The Dairy Produce Quotas (Scotland) Regulations 2005

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Application

3. PART 2 REGISTRATION OF QUOTA

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

   2. 5. Approval of purchasers

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

   4. 7. Inspection of entries in the Scottish Ministers' registers

   5. 8. Registers as evidence

4. PART 3 TRANSFERS OF QUOTA

   1. 9. Transfer of quota with transfer of land: general

   2. 10. Transfer of part of holding

   3. 11. Prospective apportionment of quota

   4. 12. Cases where apportionment of quota by arbitration is required

   5. 13. Transfer of quota without transfer of land

   6. 14. Retention of quota at the end of a tenancy

   7. 15. Temporary transfer of quota

   8. 16. Restrictions on transfer of quota

   9. 17. Consequences of failure duly to submit a transfer notice

5. PART 4 ALLOCATIONS AND ADJUSTMENTS OF QUOTA

   1. 18. Allocation from national reserve

   2. 19. Temporary reallocation of quota

   3. 20. Special allocation of quota

   4. 21. Conversion of quota: general

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

   6. 23. Adjustment of purchaser quota

   7. 24. Restriction on use of quota in Scottish Islands area

6. PART 5 THE LEVY

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

   2. 26. Determination whether levy on deliveries is payable

   3. 27. Reallocation of wholesale producers' wholesale quota

   4. 28. Determination of liability for levy on deliveries

   5. 29. Notification of levy liability

   6. 30. Determination of liability for levy on direct sales

   7. 31. Payment and recovery of levy

   8. 32. Prevention of avoidance of levy

7. PART 6 INFORMATION AND RECORDS

   1. 33. Information

   2. 34. Keeping and retention of records

   3. 35. Annual declarations and summaries

8. PART 7 PENALTIES AND MISCELLANEOUS PROVISIONS

   1. 36. Administrative penalties

   2. 37. Withholding or recovery of compensation

   3. 38. Confiscation of quota

   4. 39. Restoration of quota

   5. 40. Offences and criminal penalties

   6. 41. Revocations and amendment

9. Signature

10. 1. SCHEDULE 1

       APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBITRATION OR THE SCOTTISH LAND COURT

       1. PART I GENERAL

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

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

       2. PART II APPORTIONMENTS CARRIED OUT BY ARBITRATION

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

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

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

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

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

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

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

          13. 15. (1) The arbiter shall make and sign the award within...

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

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

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

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

          18. 20. (1) The arbiter shall, in awarding expenses, take into consideration–...

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

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

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

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

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

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

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

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

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

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

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

    2. SCHEDULE 2

       KEEPING AND RETENTION OF RECORDS

       1. Records to be kept by purchasers

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

       2. Records to be kept by producers

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

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

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

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

       4. Records to be kept by hauliers

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

       5. Records to be kept by processors

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

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

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

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

11. Explanatory Note