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Regulation 7 Regions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Minister shall, in respect of each quota year, announce by advertisement published in the Gazette and farming press any change in the regions into which the United Kingdom is divided for the purposes of Article 1(2) of Council Regulation 857/84 (which deals with regions) and the allocation from the national wholesale quota of a regional wholesale quota for each region.

(2)

Where, in respect of any quota year, the regional wholesale quota allocated for a region is increased in relation to the preceding quota year, the wholesale quota so added shall create, or be added to, the running regional wholesale reserve for that region.

(3)

Where, in respect of any quota year, the regional wholesale quota allocated for a region is reduced in relation to the preceding quota year the wholesale quota so subtracted shall be satisfied from all persons with wholesale quota in proportion to the wholesale quota of each at the start of the quota year (the reduction of purchaser quota to be calculated in accordance with those reductions of wholesale quota).

(4)

Where in respect of a quota year the direct sales quota allocated within a region is reduced in relation to the preceding quota year, the quota so subtracted shall be satisifed from all persons with direct sales quota in that region in proportion to the direct sales quota of each at the beginning of the quota year.

(5)

Where, in respect of any quota year, there is a change of regions as described in paragraph (1), the following shall be deemed to have taken place, for the purposes of these Regulations, immediately before the end of the prior quota year–

(a)

the adjustment of wholesale quota applicable to any holding affected by the change in accordance with the following calculations–

(i)

where any holding in more than one old region is in one new region, by aggregating the total wholesale quota relating to that holding;

(ii)

where any holding in one old region is in more than one new region, by allocating wholesale quota in accordance with paragraph (6) in relation to divisions in new regions;

(iii)

where any holding in more than one old region is in more than one new region but in different divisions, by aggregating the total wholesale quota relating to that holding and allocating wholesale quota in accordance with paragraph (6) in relation to divisions in new regions;

(b)

the calculation of the running regional wholesale reserve of each new region by aggregating the running regional wholesale reserves of each of the old regions and dividing the aggregate among the new regions proportionally in accordance with the total wholesale quota then allocated in each new region;

(c)

the calculation of the regional wholesale quota of each new region by adding to its aggregate of wholesale quotas (taking account of subparagraph (a)) its running regional wholesale reserve calculated under subparagraph (b).

(6)

An allocation is made in accordance with this paragraph by allocating to the division of a holding which contains the dairy unit (where that holding contains a single dairy unit) the total wholesale quota relating to that holding or (in respect of any other holding) allocating to each division of that holding a part of the total wholesale quota relating to that holding calculated proportionally in accordance with the area of that division.

(7)

The Minister may at any time reallocate the national wholesale quota among the regions, and where such reallocation is unable to be achieved by the transfer of wholesale quota between running regional reserves, may reduce the regional wholesale quota allocated for a region, the reduction being satisfied from all persons in that region with wholesale quota in proportion to the wholesale quota of each person at the start of the quota year and may pay compensation to persons whose entitlement to quota is so reduced and shall announce these arrangements by advertisement published in the Gazette.

(8)

For the purpose of any reallocation of national wholesale quota under paragraph (7) the Minister may remove wholesale quota from any running regional wholesale reserve and add it to any other running regional wholesale reserve.