The Milk (Cessation of Production) (England and Wales) Scheme 1987

Interpretation

2.—(1) In this Scheme, unless the context otherwise requires—

“the Act” means the Milk (Cessation of Production) Act 1985;

“allocated quota” means registered quota other than transferred quota;

“applicant” means a person who applies for compensation under this Scheme, and “application” shall be construed accordingly;

“appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and, in relation to Wales, the Secretary of State for Wales;

“authorised officer” means a duly authorised officer of the appropriate Minister;

“base quota” means quota, other than transferred quota, which was allocated under the Dairy Produce Quotas Regulations 1984(1) otherwise than in accordance with Article 3(1) (development awards) or Article 4(1)(c) (awards to producers undertaking farming as their main occupation) of Council Regulation (EEC) No. 857/84(2);

“direct sales quota” has the same meaning as in the 1986 Regulations;

“farming press” means any newspaper, journal or similar publication considered by the appropriate Minister to be likely to be read by interested parties;

“Gazette” means the London Gazette;

“holding” has the same meaning as in the 1986 Regulations;

“landlord” means, in relation to the tenant of a holding or part of a holding, any person who either solely or jointly owns, or has a superior tenancy of, that holding, or of that part of that holding, and “landlord’s interest” shall be construed accordingly;

“landlord’s amount” means an amount calculated in accordance with paragraph 13;

“milk” means cows' milk;

“notice” means notice in writing;

“quota”, in relation to a holding, has the meaning ascribed to it in the 1986 Regulations;

“quota year” has the meaning ascribed to it in regulation 2(1) of the 1986 Regulations;

“registered”, in relation to quota, means—

(a)

in the case of direct sales quota, registered in the direct sales register maintained under the 1986 Regulations, and

(b)

in the case of wholesale quota, registered in a wholesale register maintained under those Regulations;

“relevant quota” means—

(a)

in a case where a tenant’s holding consists only of the land subject to the relevant tenancy, the quota registered in relation to that holding under the 1986 Regulations; and

(b)

in any other case, such part of that quota as would fall to be apportioned to land comprised in the relevant tenancy under Regulation 8 of the 1986 Regulations on a change of occupation of that land;

“tenant” means a person who occupies a holding or part of a holding by virtue of a tenancy or licence to occupy, and “tenancy” shall be construed accordingly;

“the 1986 Regulations” means the Dairy Produce Quotas Regulations 1986(3);

“the Tribunal” means the Dairy Produce Quota Tribunal for England and Wales;

“transferred quota” means quota transferred to a holding by virtue of the transfer to that holding of the whole or part of another holding;

“wholesale quota” has the same meaning as in the 1986 Regulations.

(2) In this Scheme—

(a) any reference to a numbered paragraph shall be construed as a reference to the paragraph so numbered in this Scheme; and

(b) any reference in a paragraph to a numbered or lettered sub-paragraph shall be construed as a reference to the sub-paragraph so numbered or lettered in that paragraph.

(1)

S.I. 1984/1047, amended by S.I. 1984/1048, 1538 and 1787 and 1985/509.

(2)

O.J. No. L90, 1.4.1984, p.13.

(3)

S.I. 1986/470.