The Dairy Produce Quotas Regulations 1989

Adjustment of purchaser quota

8.—(1) Where any wholesale quota is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that quota is applicable shall be correspondingly increased or reduced.

(2) On any transaction to which Article 7(2) of Council Regulation 857/84 or Article 9(1)(d) of the Commission Regulation (which between them deal with replacements of purchasers and changes by producers from one purchaser to another) applies, any purchaser whose purchaser quota has been increased by virtue of that transaction shall, no later than a date 21 days after the date of the transaction, submit to the Minister–

(a) a statement of the transaction, that is to say a statement setting out (in accordance with Article 7(2) of Council Regulation 857/84 where applicable) the following particulars–

(i) the nature of the transaction;

(ii) the parties to the transaction;

(iii) the changes of purchaser quota of any purchaser to whom the transaction relates;

(iv) the changes in respect of matters referred to in the list, mentioned in regulation 25(2)(a)(iv) forming part of the wholesale register entry of each producer to whom the transaction relates; and

(b) a statement that all purchasers and all producers to whom the transaction relates either agree to, or (so far as the purchaser submitting the statement is aware) have no right to bring proceedings in respect of, the changes the particulars of which are set out in the statement of the transaction.

(3) Following a transaction referred to in paragraph (2) dairy produce previously delivered by wholesale delivery in the quota year of the transaction by any producer involved in that transaction to any purchaser involved in that transaction (and any levy paid or payable in respect of that dairy produce) shall be deemed, for the purpose of calculation of levy, to have been delivered (or paid or payable) proportionally in accordance with changes effected by that transaction.

(4) The Minister may provide such forms as he reasonably considers to be necessary for the purposes of this regulation.