Dairy Produce Quotas Regulations (Northern Ireland) 2005

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application

  3. PART 2 REGISTRATION OF QUOTA

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

    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 Department’s 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 producers' 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 amendments

  9. Signature

    1. SCHEDULE 1

      APPORTIONMENT AND PROSPECTIVE APPORTIONMENT BY ARBITRATION

      1. 1.Appointment and remuneration of arbitrator

      2. 2.(1) Parts I, II and IV of the Arbitration Act...

      3. 3.(1) Subject to sub-paragraph (2), in any case where an...

      4. 4.(1) In any case where a prospective apportionment is to...

      5. 5.(1) An arbitrator appointed in accordance with paragraph 3(1) to...

      6. 6.An application may not be made to the President for...

      7. 7.Where the Department makes an application to the President under...

      8. 8.Any appointment of an arbitrator by the President shall be...

      9. 9.If the arbitrator dies, or is incapable of acting, or...

      10. 10.A party to the arbitration shall have power to revoke...

      11. 11.Every appointment, application, notice, revocation and consent under paragraph 3,...

      12. 12.Persons with an interest in the holding

      13. 13.Statement of case

      14. 14.Award

      15. 15.The arbitrator shall notify the terms of his award to...

      16. 16.The arbitrator may correct any clerical mistake or error in...

      17. 17.Reasons for award

      18. 18.For the purposes of this Schedule, an arbitrator appointed by...

      19. 19.Any person having an interest in the holding to which...

    2. SCHEDULE 2

      KEEPING AND RETENTION OF RECORDS

      1. 1.Records to be kept by purchasers

      2. 2.Records to be kept by producers

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

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

      5. 5.Records to be kept by hauliers

      6. 6.Records to be kept by processors

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

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

  11. Explanatory Note