Schedule 1

“SCHEDULE 8A

DEVELOPMENT PROVISION

Regulation 20A

1

Subject to paragraphs 2, 3 and 4, awards under regulation 20A shall be made by the Minister to producers who–

(a)

received a wholesale development award, and

(b)

held wholesale quota on 1st April 1989 in respect of which they made deliveries of milk or milk products between 1st April 1989 and 28th February 1990,

so that each such producer has his wholesale development quota increased to the same percentage of the amount on 1st April 1989, inclusive of suspended quota, 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, less the subsequent permanent cuts in quota.

2

A producer whose wholesale development quota is at least the percentage referred to in paragraph 1 of the amount on 1st April 1989, inclusive of suspended quota, 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, less the subsequent permanent cuts in quota, shall not be awarded any increase to his wholesale development quota under regulation 20A.

3

(1)

Where the occupation of all or part of a producer’s holding has been transferred in any way to which sub-paragraph (3) below refers to another person or persons on or after 1st April 1989, any award of quota in respect of that producer by virtue of paragraph 1 shall be divided by the Minister between that producer and the transferee or transferees in the proportion that the wholesale quota relating to the holding was apportioned.

(2)

A producer who satisfies the conditions in paragraph 1(b) but who did not receive wholesale development quota, and to whom the occupation of a holding was transferred in any way to which sub-paragraph (3) below refers before 1st April 1989 by a producer who received a wholesale development award, shall be entitled to an award of a proportion of the quota which would have been due to the transferor under paragraph 1 above (had the transfer not occurred), that proportion being the same as that which the wholesale quota apportioned to the transferee bore to the transferor’s total wholesale quota.

(3)

Sub-paragraphs (1) and (2) shall only apply where occupation of all or part of the holding was transferred–

(a)

on inheritance,

(b)

by gift for which no consideration is given, or

(c)

in England and Wales:

(i)

by the granting of a tenancy following a direction under section 39 or section 53 of the Agricultural Holdings Act 1986^f1 (direction for grant of tenancy to successor on death or retirement of previous tenant),

(ii)

by the granting of a tenancy (following a direction under section 39 of that Act) in circumstances within section 45(6) of that Act (new tenancy granted by agreement to persons entitled to tenancy under direction),

(iii)

by the granting of such a tenancy as is referred to in section 37(1)(b) or (2) of that Act (tenancy granted by agreement to close relatives), or

(iv)

by the granting of a tenancy other than under paragraphs (i), (ii) or (iii) of this sub-paragraph by the landlord to a successor of a tenant who has died or retired.

4

In England and Wales and Northern Ireland, in the case of a partnership which received a wholesale development award and which has since been dissolved–

(a)

where the date of dissolution was before 1st April 1989, and a former partner satisfies the conditions in paragraph 1(b), or

(b)

where the date of dissolution was on or after 1 April 1989, and the partnership satisfied the conditions in paragraph 1,

in the case of (a), that partner, or in the case of (b), each of the former partners shall be entitled to a share of the award which would have been due to the partnership in the same proportion that the wholesale quota relating to the partnership’s holding was apportioned to him or them.

5

Any person who is eligible for an award of quota by virtue of paragraphs 3 or 4 shall, if he wishes to claim quota, apply by 31st May 1990 for such an award, in the form prescribed by the Minister.

6

The Minister shall, by advertisement published in the Gazette, announce the aggregate amount of quota to be awarded under regulation 20A.

SCHEDULE 8B

SCOTLAND AND NORTHERN IRELAND SMALL PRODUCER SUPPLEMENTARY DEVELOPMENT PROVISION

Regulation 20B

1

Subject to paragraphs 2 and 3, awards under regulation 20B shall be made by the Minister to producers who–

(a)

received a wholesale development award,

(b)

had an aggregate direct sales quota and wholesale quota on 1st April 1985 for producers in Scotland or on 13th March 1986 for producers in Northern Ireland, of less than 200,000 litres, and

(c)

held wholesale quota on 1st April 1989 in respect of which they made deliveries of milk or milk products between 1st April 1989 and 28th February 1990.

2

(1)

Where the occupation of all or part of a producer’s holding has been transferred in either way to which sub-paragraph (3) below refers to another person or persons on or after 1st April 1989, any award of quota in respect of that producer by virtue of paragraph 1 shall be divided by the Minister between that producer and the transferee or transferees in the proportion that the wholesale quota relating to the holding was apportioned.

(2)

A producer who satisfies the conditions in paragraph 1(c) but did not receive a wholesale development award, and to whom the occupation of a holding was transferred in either way to which sub-paragraph (3) below refers before 1st April 1989 by a producer who satisfied the conditions in paragraph 1(a) and (b), shall be entitled to an award of a proportion of the quota which would have been due to the transferor under paragraph 1 (had the transfer not occurred), that proportion being the same as that which the wholesale quota apportioned to the transferee bore to the transferor’s total wholesale quota.

(3)

Sub-paragraphs (1) and (2) shall only apply where occupation of all or part of the holding was transferred–

(a)

on inheritance, or

(b)

by gift for which no consideration has been given.

3

In Northern Ireland, in the case of a partnership which received a wholesale development award and which has since been dissolved–

(a)

where the date of dissolution was before 1st April 1989, the partnership satisfied the condition in paragraph 1(b) and a former partner satisfies the conditions in paragraph 1(c), or

(b)

where the date of dissolution was on or after 1st April 1989, and the partnership satisfied the conditions in paragraph 1,

in the case of (a), that partner, or in the case of (b), each of the former partners shall be entitled to a share of the award which would have been due to the partnership in the same proportion that the wholesale quota relating to the partnership’s holding was apportioned to him or them.

4

The amount of quota which may be awarded to a producer under paragraph 1 shall be limited to–

(a)

the amount by which his wholesale development quota fell short of 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, less the subsequent permanent cuts in quota, or

(b)

the amount which would increase such producer’s aggregate of wholesale quota and direct sales quota to 200,000 litres on the relevant date referred to in paragraph 1(b), less the subsequent permanent cuts in quota,

whichever amount is less.

5

Any person who is eligible for an award of quota by virtue of paragraphs 2 or 3 shall, if he wishes to claim quota, apply by 31st May 1990 for such an award, in the form prescribed by the Minister.

6

The Minister shall, by advertisement published in the Gazette, announce the aggregate amount of quota to be awarded under regulation 20B.

7

If, after the making of the awards in accordance with this Schedule, not all the quota advertised under paragraph 6 has been allocated to producers, the amount which remains unallocated shall be made available for award under regulation 20A.”