The Dairy Produce Quotas Regulations 2005 (revoked)

Registers and notices to be maintained and prepared by the Secretary of State

4.—(1) The Secretary of State must—

(a) maintain a direct sales register; and

(b) send to each direct seller a copy of the entry in the direct sales register relating to him.

(2) The direct sales register must contain an entry in respect of each direct seller setting out in particular—

(a) his name;

(b) his trading address;

(c) a reference number which serves to identify him;

(d) the direct sales quota available to him for the quota year; and

(e) the details of his direct sales.

(3) The Secretary of State must—

(a) maintain a wholesale register;

(b) send to each wholesale producer a copy of the entry in the wholesale register relating to him; and

(c) send to each purchaser named in the list referred to in paragraph (4)(e) a copy of that part of the entry relating to his purchaser quota.

(4) The wholesale register must contain an entry in respect of each wholesale producer setting out in particular—

(a) his name;

(b) his trading address;

(c) a reference number which serves to identify him;

(d) the wholesale quota available to him for the quota year; and

(e) a list of the name and address of each purchaser whose purchaser quota will be calculated to take into account all or part of that wholesale producer's total wholesale quota, and of the wholesale quota registered with each purchaser, showing the representative fat content base of that quota calculated in accordance with Article 7 of the Commission Regulation.

(5) The Secretary of State must—

(a) maintain a register of purchasers; and

(b) send to each purchaser a copy of the purchaser entry relating to him.

(6) The register of purchasers must contain an entry in respect of each purchaser setting out in particular—

(a) his name; and

(b) his purchaser quota.

(7) For the purposes of paragraphs (1) to (4), where the holding of a quota holder comprises more than one dairy enterprise, that quota holder may, after submitting to the Secretary of State a consent or sole interest notice in respect of that holding, agree with the Secretary of State the partition of the quota available to that quota holder relating to that holding between separate direct sales register entries or separate wholesale register entries, as the case may be.

(8) The Secretary of State—

(a) may make such enquiries as she reasonably considers necessary for the purposes of ensuring the accuracy of the registers which she is required to maintain under this regulation;

(b) must amend the registers—

(i) to record any allocation or adjustments made under or by virtue of these Regulations, or

(ii) to make any correction or amendment which she reasonably considers to be necessary; and

(c) must notify any person affected by any correction or amendment made by her.

(9) Notwithstanding that a person is no longer a producer, he must—

(a) remain registered pursuant to this regulation; and

(b) for the purposes of this regulation and regulations, 6, 7(a) and 33(1), continue to be regarded as a producer,

until the start of the quota year following the year in which the quota available to him has been transferred or until the quota has been withdrawn under [F1 Article 72 of the Council Regulation].

(10) The obligation under paragraphs (1)(b), (3)(b) and (c) and (5)(b) is an obligation to send a copy of—

(a) an entry; or

(b) part of an entry,

as the case may be, as it has effect on 1st April in each year.

Textual Amendments

F1 Words in reg. 4(9) substituted (1.4.2008) by The Dairy Produce Quotas (Amendment) Regulations 2008 (S.I. 2008/439), reg. 1(b), Sch. para. 2