Agriculture Act 1986

Standard quota E+W+S

6 (1) Subject to this paragraph, the “standard quota” for any tenancy for the purposes of this Schedule shall be calculated by multiplying the relevant number of hectares by the standard yield per hectare. E+W+S

(2) Where by virtue of the quality of the land in question or of climatic conditions in the area the amount of milk which could reasonably be expected to have been produced from one hectare of the tenancy during the relevant period (“the reasonable amount”) is greater or less than the average yield per hectare then sub-paragraph (1) above shall not apply and the standard quota shall be calculated by multiplying the relevant number of hectares by such proportion of the standard yield per hectare as the reasonable amount bears to the average yield per hectare; and the Secretary of State shall by order prescribe the amount of milk to be taken as the average yield per hectare for the purposes of this sub-paragraph.

(3) Where the relevant quota includes milk quota allocated in pursuance of an award of quota made by the Dairy Produce Quota Tribunal for Scotland [F1 , or following the appeals procedure by the Scottish Ministers or the Scottish Land Court,] which has not been allocated in full, the standard quota shall be reduced by the amount by which the milk quota allocated in pursuance of the award falls short of the amount awarded (or, in the case where only part of the milk quota allocated in pursuance of the award is included in the relevant quota, by the corresponding proportion of that shortfall).

[F2 (3A) In sub-paragraph (3) above “the appeals procedure” means the appeals procedure established under the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004 ( S.S.I. 2004/278 ). ]

(4) In sub-paragraph (3) above the references to milk quota allocated in pursuance of an award of quota include references to quota allocated by virtue of the amount awarded not originally having been allocated in full.

(5) For the purposes of this paragraph—

(a) “the relevant number of hectares” means the average number of hectares of the tenancy used during the relevant period for the feeding of dairy cows kept on the tenancy or, if different, the average number of hectares of the tenancy which could reasonably be expected to have been so used (having regard to the number of grazing animals other than dairy cows kept on the tenancy during that period); and

(b) “the standard yield per hectare” means such number of litres as the Secretary of State may from time to time by order prescribe for the purposes of this sub-paragraph.

(6) In this and in paragraph 7 below—

(a) references to the area of a tenancy used for the feeding of dairy cows kept on the tenancy do not include references to land used for growing cereal crops for feeding to dairy cows in the form of loose grain; and

(b) “dairy cows” means milking cows and calved heifers.

(7) An order under this paragraph may make different provision for different cases.

(8) The powers to make an order under this paragraph shall be exercisable by statutory instrument and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in Sch. 2 para. 6(3) inserted (6.4.2007) by Dairy Produce (Miscellaneous Provisions) Regulations 2007 (S.I. 2007/477), regs. 1, 4(3)(a)

F2 Sch. 2 para. 6(3A) inserted (6.4.2007) by Dairy Produce (Miscellaneous Provisions) Regulations 2007 (S.I. 2007/477), regs. 1, 4(3)(b)