{
  "url": "https://openlegislation.uk/dairy-produce-quotas-regulations-1993/regulation-2",
  "json_url": "https://openlegislation.uk/dairy-produce-quotas-regulations-1993/regulation-2.json",
  "legislation": "uksi/1993/923",
  "legislation_title": "The Dairy Produce Quotas Regulations 1993",
  "legislation_url": "https://openlegislation.uk/dairy-produce-quotas-regulations-1993",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations, unless the context otherwise requires—\n“agricultural area” includes areas used for horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, areas of land used as grazing land, meadow land, osier land, market gardens and nursery grounds and areas of land used for woodlands where that use is ancillary to the farming of land for other agricultural purposes;\n“Commission Regulation” means Commission Regulation (EEC) No. 536/93 laying down detailed rules on the application of the levy on milk and milk products;\n“Community legislation” means the Council Regulation and the Commission Regulation;\n“consent or sole interest notice” means a notice, in relation to a holding or part of a holding, signed by the person required under these Regulations to provide the notice, that either—\n(a) he is the occupier of that holding or part of a holding and no other person has an interest in that holding or part of the holding, or\n(b) all persons having an interest in the holding or part of the holding the value of which interest might be reduced by the apportionment or prospective apportionment to which the notice relates agree to that apportionment or proposed prospective apportionment;\n“Council Regulation” means Council Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sector;\n“cow” includes a heifer that has calved;\n“dairy enterprise” means an area stated by the occupier of that area to be run as a self-contained dairy produce business;\n“dairy produce” means the produce, expressed in kilograms or litres (one kilogram being 0.97116 litres) of milk, in respect of which levy is payable under the Community legislation;\n“Dairy Produce Quota Tribunal” has the meaning assigned to it by regulation 33; “delivery” has the meaning assigned to it by Article 9(g) of the Council Regulation (which sets out definitions) and “deliver” shall be construed accordingly;\n“direct sale” means a sale referred to in Article 9(h) of the Council Regulation;\n“direct sales quota” means the quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;\n“direct seller” means a producer selling dairy produce by direct sale;\n“eligible heifer” means any heifer which, at the date of service of the notice referred to in regulation 15(2)(a), was on land subject to the notice and calves for the first time on a day when the notice has effect or which at the date of making the order referred to in regulation 15(2)(b) was on land designated by the order and calves for the first time on a day when the order is in force;\n“farming press” means any newspaper, journal or similar publication considered by the Minister to be likely to be read by producers and purchasers;\n“Gazette” means, as regards anything in these Regulations relating to—\n(a) England and Wales, the London Gazette,\n(b) Scotland, the Edinburgh Gazette,\n(c) Northern Ireland, the Belfast Gazette, and\n(d) the United Kingdom, the London, Edinburgh and Belfast Gazettes;\n“holding” has the meaning assigned to it by Article 9(d) of the Council Regulation;\n“identification” means a description of a holding specifying—\n(a) the address of the producer farming the holding;\n(b) such other particulars, if any, as the Minister may require,and “identify” and “identified” shall be construed accordingly;\n“interest” includes the interest of a mortgagee or heritable creditor and a trustee, but does not include the interest of a beneficiary under a trust or settlement or, in Scotland, the estate of a superior;\n“Intervention Board” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972;\n“levy” means the levy, payable under the Community legislation to the competent authority referred to therein, described in Article 1 of the Council Regulation (which deals with the fixing of the levy);\n“milk marketing board” means a milk marketing board constituted under the Agricultural Marketing Act 1958 or the Agricultural Marketing (Northern Ireland) Order 1982;\n“Minister”, as regards anything in these Regulations relating to—\n(a) England and Wales, means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly;\n(b) Scotland, means the Secretary of State for Scotland,\n(c) Northern Ireland, shall be construed in accordance with paragraph (3), and\n(d) the United Kingdom, means the Ministers;\n“Ministers” means all those to whom the definition of “the Minister” relates, acting jointly;\n“national reserve” means the reserve described in regulation 13, constituted pursuant to Article 5 of the Council Regulation (which deals with confiscation and distribution of quota);\n“occupier” includes, in relation to land in respect of which there is no occupier, the person entitled to grant occupation of that land to another person;\n“producer” has the meaning assigned to it by Article 9(c) of the Council Regulation;“prospective apportionment” in relation to quota on a holding means apportionment of quota ascertained under regulation 11 which will take place if there is a change of occupation of a part of the holding to which the prospective apportionment relates within six months of that prospective apportionment;\n“purchaser” has the meaning assigned to it by Article 9(e) of the Council Regulation;\n“purchaser details” means in relation to a producer, the name and address of any purchaser to whom