16. After Schedule 5 there shall be inserted the following Schedule—
Regulation 20A
1.—(1) Subject to sub-paragraphs (2) and (3) and the provisions of this Schedule, awards of wholesale quota under regulation 20A shall be made by the Department of Agriculture and Rural Development (in this Schedule referred to as “the Department”) to producers in Northern Ireland, other than producers to whom sub-paragraph (4) applies, who—
(a)had an aggregate of direct sales quota and wholesale quota on 1st April 1999 of less than 250,000 litres; and
(b)the aggregate of whose direct sales and wholesale deliveries in the quota year ending on 31st March 1999 was not less than 70% of the aggregate of their direct sales quota and wholesale quota on 1st April 1998,
so that each producer has his wholesale quota as at 1st April 1999 increased by the same percentage with effect from the date of the award.
(2) Sub-paragraph (1)(b) shall not apply where the Department is satisfied that exceptional circumstances resulting in a significant fall in a producer’s milk production or a significant failure to achieve a planned increase in a producer’s milk production in the quota year ending on 31st March 1999 have occurred.
(3) The exceptional circumstances referred to in sub-paragraph (2) are—
(a)the inability of the producer to conduct his business over a prolonged period as a result of the onset of ill-health, injury or disability;
(b)a natural disaster seriously affecting the holding;
(c)the accidental destruction of buildings used for the purposes of milk production;
(d)without prejudice to sub-paragraph (e), an outbreak of illness or disease seriously affecting the dairy herd;
(e)the making of a declaration under an order made under Article 12(1) of the Diseases of Animals (Northern Ireland) Order 1981(1) or the adoption of an emergency order under section 1 of the Food and the Environment Protection Act 1985(2);
(f)the loss of a significant proportion of the forage area as a result of the compulsory purchase of the holding or part of the holding.
(4) This sub-paragraph applies to a producer who between 1st April 1999 and the date of the award transferred all of his direct sales quota and wholesale quota other than—
(a)on inheritance;
(b)by gift for which no consideration was given; or
(c)on a temporary basis under regulation 13.
2. The amount of wholesale quota which may be awarded to a producer under paragraph 1 shall be limited to the amount which would have increased such a producer’s aggregate of direct sales quota and wholesale quota to 250,000 litres on 1st April 1999.
3.—(1) Where the occupation of all of a producer’s holding has been transferred in a way prescribed in sub-paragraph (3) to another person or persons between 1st April 1999 and the date of the award, any award of quota in respect of that producer by virtue of paragraph 1 shall—
(a)in the case of a single transferee, be allocated by the Department to that transferee;
(b)in the case of more than one transferee, be divided by the Department between each transferee in the proportion that the wholesale quota relating to that holding was apportioned.
(2) Where the occupation of all of a producer’s holding has been transferred between 1st April 1999 and the date of the award but only part of it has been transferred in a way prescribed in sub-paragraph (3), any award of quota in respect of that producer by virtue of paragraph 1 shall—
(a)in the case where the part transferred in a way prescribed in sub-paragraph (3) was transferred to a single transferee, be allocated to that transferee;
(b)in the case where the part transferred in a way prescribed in sub-paragraph (3) was transferred to more than one transferee, be divided by the Department between each transferee of that part in the same proportion as the wholesale quota relating to that part was apportioned.
(3) A transfer—
(a)on inheritance; or
(b)by gift for which no consideration has been given,
is prescribed for the purposes of sub-paragraphs (1) and (2).
4. The Department shall serve a notice in writing on each producer in Northern Ireland informing him whether the Department is minded to award him quota under this Schedule and, if so, the amount.
5. Any producer mentioned in paragraph 4 may, within 21 days of the service of a notice under paragraph 4, request a review of his case by the Department specifying the reasons why he considers that he should be awarded quota under this Schedule or, as the case may be, the reasons why he should be awarded an amount of quota under this Schedule other than that specified in the notice served under paragraph 4.
6. The Department shall serve a notice in writing on each producer who has requested a review under paragraph 5 informing him of the outcome of the review.
7. Any producer who is aggrieved by the outcome of a review under this Schedule may, within 21 days of service of a notice under paragraph 6, appeal to the Dairy Produce Quota Tribunal for Northern Ireland (in this Schedule referred to as “the Tribunal”).
8. On an appeal under paragraph 7 the Tribunal shall determine whether the producer is entitled to an award of wholesale quota under this Schedule and, if so, the amount.
9. It shall be the duty of the Department to give effect to a determination of the Tribunal under paragraph 8.
10. For the purposes of this Schedule the aggregate of a producer’s direct sales quota and wholesale quota shall not include any quota temporarily transferred to him under regulation 13 but shall include any quota temporarily transferred by him under that regulation.”.
S.I. 1981/1115 (N.I. 22); Article 12(1) was amended by Articles 23(2) and 24 of, and the Schedule to, the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994, S.I. 1994/1891 (N.I. 6)