The Dairy Produce Quotas Regulations 1989

1. Introductory Text

2. 1. Title and commencement

3. 2. Interpretation

4. 3. Establishment of quota

5. 4. Formula B

6. 5. Milk equivalence of cheese

7. 6. Fat content of milk

8. 7. Regions

9. 8. Adjustment of purchaser quota

10. 9. Transfer of quota

11. 10. Apportionment of quota

12. 11. Prospective apportionment of quota

13. 12. Notification by the Minister of apportionment of quota by arbitration

14. 13. Reserves

15. 14. Quota exchange

16. 15. Management of quota

17. 16. Temporary reallocation of quota

18. 17. Special allocation of quota

19. 18. Conversion of direct sales quota and wholesale quota

20. 19. Calculation of levy liability

21. 20. Payment of levy

22. 21. Northern Ireland wholesale provision

23. 22. Functions of the Intervention Board for Agricultural Produce

24. 23. Functions under these Regulations

25. 24. Disapplication of enactments

26. 25. Registers to be prepared and maintained by the Minister

27. 26. Inspection of entries in the Minister’s registers

28. 27. Registers to be maintained by purchasers

29. 28. Registers as evidence

30. 29. Information

31. 30. Service of documents

32. 31. Penalties

33. 32. Dairy Produce Quota Tribunals

34. 33. Revocation

35. Signature

36. 1. SCHEDULE 1

       RELEVANT AMENDMENTS TO COUNCIL REGULATION 804/68

    2. SCHEDULE 2

       AMENDMENTS TO COUNCIL REGULATION 857/84

    3. SCHEDULE 3

       AMENDMENTS TO COMMISSION REGULATION 1546/88

    4. SCHEDULE 4

       APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBITRATION – ENGLAND AND WALES

       1. 1. Appointment and remuneration of arbitrator

       2. 2. (1) In any case where a prospective apportionment is to...

       3. 3. An arbitrator appointed in accordance with paragraphs 1 and 2...

       4. 4. (1) No application may be made to the President for...

       5. 5. Where the Minister makes an application to the President under...

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

       7. 7. A person appointed by the President as arbitrator shall, where...

       8. 8. For the purposes of paragraph 1(2) the panel of arbitrators...

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

       10. 10. No party to the arbitration shall have power to revoke...

       11. 11. Every appointment, application, notice, revocation and consent under the foregoing...

       12. 12. The remuneration of the arbitrator shall be–

       13. 13. Conduct of proceedings and witnesses

       14. 14. The parties to the arbitration and all persons claiming through...

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

       16. 16. Witnesses appearing at the arbitration shall, if the arbitrator thinks...

       17. 17. The provisions of county court rules as to the issuing...

       18. 18. (1) Subject to subparagraphs (2) and (3) below, any person...

       19. 19. (1) Subject to subparagraph (2) below, the judge of the...

       20. 20. The High Court may order that a writ of habeas...

       21. 21. Award

       22. 22. The award shall be final and binding on the parties...

       23. 23. The arbitrator shall have power to correct in the award...

       24. 24. Reasons for award

       25. 25. Costs

       26. 26. On the application of any party, any such costs shall...

       27. 27. (1) The arbitrator shall, in awarding costs, take into consideration–...

       28. 28. Special case, setting aside award and remission

       29. 29. (1) Where the arbitrator has misconducted himself, the county court...

       30. 30. (1) The county court may from time to time remit...

       31. 31. Miscellaneous

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

       33. 33. Any instrument of appointment or other document purporting to be...

       34. 34. The Arbitration Act 1950 shall not apply to an arbitration...

    5. SCHEDULE 5

       APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBITRATION – SCOTLAND

       1. PART I general

          1. 1. (1) Subject to subparagraphs (2) and (3) below, all apportionments...

          2. 2. An arbiter or the Scottish Land Court, as the case...

       2. PART II apportionments carried out by arbitration

          1. 3. Appointment and remuneration of arbiter

          2. 4. (1) In any case where a prospective apportionment is to...

          3. 5. (1) Where, in terms of a notice given by the...

          4. 6. If the person appointed arbiter dies, or is incapable of...

          5. 7. No party to the arbitration shall have power to revoke...

          6. 8. Every appointment, application, notice, revocation and consent under the foregoing...

          7. 9. The remuneration of the arbiter shall be–

          8. 10. Conduct of proceedings and witnesses

          9. 11. The parties to the arbitration, and all persons claiming through...

          10. 12. Any person having an interest in the holding to which...

          11. 13. The arbiter shall have power to administer oaths, and to...

          12. 14. Award

          13. 15. The award to be made by the arbiter shall be...

          14. 16. The arbiter may correct in an award any clerical mistake...

          15. 17. Expenses

          16. 18. (1) The arbiter shall, in awarding expenses, take into consideration–...

          17. 19. It shall not be lawful to include in the expenses...

          18. 20. Statement of case

          19. 21. Removal of arbiter and setting aside of award

          20. 22. When an arbiter has misconducted himself, or an arbitration or...

