The Dairy Produce Quotas Regulations 1989

Regulation 21

SCHEDULE 9 NORTHERN IRELAND WHOLESALE PROVISION

PART I exceptional hardship allocation

1.  The Minister may at any time add to an exceptional hardship provision made under paragraph 17 of Schedule 2 to the 1984 Regulations. Where any such additional provision is made the Minister shall by advertisement published in the Gazette announce the amount of quota in that provision.

2.  The Minister may allocate quota in any additional exceptional hardship provision to a producer who has previously made an exceptional hardship claim and who has been allocated an amount of quota, in furtherance of that claim, being less than the amount of quota determined by the Tribunal in respect of that claim.

3.  For the purposes of paragraph 2 above, “exceptional hardship claim” means a claim which has been determined by the Tribunal in accordance with paragraph 17 of Schedule 2 to the 1984 Regulations.

PART II small producer supplementary development allocation

4.  The Minister may at any time add to a small producer supplementary development provision made under Schedule 13 to the 1986 Regulations. Where any such additional provision is made the Minister shall by advertisement published in the Gazette announce the amount of quota in that provision.

5.  Any additional provision made under paragraph 4 above shall be allocated by the Minister to producers who had a wholesale development award and the aggregate of whose total direct sales quota and total wholesale quota, on the date determined by the Minister for the purposes of a provision under Schedule 13 to the 1986 Regulations, was less than 200,000 litres.

6.  The amount of quota which may be allocated to a producer under paragraph 5 above shall be limited to–

(a) the amount determined in respect of that producer by the further examination body, or by the Tribunal, in accordance with paragraphs 9(3) and 10(1), respectively, of Schedule 2 to the 1984 Regulations, or

(b) 200,000 litres,

whichever amount is less.

7.  Where a producer has transferred the occupation of all or part of his holding to another person, any allocation of quota in respect of that producer by virtue of paragraph 5 above shall be divided between that producer and the transferee in the proportion that the wholesale quota relating to the holding was apportioned.