Regulation 7 Temporary reallocation of quota

After regulation 11 of the principal regulations there shall be inserted—

“Temporary reallocation of quota

11A

(1)

For the purposes of Formula B, where a producer has quota registered as his in relation to a holding which is in whole or in part subject to a notice prohibiting or regulating the movement of dairy cows pursuant to an Order made under the Animal Health Act 1981^f1 or the Diseases of Animals (Northern Ireland) Order 1981^f2 the provisions of this regulation shall apply.

(2)

Subject to paragraph (3) a producer to whom this regulation applies may be awarded a temporary reallocation of unused quota for any quota year in which the notice has effect, either calculated at a rate of 15 litres per qualifying cow per qualifying day in any quota year, or equal to the amount by which in the quota year in question his production exceeds his quota entitlement, whichever sum is less.

(3)

Any award of a temporary reallocation of unused quota is subject to the following conditions:—

(a)

the total amount of quota temporarily reallocated to producers under paragraph (2) above from the purchaser quota of any purchaser shall not exceed 15 per cent of the total amount of unused quota available to that purchaser in any quota year and the Minister shall, to the extent that it is necessary so to do, abate in whole or in part each such temporary reallocation accordingly;

(b)

a producer who transfers quota under regulation 8, or who makes a temporary transfer of quota under regulation 11(1), or purchases cows or in-calf heifers for dairy purposes, shall not be entitled to receive in the same quota year an award under paragraph (2) above unless the Minister is satisfied the agreeement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (1) above refers.

(4)

for the purposes of this regulation—

• “cow” includes a heifer that has calved;

• “eligible heifer” means any heifer, which, at the date of service of the notice to which paragraph (1) refers, was on land subject to the notice and which calves for the first time on a day when the notice has effect;

• “qualifying cow” means any eligible heifer which calves at a time when the number of eligible heifers exceeds the replacement number;

• “qualifying day” means, in respect of any qualifying cow, the day it calves and each day or part of a day thereafter during which the notice has effect;

• “replacement number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice as at the date of service of the notice.”