- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/03/2006)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 31/03/2007
Point in time view as at 31/03/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Dairy Produce Quotas Regulations 2005 (revoked), Section 36.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
36.—(1) Subject to the provisions of Article 23(4) of the Commission Regulation (which authorises member States not to impose penalties in certain circumstances) and paragraph (5), purchasers are subject to the administrative penalties specified in paragraphs (2) [F1to (3)] .
(2) Where a purchaser fails to provide or submit to the Secretary of State—
(a)an application, statement or declaration concerning the adjustment of purchaser quota in accordance with regulation 23(2) to (4);
(b)information in accordance with regulation 33(2) to (4); or
(c)a confirmation or amendments relating to a revised version of a summary in accordance with regulation 35(2),
he is liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that application, statement, declaration or revised version, or that information, for each day of the period of delay in the submission reaching the Secretary of State.
[F2(2A) Where a purchaser—
(a)sends to the Secretary of State a summary of producers' statements required to be submitted under Article 8(2) of the Commission Regulation, which is inaccurate; and
(b)by doing so causes an overstatement or an understatement by him, of deliveries made to him,
he is liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy that would be due on 0.5% of the quantity by volume of milk which comprises the overstatement or understatement.]
(3) Where a purchaser fails to maintain accurate and updated records pursuant to Article 24(2) of the Commission Regulation and regulation 34, he is liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of the levy that would be due on 0.5% of the quantity by volume of milk concerned.
(4) For the purposes of the third sub-paragraph of Article 11(3) of the Commission Regulation (which requires member States to impose proportionate penalties where producers submit incorrect declarations), and subject to the provisions of Article 11(5) of that Regulation (which authorises member States not to impose penalties in certain circumstances) and to paragraph (5), where a direct seller submits an annual declaration which overstates or understates the volume of direct sales for the quota year covered by that declaration, he is liable to pay to the Secretary of State—
(a)in the case of an overstatement, a penalty equivalent to the theoretical amount of levy that would be due on 0.5% of the quantity by volume of the milk which comprises the overstatement;
(b)in the case of an understatement, a penalty equivalent to the theoretical amount of levy that would be due on 0.5% of the quantity by volume of the milk which comprises the understatement,
except in any case where, for the quota year covered by the declaration, he is liable to pay to the Secretary of State levy which exceeds that amount.
(5) Notwithstanding anything in paragraphs (2) to (4), the penalties referred to in those paragraphs—
(a)in the case of purchasers and direct sellers, are not to be less than £60;
(b)in the case of purchasers, are not to exceed £60,000; and
(c)in the case of direct sellers, are not to exceed £600.
(6) Subject to paragraph (7), if a purchaser fails to submit a summary required to be submitted under Article 8(2) of the Commission Regulation before 1st July in the year in which it is required to be submitted, he is liable to pay to the Secretary of State[F3, if she serves notice,] a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that declaration for each day of the period of the delay in the submission reaching the Secretary of State [F4starting on the thirtieth day after service of the notice].
(7) A purchaser is not liable to pay a penalty under paragraph (6) if, in the opinion of the Secretary of State, the failure—
(a)was neither deliberate nor the result of serious negligence;
(b)is negligible in terms of the functioning of the scheme or the effectiveness of the checks; or
(c)is attributable to force majeure.
Textual Amendments
F1Words in reg. 36(1) substituted (31.3.2006) by The Dairy Produce Quotas (Amendment) Regulations 2006 (S.I. 2006/120), regs. 1, 7(a)
F2Reg. 36(2A) inserted (31.3.2006) by The Dairy Produce Quotas (Amendment) Regulations 2006 (S.I. 2006/120), regs. 1, 7(b)
F3Words in reg. 36(6) inserted (31.3.2006) by The Dairy Produce Quotas (Amendment) Regulations 2006 (S.I. 2006/120), regs. 1, 7(c)(i)
F4Words in reg. 36(6) added (31.3.2006) by The Dairy Produce Quotas (Amendment) Regulations 2006 (S.I. 2006/120), regs. 1, 7(c)(ii)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys