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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Dairy Produce Quotas (Amendment) Regulations 1991 No. 832 URL: http://www.bailii.org/uk/legis/num_reg/1991/uksi_1991832_en.html |
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Statutory Instruments
FOOD
Made
26th March 1991
Laid before Parliament
26th March 1991
Coming into force
28th March 1991
The Minister of Agriculture, Fisheries and Food and the Secretary ofState, being Ministers designated(1) for the purposes of section 2(2) of the EuropeanCommunities Act 1972(2) in relation to the common agricultural policy of theEuropean Economic Community, acting jointly in exercise of the powersconferred on them by that section and of all other powers enabling themin that behalf, hereby make the following Regulations:-
1. These Regulations may be cited as the Dairy Produce Quotas(Amendment) Regulations 1991 and shall come into force on 28th March1991.
2. In these Regulations"the principal Regulations" means the Dairy Produce Quotas Regulations 1989(3).
3. The principal Regulations shall be amended in accordance with thefollowing provisions of these Regulations.
4. In regulation 2(1) of the principal Regulations, at the end of thedefinition of"appropriate date" there shall be added the following:
"or, for the purposes of Schedule 9A, in the case of a producer whofirst had quota registered as his between 1st April 1989 and 28thFebruary 1990, the date on which quota was first registered as his.".
5. After regulation 4 of the principal Regulations there shall beinserted the following regulation:
"Reduction in quota
4A.-(1) The Minister shall on 1st April 1991 reduce by 0.13%the wholesale quota and direct sales quota of each producer and shalltransfer the quota thus subtracted to the appropriate running regionalwholesale reserve or the national direct sales reserve, as the case maybe.
(2) For the purposes of this regulation"wholesale quota" includes suspended quota but excludes special quota.".
6. In paragraph 1 of Schedule 8A to the principal Regulations, forsub-paragraphs (a) and (b) there shall be substituted the followingsub-paragraphs:
"(a)received a wholesale development award and held wholesale quotaon 1st April 1989in respect of which they made deliveries of milk ormilk products between1st April 1989 and 28th February 1990, or
(b)received a wholesale development award and-
(i)on 1st April 1989 held only direct sales quota, having exchanged alltheir wholesale quota for direct sales quota under regulation 14, or
(ii)on 1st April 1989 held both wholesale quota and direct sales quota,
and made direct sales of milk or milk products between 1st April1989 and 28th February 1990,".
7. Paragraph 7 of Schedule 8B to the principal Regulations shall beomitted.
8. Paragraph 8 of Schedule 9 to the principal Regulations shall beomitted.
9. In Schedule 9A to the principal Regulations:
(a)in paragraph 1, after the word"deliveries" there shall be inserted the words"or direct sales",
(b)for paragraph 2 there shall be substituted the following paragraph:
"2. For the purposes of this Schedule a family-type holding is one inrespect of which less than 200,000 litres of quota was identified on theregisters prepared and maintained under regulation 25(1) and (2)-
(a)on 1st April 1989, or
(b)in the case of a producer to whom special quota was awarded aswholesale quota, on the date on which such quota was awarded to him, or
(c)in the case of a producer who first had quota registered as hisbetween 1st April 1989 and 28th February 1990, other than a producer towhom special quota was awarded, on the date on which quota was firstregistered as his.",
and
(c)paragraph 7 shall be omitted.
10. Paragraph 5 of Schedule 9B to the principal Regulations shall beomitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th March 1991.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
26th March 1991
(This note is not part of the Regulations)
These Regulations further amend the Dairy Produce QuotasRegulations 1989 ("the principal Regulations"). The Regulations require the Minister to reduce the direct salesquota and wholesale quota of all producers by 0.13% and to transfer tothe running regional wholesale reserve or national direct sales reservethe quota released as a result of the reduction (regulation 5). Theyalso amend Schedules 8A and 9A of the principal Regulations to enableadditional quota to be granted to producers who had a wholesaledevelopment award and held quota on 1st April 1989 but who made onlydirect sales (regulation 6) and to producers who occupy family-typeholdings, who first had quota registered in their name in the periodbetween 1st April 1989 and 28th February 1990 or who made only directsales against their quota (regulations 4 and 9(a) and (b)). Provisionsfor reallocating unallocated quota awarded pursuant to CouncilRegulation 3880/89 are omitted (regulations7, 8, 9(c) and 10).
