Regulation 11 Transfer of quota without transfer of land

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

reg. 11(1) words revoked by Dairy Produce Quotas 2001 reg. 6(a)
reg. 11(2)(a) words inserted by Dairy Produce Quotas 2001 reg. 6(b)
reg. 11(5)(6) revoked by Dairy Produce Quotas 2001 reg. 6(c)
reg. 11(7) substituted by Dairy Produce Quotas 2001 reg. 6(d)
reg.11 amended by Dairy Produce Quotas 2000 reg 6
reg. 11(1) words substituted by Dairy Produce Quotas 2000 reg. 5(a)
reg. 11(5) words substituted by Dairy Produce Quotas 2000 reg. 5(b)
reg.11 rev.in pt. 8i amended by Dairy Produce Quotas 2000 reg.6
reg.11 amended by Dairy Produce Quotas 2000 reg.5
reg.11 amended by Dairy Produce Quotas 2000 reg.5
reg.11 amended by Dairy Produce Quotas Amendment 2000 reg.5
reg.11(1) amended by Dairy Produce Quotas (Time Limits) 1997 reg.2(3)

(1)

For the purposes of the fifth indent of the first paragraph 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 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 end of the quota year in which that transfer takes place and that application shall be in such form as may be reasonably required for that purpose by the Intervention Board.

(2)

The application referred to in paragraph (1) shall include—

(a)

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;

(b)

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;

(c)

an undertaking by the transferor that he—

(i)

has not transferred quota onto his holding in accordance with the provisions of this regulation other than by a transfer in respect of which, pursuant to paragraph (7), he has been released from the undertaking referred to in sub-paragraph (d)(i) in the course of the quota year in which the application is made, or in the preceding quota year;

(ii)

will not transfer quota onto his holding under regulations 7, 11 or 13 in the period between the date of submission of the application and the end of the quota year following the quota year in which the transfer without land takes place; and

(iii)

will not, through his connection with or involvement in another business, seek to circumvent the restrictions at paragraphs (i) and (ii) above; and

(d)

an undertaking by the transferee that he—

(i)

will not transfer quota from his holding under regulation 7, 11 or 13 in the period between the date of submission of the application and the end of the quota year following the quota year in which the transfer without land takes place;

(ii)

will not, through his connection with or involvement in another business, seek to circumvent the restriction at paragraph (i) above.

(3)

The reference to the transfer of quota in sub-paragraphs (c)(ii) and (d)(i) of paragraph (2) shall include temporary transfer under regulation 13 but exclude transfer on inheritance.

(4)

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 reasonably may determine.

(5)

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 such form as the Intervention Board may reasonably require, a statement of the amounts of used and unused quota available to the transferor and transferee on the date of the transfer.

(6)

Where a transferee fails to submit a statement in accordance with the requirements of paragraph (5), the Intervention Board shall revoke its approval.

(7)

Where an application to transfer quota without transfer of land has been approved by the Intervention Board, and the statement required by paragraph (5) has been submitted in accordance with that paragraph, the Intervention Board may release a transferee from the undertaking referred to in paragraph (2)(d)(i), 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.

(8)

The exceptional circumstances referred to in paragraph (7) are—

(a)

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;

(b)

a natural disaster seriously affecting the holding;

(c)

the accidental destruction of buildings used for the purposes of milk production;

(d)

without prejudice to sub-paragraph (e), an outbreak of illness or disease seriously affecting the dairy herd;

(e)

the serving of a notice or the making of a declaration under an order made under section 17 of the Animal Health Act 1981^f1 (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 1981^f2 (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 1985^f3;

(f)

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;

(g)

where the transferee is a tenant, the serving of an incontestable notice to quit under the provisions of section 26 of and Schedule 3 to the Agricultural Holdings Act 1986^f4 dealing with the serving of incontestable notices to quit where the tenant is not at fault; and

(h)

in the quota year commencing 1st April 1997, the slaughter of animals forming part of the dairy herd pursuant to the powers conferred upon the Minister under section 32(1)(b) of the Animal Health Act 1981, as animals having been exposed to the infection of bovine spongiform encephalopathy.

(9)

As provided for in the fourth indent of the first paragraph of Article 8 of the Council Regulation (which provides for the determination of regions within which such transfers may be authorised), no applications for a transfer of quota may be submitted pursuant to paragraph (1) where 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

f1: 1981 c. 22.
f2: S.I. 1981/1115 (N.I. 22).
f3: 1985 c. 48.
f4: 1986 c. 5.