that producer delivers, or intends to deliver, dairy produce by wholesale delivery and the proportions of that dairy produce which he delivers or intends to deliver to each;\n“purchaser quota” means, the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser during a quota year without that purchaser being liable to pay levy;\n“purchaser special quota” means the quantity of dairy produce which may be delivered by wholesale deliveries against producers' special quotas to a purchaser during a quota year without that purchaser being liable to pay levy;\n“qualifying cow” means any eligible heifer which calves at a time when the number of eligible heifers exceeds the replacement number;\n“qualifying day” means, in repect of any qualifying cow, the day it calves and each day or part of a day thereafter during which the notice referred to in regulation 15(2)(a) has effect or during which the order referred to in regulation 15(2)(b) is in force;\n“quota” means direct sales quota or wholesale quota, as the case may be;\n“quota year” means any of the periods of 12 months described in Article 1 of the Council Regulation (which deals with the fixing of the levy);\n“registered wholesale quota” means quota registered in accordance with regulation 25(2)(a);\n“replacment number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice referred to in regulation 15(2)(a), or designated by the order referred to in regulation 15(2)(b), as at the date of service of the notice or (as the case may be) the coming into force of the order, and where 22 per cent of the total number is half way between two integers the nearest even integer shall be deemed to be the nearest integer;\n“Scottish Islands area” means one of—\n(a) the islands of Shetland,\n(b) the islands of Orkney,\n(c) the islands of Islay, Jura, Gigha, Arran, Bute, Great Cumbrae and Little Cumbrae and the Kintyre peninsula south of Tarbert; or\n(d) the islands in the Outer Hebrides and the Inner Hebrides other than those listed in (c);\n“special quota” means the quota referred to in Article 4(3) of the Council Regulation which is subject to the restrictions set out in Articles 6(1) and 7(1)(a) of the Council Regulation and in Article 3a(4) of Council Regulation 857/84 (which together deal with special quota);\n“the 1984 Regulations” means the Dairy Produce Quotas Regulations 1984;\n“total direct sales quota” means the total quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;\n“total purchaser quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser during a quota year without that purchaser being liable to pay levy;\n“total wholesale quota” means the total quantity of dairy produce which may be delivered by wholesale delivery from a holding in a quota year without the producer in occupation of that holding being liable to pay levy;\n“transferee” means a person who replaces another person as occupier of a holding or part of a holding;\n“transferor” means a person who is replaced by another person as occupier of a holding or part of a holding;\n“unused quota” means quota remaining unused after any direct sales or wholesale deliveries have been taken into account, adjusted in accordance with Article 2(2) of the Commission Regulation (which deals with the fat content of milk);\n“wholesale delivery” means delivery from a producer to a purchaser;\n“wholesale quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser (to the extent specified in relation to that purchaser under these Regulations), from a holding in a quota year without the producer in occupation of that holding being liable to pay levy.\n(2) In these Regulations, unless the context otherwise requires—\n(a) any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations,\n(b) any reference in a regulation or Schedule to a numbered paragraph shall be construed as a reference to the paragraph so numbered in that regulation or Schedule, and\n(c) any reference in a paragraph to a numbered or lettered subparagraph shall be construed as a reference to the subparagraph so numbered or lettered in that paragraph.\n(3) In their application to Northern Ireland these Regulations shall have effect with the substitution, for references to the Minister, of references to the Department of Agriculture for Northern Ireland.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ No. L57, 10.3.93, p. 12."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ No. L405, 31.12.92, p. 1; Article 3 was amended by the Regulation adopted by the Council of the European Communities on 17th March 1993."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1958 c. 47, to which there are amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1982/1080 (N.I. 12), amended by S.I. 1984/1822 (N.I. 12)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ No. L90, 1.4.84, p. 13."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.I. 1984/1047; amended by S.I. 1984/1538, 1787 and S.I. 1985/509."
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/1994/160",
      "affecting_title": "The Dairy Produce Quotas (Amendment) Regulations 1994"
    },
    {
      "type": "added",
      "affecting": "uksi/1994/160",
      "affecting_title": "The Dairy Produce Quotas (Amendment) Regulations 1994"
    },
    {
      "type": "added",
      "affecting": "uksi/1993/3234",
      "affecting_title": "The Dairy Produce Quotas (Amendment) Regulations 1993"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1993/3234",
      "affecting_title": "The Dairy Produce Quotas (Amendment) Regulations 1993"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/923/regulation/2",
    "retrieved_at": "2026-10-29T13:59:15.563377+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}