8.—(1) Subject to paragraph (2), where [F1the Minister][F1the Secretary of State] forms the opinion that any parcel of land is being overgrazed, he may serve on the occupier a written notice specifying the maximum number of animals which may be grazed and maintained on that parcel in the following calendar year.
(2) The maximum number referred to in paragraph (1) shall be determined having regard to such conditions as may be specified in the notice.
(3) Where [F1the Minister][F1the Secretary of State] has previously served a notice under paragraph (1) or any of the provisions specified in paragraph (5) in relation to a parcel of land, he may serve a further notice under paragraph (1) in relation thereto without having formed the opinion that it is being overgrazed.
(4) Where [F1the Minister][F1the Secretary of State] has served a notice in relation to a parcel of land under paragraph (1) or (3), or any of the provisions specified in paragraph (5), he [F2or the Board, as the case may be, ]shall withhold, or, where it has already been paid, recover any slaughter premium payable or paid on such number of premium animals grazed and maintained there in the calendar year in respect of which that notice was issued as, when added to the number of other animals (including other premium animals) grazed and maintained there in that year, results in the maximum number of animals specified in the notice being exceeded.
(5) The provisions referred to in paragraphs (3) and (4) are—
(a)regulation 11 of the Beef Special Premium Scheme Regulations 1996;
(b)regulation 3A of the Suckler Cow Premium Regulations 1993 M1; and
(c)regulation 3A of the Sheep Annual Premium Regulations 1992 M2.
(6) [F1The Minister][F1The Secretary of State] [F3or the Board, as the case may be,] may withhold or recover slaughter premium where he [F3or it] is satisfied that any other condition in the notice has been breached.
Textual Amendments
F1Words in reg. 2(1) substituted (E.W.N.I.) (15.11.2001) by The Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), regs. 1(1), 7(15)(a) (with reg. 8)
F2Words in reg. 8(4) revoked (E.W.N.I.) (15.11.2001) by The Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), regs. 1(1), 7(15)(d) (with reg. 8)
F3Words in reg. 8(6) revoked (E.W.N.I.) (15.11.2001) by The Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), regs. 1(1), 7(15)(d) (with reg. 8)
Marginal Citations
M1S.I. 1993/1441, as amended by 1994/1528, 1995/15, 1995/1446, 1996/1488 and 1997/249.
M2S.I. 1992/2677, as amended by 1994/2741, 1995/2779, 1996/49 and 1997/2500.