Regulation 13 Transfer of quota without transfer of land
For the purposes of the fifth indent of Article 8 of the Council Regulation (which permits the authorisation of a transfer of quota without transfer of the corresponding land, with the aim of improving the structure of milk production at the level of the holding), an application for transfer of quota without transfer of land, other than an application for a transfer of a kind to which paragraph (9) below refers, shall be submitted by the transferee to the Intervention Board for approval no later than ten working days before the intended date of such transfer, and that application shall be made in such form as may from time to time be prescribed for that purpose by the Intervention Board.
The application referred to in paragraph (1) shall include—
a statement, signed by the transferor and transferee, that they have agreed to the transfer of quota and explaining how the transfer is necessary to improve the structure of the business of the transferor and transferee;
a consent or sole interest notice signed by the transferor in respect of the entirety of the holding from which the quota is to be transferred;
an undertaking by the transferor that he—
has not transferred quota onto his holding in accordance with the provisions of this regulation in the course of the quota year in which the application is made, or in the preceding quota year;
will not transfer quota onto his holding in the period between the date of the submission of the application and the end of the quota year following the quota year in which the transfer without land takes place;
will not, through his connection with or involvement in another business, seek to circumvent the restrictions at (i) and (ii) above; and
an undertaking by the transferee that he—
will not transfer quota from his holding in the period between the date of the submission of the application and the end of the quota year following the quota year in which the transfer without land takes effect; and
will not, through his connection with or involvement in another business, seek to circumvent the restriction at (i) above.
The reference to the transfer of quota in subparagraphs (c)(ii) and (d)(i) of paragraph (2) shall include temporary transfer but exclude transfer on inheritance.
Where it has received an application under paragraph (1), the Intervention Board may require that the transferor or transferee shall produce such other information relating to the application, and within such time, as the Intervention Board resonably may determine.
Where the Intervention Board approves an application under paragraph (1), the transferee shall, no later than 28 days after the transfer takes place, and in any event no later than seven working days after the end of the quota year in which the transfer takes place, submit to the Intervention Board, in a form as shall be from time to time prescribed for that purpose by the Intervention Board, a statement of the amounts of used and unused quota available to the transferor and transferee on the date of the transfer.
Where a transferee fails to submit a statement in accordance with the requirements of paragraph (5), the Intervention Board shall revoke its approval.
Where an application to transfer quota without transfer of land has been approved by the Intervention Board, the Intervention Board may release a transferee from the undertaking referred to in subparagraph d(i) of paragraph (2), where the Intervention Board is satisfied that exceptional circumstances, resulting in a significant fall in milk production which could not have been avoided or foreseen by the transferee at the time of the submission of the application under paragraph (1), justify that release.
The exceptional circumstances referred to in paragraph (7) are—
the inability of the transferee to conduct his business over a prolonged period as a result of the onset of ill-health, injury or disability;
a natural disaster seriously affecting the holding;
the accidental destruction of buildings used for the purposes of milk production;
without prejudice to subparagraph (e) below, an outbreak of illness or disease seriously affecting the dairy herd;
the serving of a notice or the making of a declaration under an order made under section 17 of the Animal Health Act 1981f1 (in respect of places or areas in Great Britain) or the making of a declaration under an order made under article 12(1) of the Diseases of Animals (Northern Ireland) Order 1981f2 (in respect of places or areas in Northern Ireland) or the adoption of an emergency order under section 1 of the Food and Environment Protection Act 1985f3;
the loss of a significant proportion of the forage area as a result of the compulsory purchase of the holding or part of the holding; and
where the transferee is a tenant, the serving of an incontestable notice to quit under section 26 and Schedule 3 of the Agricultural Holdings Act 1986, dealing with the serving of incontestable notices to quit where the tenant is not at fault.
The Intervention Board shall not approve an application for a transfer of quota without transfer of land where it is satisfied that the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
Annotations
Footnotes
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S.I. 1981/1115 (N.I. 22).
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