The Dairy Produce Quotas Regulations 1989

Temporary reallocation of quota

16.—(1) For the purposes of Formula B, the Minister may, in any quota year, award to a producer referred to in paragraph (2) below a temporary reallocation of unused quota from the purchaser quota of the purchaser to whom that producer makes wholesale deliveries of dairy produce, in accordance with the provisions of this regulation.

(2) This regulation shall apply to–

(a) a producer to whom an award of quota has been made by the Dairy Produce Quota Tribunal, or one of the local panels constituted under regulation 6(2) of the 1984 Regulations, or to whom an allocation of quota has been made by the Minister under Schedule 12 to the 1986 Regulations, which award or amount of the allocation has been mistakenly entered in the registers prepared and maintained by the Minister under regulation 25 as an amount of quota being more than 100 litres in excess of the amount of the award or the allocation, and

(b) a producer who has quota registered as his in relation to a holding which is in whole or in part subject to a notice prohibiting or regulating the movement of dairy cows pursuant to an Order made under the Animal Health Act 1981(1) or the Diseases of Animals (Northern Ireland) Order 1981(2).

(3) Subject to paragraph (4), a producer referred to in paragraph (2)(a) above may be awarded a temporary reallocation of unused quota for any quota year ending before 1 April 1992. The amount of any such award shall be calculated either–

(a) as the amount by which the producer’s production exceeds his quota entitlement in the quota year in question, or

(b) as the amount being the difference between the producer’s quota entitlement in the quota year in question and the quota mistakenly having been registered as his, or

(c) as the amount referred to in paragraph (3)(b) above reduced by the amount, if any, by which the direct sales quota mistakenly having been registered as the producer’s was less than the direct sales quota to which he is entitled in the quota year in question,

whichever amount is less.

(4) An award under paragraph (3) above shall be subject to the following conditions–

(a) a producer whose production in the quota year in question has not exceeded his quota entitlement shall not be entitled to receive an award for that year;

(b) a producer who transfers the whole of his quota under regulation 9, or exchanges the whole of his quota under regulation 14, shall not be entitled to receive an award for the quota year in which the transfer took effect or any future quota year;

(c) a producer who transfers a part of his quota under regulation 9, or exchanges a part of his quota under regulation 14, shall be entitled to receive an award for the quota year in which the transfer or exchange took effect reduced by the amount of quota transferred or exchanged;

(d) a producer who makes a temporary transfer of quota under regulation 15(1) shall not be entitled to receive an award in the same quota year;

(e) an award shall not be transferable to the transferee of any holding or part of a holding of a producer to whom an award has or may be made.

(5) Subject to paragraph (7), a producer referred to in paragraph (2)(b) above may be awarded a temporary reallocation of unused quota for any quota year in which the notice referred to in that paragraph has effect. The amount of any such award shall be calculated either–

(a) as the amount equal to 15 litres per qualifying cow per qualifying day in any quota year, or

(b) as the amount by which in the quota year in question the producer’s production exceeds his quota entitlement,

whichever amount is less.

(6) Where the notice referred to in paragraph (2)(b) above continues beyond the quota year in respect of which a producer has received an award under paragraph (5) above, any award under that paragraph for the following quota year shall be calculated as if the number of the producer’s qualifying cows were equal to that of his eligible heifers which calved during the period of the notice in that following quota year, notwithstanding that when any such heifers calved the number of eligible heifers did not exceed the replacement number.

(7) An award under paragraph (5) above shall be subject to the following conditions–

(a) the total amount of quota temporarily reallocated to producers from the purchaser quota of any purchaser shall not exceed 15 per cent of the total amount of unused quota available to that purchaser in any quota year and the Minister shall, to the extent that it is necessary so to do, abate in whole or in part each such temporary reallocation accordingly;

(b) a producer who transfers quota under regulation 9, or who makes a temporary transfer of quota under regulation 15(1), or purchases cows or in-calf heifers for dairy purposes, shall not be entitled to receive an award in the same quota year unless the Minister is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (2)(b) above refers.

(8) In making any award of a temporary reallocation of unused quota for the purpose of this regulation the Minister shall afford priority to the producers referred to in paragraph (2)(a) above before making any award to the producers to whom paragraph (2)(b) above applies.

(9) In this regulation, “quota”, except where otherwise described, means wholesale quota.

(1)

1981 c. 22.

(2)

S.I. 1981/1115 (N.I. 22).