The Milk Quota (Calculation of Standard Quota) Order 1986

Statutory Instruments

1986 No. 1530

AGRICULTURE

The Milk Quota (Calculation of Standard Quota) Order 1986

Made

27th August 1986

Laid before Parliament

4th September 1986

Coming into Operation

25th September 1986

The Minister of Agriculture, Fisheries and Food, in the case of land in England, and the Secretary of State, in the case of land in Wales, in exercise of the powers conferred on them by paragraph 6 of Schedule 1 to the Agriculture Act 1986, and of all other powers enabling them in that behalf, hereby make the following order:—

Application, title and commencement

1.  This order, which applies to land in England and Wales, may be cited as the Milk Quota (Calculation of Standard Quota) Order 1986 and shall come into operation on 25th September 1986.

Interpretation

2.  In the application of this order, the expressions “ disadvantaged land” and “severely disadvantaged land” mean land which has been determined to be disadvantaged land or severely disadvantaged land, as the case may be, in accordance with the definitions of those expressions as they are set out in regulation 2 of the Hill Livestock (Compensatory Allowances) Regulations 1984.

Prescribed quota

3.  The number of litres prescribed for the purposes of sub-paragraph 6(1)(b) of Schedule 1 to the Agriculture Act 1986 (calculation of standard quota) in respect of each of the breeds shown in Column 1 of the Schedule to this order is the number shown opposite that breed in—

(a) column 2(a) in relation to severely disadvantaged land;

(b) column 3(a) in relation to disadvantaged land; and

(c) column 4(a) in relation to any other land.

Average yield per hectare

4.  The amount of milk to be taken as the average yield per hectare for the purposes of sub-paragraph 6(2) of Schedule 1 to the Agriculture Act 1986 (calculation of standard quota in exceptional cases) in respect of each of the breeds shown in Column 1 of the Schedule to this order is the amount shown opposite that breed in—

(a) column 2(b) in relation to severely disadvantaged land;

(b) column 3(b) in relation to disadvantaged land; and

(c) column 4(b) in relation to any other land.

In Witness whereof the Offical Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th August 1986.

L.S.

John Selwyn Gummer

Minister of State

Ministry of Agriculture, Fisheries and Food

Nicholas Edwards

Secretary of State for Wales

27th August 1986

Regulations 3 and 4

SCHEDULE

Column 1	Column 2		Column 3		Column 4
Severely disadvantaged land		Disadvantaged land		Other land
Breed	(a)	(b)	(a)	(b)	(a)	(b)
	Quota/Hectare	Average Yield/Hectare	Quota/Hectare	Average Yield/Hectare	Quota/Hectare	Average Yield/Hectare
	litres	litres	litres	litres	litres	litres
Channel Island and South Devon, and breeds with similar characteristics	5,100	5,737	5,950	6,694	6,800	7,650
Ayrshire and Dairy Shorthorn and breeds with similar characteristics	5,833	6,562	6,805	7,656	7,778	8,750
Other	6,000	6,750	7,000	7,875	8,000	9,000

EXPLANATORY NOTE

Where, on the termination of a tenancy of land in England or Wales the tenant has milk quota registered as his in relation to a holding consisting of or including the land, Schedule 1 to the Agriculture Act 1986 gives him a right in certain circumstances, on quitting the land, to obtain from his landlord a payment in respect of all or part of the milk quota which was allocated to him in relation to land comprised in the holding. The amount of payment to which the tenant is entitled in respect of that milk quota is calculated by reference to the “standard quota” for the land, and the “standard quota” is in turn calculated by reference to the “prescribed quota per hectare” and the “prescribed average yield per hectare”. This order prescribes the quota per hectare and the average yield per hectare to be taken into account in determining the “standard quota” for the purposes of calculating the payment to which the tenant is entitled under the Act.