          21. 23. Miscellaneous

          22. 24. The Arbitration (Scotland) Act 1894 shall not apply to any...

       3. PART III apportionments carried out by the scottish land court

          1. 25. The provisions of the Small Landholders (Scotland) Acts 1886 to...

          2. 26. Where an apportionment or prospective apportionment is to be dealt...

          3. 27. Where, in terms of a notice given by the Minister...

          4. 28. Any person having an interest in the holding to which...

    6. SCHEDULE 6

       APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBITRATION – NORTHERN IRELAND

       1. 1. Paragraphs 3 to 17 below shall apply to every arbitration...

       2. 2. (1) The Arbitration Act (Northern Ireland) 1937 shall, except insofar...

       3. 3. Appointment of arbitrator

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

       5. 5. An arbitrator appointed in accordance with paragraphs 1, 3, and...

       6. 6. No application may be made to the President for an...

       7. 7. Where the Minister 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 the foregoing...

       12. 12. Statement of case

       13. 13. Award

       14. 14. The arbitrator shall have power to correct in the award...

       15. 15. Reasons for award

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

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

    7. SCHEDULE 7

       CONVERSION OF DIRECT SALES QUOTA AND WHOLESALE QUOTA

       1. 1. An applicant for the conversion of direct sales quota into...

       2. 2. An application referred to in paragraph 1 shall, in respect...

       3. 3. The Minister shall calculate the amount of the applicant’s direct...

       4. 4. The Minister shall, within each purchaser area, convert into wholesale...

       5. 5. The Minister shall convert into direct sales quota so much...

       6. 6. (1) The quantity of direct sales quota which is to...

    8. SCHEDULE 8

       CALCULATION OF LEVY LIABILITY

       1. 1. Wholesale quota

       2. 2. The aggregate, if any, referred to in paragraph 1(d) shall...

       3. 3. The Minister shall calculate for each purchaser the amount, if...

       4. 4. The Minister shall direct each purchaser to convert into wholesale...

       5. 5. The Minister shall calculate for each purchaser the amount, if...

       6. 6. The Minister shall calculate in respect of each region–

       7. 7. The aggregate referred to in paragraph 6(b) shall be reallocated...

       8. 8. The Minister shall calculate for each purchaser the amount, if...

       9. 9. Direct sales quota

       10. 10. The Minister shall direct each purchaser to convert into direct...

       11. 11. The Minister shall calculate– (a) the amount, if any, by...

       12. 12. Amount of levy

       13. 13. The Minister shall calculate the amount of levy to be...

       14. 14. Each purchaser shall pass on the burden to producers of...

       15. 15. For the purposes of this Schedule “purchaser area” means the...

    9. SCHEDULE 9

       NORTHERN IRELAND WHOLESALE PROVISION

       1. PART I exceptional hardship allocation

          1. 1. The Minister may at any time add to an exceptional...

          2. 2. The Minister may allocate quota in any additional exceptional hardship...

          3. 3. For the purposes of paragraph 2 above, “exceptional hardship claim”...

       2. PART II small producer supplementary development allocation

          1. 4. The Minister may at any time add to a small...

          2. 5. Any additional provision made under paragraph 4 above shall be...

          3. 6. The amount of quota which may be allocated to a...

          4. 7. Where a producer has transferred the occupation of all or...

    10. SCHEDULE 10

        DAIRY PRODUCE QUOTA TRIBUNALS

        1. PART I dairy produce quota tribunals (other than for scotland)

           1. 1. Each Dairy Produce Quota Tribunal shall consist of up to...

           2. 2. The quorum for any determination by a Dairy Produce Quota...

           3. 3. Any determination to be made by a Dairy Produce Quota...

           4. 4. Each Dairy Produce Quota Tribunal may be serviced by a...

           5. 5. Any document purporting to be signed by the Chairman of...

           6. 6. The terms of appointment and the remuneration of the members,...

           7. 7. Except as otherwise provided in these Regulations, the procedure of...

        2. PART II the dairy produce quota tribunal for scotland

           1. 8. The Dairy Produce Quota Tribunal shall consist of up to...

           2. 9. The Dairy Produce Quota Tribunal shall sit in separate panels,...

           3. 10. Each panel constituted under paragraph 9 shall choose their own...

           4. 11. The quorum for any determination by the Dairy Produce Quota...

           5. 12. Any determination to be made by the Dairy Produce Quota...

           6. 13. Each panel constituted under paragraph 9 shall be serviced by...

           7. 14. Any document purporting to be signed by the Chairman of...

           8. 15. The terms of appointment and the remuneration of–

           9. 16. Except as otherwise provided in these Regulations, the procedure of...

           10. 17. A panel constituted under paragraph 9 may consult with any...

        3. PART III general

           1. 18. The Dairy Produce Quota Tribunals for England and Wales, Scotland...

    11. SCHEDULE 11

        REVOCATION

37. Explanatory Note