the relevant amending instruments are Council Regulation (EEC) No.856/84 (O.J. No. L90, 1.4.84, p.10) and Council Regulation (EEC) No. 1557/84 (O.J. No. L150, 6.6.84, p.6).
(d) O.J. No. L90, 1.4.84, p.13, amended by Council Regulation (EEC) No. 1557/84.
"cumulative quarterly purchaser quota" means the quantity of dairy produce which (subject to Article 15(1)(c) of the Commission Regulation (which deals with the collection of levy)) may be delivered by wholesale delivery to a purchaser, from holdings in a region, in a quota year before the end of a quarter without that purchaser being liable to pay levy;
"cumulative quarterly wholesale quota" means—
(a) the quantity of dairy produce which (subject to Article 15(1)(c) of the Commission Regulation) may be delivered by wholesale delivery from a holding in a region in which Formula A is implemented, in a quota year before the end of a quarter without the producer in occupation of that holding being liable to pay levy, or
(b) the quantity of dairy produce which (subject to Article 15(1)(c) of the Commission Regulation) may be delivered by wholesale delivery to a purchaser (to the extent specified in relation to that purchaser under these regulations) from a holding in a region in which Formula B is implemented, in a quota year before the end of a quarter, without the producer in occupation of that holding being liable to pay Formula B contribution;
"dairy enterprise" means an area stated by the occupier of that area to be run as a self-contained dairy produce business;
"dairy produce" means the produce, expressed in kilograms of milk, in respect of which levy and Formula B contribution are payable under the Community legislation;
"Dairy Produce Quota Tribunal" has the meaning assigned to it by regulation 6;
"dairy unit" means a set of buildings used for the production of dairy produce, the location of which is registered under these regulations or, if not so registered, for any purpose by a milk marketing board or under any enactment relating to conditions to be observed in the production of dairy produce;
"delivery" has the meaning assigned to it by Article 12 of Council Regulation 857/84 (which sets out definitions) and "deliver" shall be construed accordingly;
"development claim" means a special case claim based on Article 3(1) of Council Regulation 857/84 (which deals with milk production development plans and investments) submitted by a producer in respect of investments of a capital nature on his holding calculated to achieve an average monthly quantity of milk production on his holding at least 7.5 per cent greater than his average monthly quantity of milk production taken from each month of any base period applicable to him;
"development quantity" means the quantity of milk calculated, by reference to the increase from a producer's annualised quantity (that is to say his average monthly quantity of milk production, in any base period applicable to him, multiplied by 12) to the quantity of milk reasonably expected to be produced on his holding in the first quota year, by taking, in respect of any expected increased quantity—
(a) in the band below 7.5 per cent of his annualised quantity, nil,
(b) in the band from 7.5 to 12.5 per cent of his annualised quantity, half of the expected increased quantity in that band, and
(c) in the band above 12.5 per cent of his annualised quantity, the whole of the expected increased quantity in that band;
"direct sale" means a sale referred to in Article 12(h) of Council Regulation 857/84;
"direct sales quota" means the quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
"direct seller" means a producer selling dairy produce by direct sale;
"division" means a part of a holding in a region where the remainder of the holding is in another region;
"farming press" means any newspaper, journal or similar publication considered by the Minister to be likely to be read by producers and purchasers;
"formula" means Formula A or Formula B;
"Formula A" and "Formula B" have the meanings assigned to them by Article 5c(1) of Council Regulation 804/68 (which deals with implementation of the levy);
"Formula B contribution" means the sums to be recovered under Article 10 of Council Regulation 857/84 (which deals with contributions by producers to levy payable by purchasers) by a purchaser from a producer in a region where Formula B is implemented;
"further examination body" means—
(a) outside Scotland, the local panel for the locality of the holding the subject of a special case claim;
(b) in Scotland—
(i) in respect of a development claim or a special case claim which is both a development claim and a base year revision claim, the Dairy Produce Quota Tribunal, and
(ii) in respect of a special case claim which is a base year revision claim, the Minister or (where the Dairy Produce Quota Tribunal has acted as rejection review body in respect of that claim) the Dairy Produce Quota Tribunal;
"gross direct sales quota" has the meaning assigned to it by Schedule 1, paragraph 13;
"holding" has the meaning assigned to it by Article 12 of Council Regulation 857/84, but—
(a) in relation to any region, it means the division of the holding in that region, and
(b) in relation to any register entry identifying a holding and used under these regulations, it means (for the purpose of making calculations in respect of changes of occupation) the land identified in that register entry;
"identification" means a description of a holding specifying—
(a) its address,
(b) where possible, the location of the dairy unit on that holding, and
(c) such other particulars (if any) as the Minister may require for defining land to which...
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