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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 118

FOOD

The Dairy Produce Quotas (Scotland) Amendment Regulations 2007

  Made 27th February 2007 
  Laid before the Scottish Parliament 28th February 2007 
  Coming into force 31st March 2007 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Dairy Produce Quotas (Scotland) Amendment Regulations 2007 and shall come into force on 31st March 2007.

Amendment of the Dairy Produce Quotas (Scotland) Regulations 2005
    
2. The Dairy Produce Quotas (Scotland) Regulations 2005[2] are amended in accordance with regulations 3 to 10.

     3. In regulation 2(1) (interpretation) –

     4. In regulation 7(a) (inspection of entries in the Scottish Ministers' registers), omit sub paragraph (iii).

    
5. In regulation 9 (transfer of quota with transfer of land: general), for paragraph (3) substitute–

     6. In regulation 31(5) (payment and recovery of levy), for "1st September" substitute "30th September".

    
7. In regulation 36 (administrative penalties)–

     8. In regulation 38 (confiscation of quota), omit paragraph (2).

    
9. In regulation 39(2)(a)(ii) (restoration of quota), for "by virtue of regulation 38(2)" substitute "under Article 11(4) of the Commission Regulation".

    
10. In paragraph 2(1) of Schedule 2 (Keeping and retention of records: records to be kept by producers), at the beginning of both sub-paragraph (h) and (i), insert "if the direct seller holds 4,855 or more litres of direct sales quota,".


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
27th February 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which come into force on 31st March 2007, amend the Dairy Produce Quotas (Scotland) Regulations 2005 (S.S.I. 2005/91) ("the 2005 Regulations").

The 2005 Regulations implement Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector (O.J. No. L 270, 21.10.2003, p.123) (as amended) and Commission Regulation (EC) No. 595/2004 laying down detailed rules for applying Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector (O.J. No. L 94, 31.3.2004, p.22) ("the Commission Regulation").

These Regulations–

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.


Notes:

[1] 1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, in so far as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2005/91 as amended by S.S.I. 2006/119.back

[3] O.J. No. L 365, 21.12.2006, p.52.back

[4] O.J. No. L 265, 26.9.2006, p.8.back



ISBN 978 0 11 071856 9


 © Crown copyright 2007

Prepared 6 March 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070118.html