Schedule 2

“SCHEDULE 9

NORTHERN IRELAND EXCEPTIONAL HARDSHIP PROVISION

Regulation 21

1

Subject to paragraphs 3 and 4 awards under regulation 21 shall be made by the Minister to producers who–

(a)

received an exceptional hardship 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.

2

The amount of quota awarded under paragraph 1 shall be limited to the amount by which the producer’s exceptional hardship quota fell short of the amount of his exceptional hardship award, less the subsequent permanent cuts in quota.

3

(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(b) but did not receive an exceptional hardship 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 received an exceptional hardship award 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 allocated 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 was given.

4

In the case of a partnership which received an exceptional hardship 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 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.

5

Any person who is eligible for an award of quota by virtue of paragraphs 3 and 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

For the purposes of this Schedule–

(a)

“exceptional hardship award” means an award made by the Tribunal in accordance with paragraph 17 of Schedule 2 to the 1984 Regulations;

(b)

“exceptional hardship quota” means wholesale quota received pursuant to an exceptional hardship award, less the subsequent permanent cuts in quota.

7

The Minister shall, by advertisement published in the Gazette, announce the aggregate amount of quota to be awarded under regulation 21.

8

If, after the making of the awards in accordance with this Schedule, not all the quota advertised under paragraph 7 has been allocated to producers, the amount which remains unallocated shall be made available for award under regulation 20A.”