Regulation 14 Temporary reallocation of quota

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

reg. 14(1) substituted by Dairy Produce Quotas 2001 reg. 7(a)
reg. 14(2)(a) revoked by Dairy Produce Quotas 2001 reg. 7(b)
reg. 14(6)(7) revoked by Dairy Produce Quotas 2001 reg. 7(c)
reg.14 amended by Dairy Produce Quotas 2000 reg.7
reg.14 amended by Dairy Produce Quotas Amendment 2000 reg.7
reg.14 amended by Dairy Produce Quotas 2000 reg.7

(1)

For the purposes of Article 2(4) of the Council Regulation and Article 5 of the Commission Regulation (which together deal with the reallocation of excess levy), the Intervention Board may, for any quota year, award to a producer referred to in paragraph (2) a temporary reallocation of an amount of any surplus quota corresponding to a proportion of any levy collected in excess of the levy actually due in that year, in accordance with the provisions of this regulation.

(2)

This regulation shall apply to—

(a)

a producer who is affected by a formal acknowledgement of an error in the levy calculation, made pursuant to Article 5(1)(a) of the Commission Regulation; and

(b)

a producer who has quota registered as his in relation to a holding which—

(i)

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, or

(ii)

is situated wholly or partly within an area which at any time during that quota year has been designated by an emergency order under section 1 of the Food and Environment Protection Act 1985^f3.

(3)

Subject to paragraphs (4) and (5), a producer referred to in paragraph (2)(b) may be awarded a temporary reallocation of surplus quota for any quota year in which the notice referred to in paragraph (2)(b)(i) or (as the case may be) the order referred to in paragraph (2)(b)(ii) has effect, and the amount of any such award shall be calculated either—

(a)

as the amount equal to 16 litres per qualifying cow per qualifying day in any quota year; or

(b)

as the amount by which in the quota year in question the producer’s production exceeds his quota entitlement,

whichever amount is less.

(4)

Where the notice referred to in paragraph (2)(b)(i) continues in effect or the order referred to in paragraph (2)(b)(ii) remains in force for a period beyond the quota year in respect of which a producer has received an award under paragraph (3), any award under that paragraph for the following quota year shall be calculated as if the number of the producer’s qualifying cows were equal to that of his eligible heifers which calved during that period or (if the period extends beyond that following quota year) during that following quota year, notwithstanding the fact that when any such heifers calved the number of eligible heifers did not exceed the replacement number.

(5)

An award under paragraph (3) above shall not be available in the same quota year to a producer who transfers unused quota under regulation 7 or 11, makes a temporary transfer of quota under regulation 13, or purchases cows or in-calf heifers for dairy purposes, unless the Intervention Board is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (2)(b)(i) refers, or (as the case may be) before the coming into force of the order to which paragraph (2)(b)(ii) refers.

(6)

A producer referred to in paragraph (2)(a) above may be awarded a temporary reallocation of surplus quota, for any quota year in respect of which the formal acknowledgement referred to in the Commission Regulation applies, which wholly or partially offsets the error in levy calculation to which the acknowledgement relates.

(7)

In awarding a temporary reallocation of surplus quota for the purpose of this regulation the Intervention Board shall give priority to the producers referred to in paragraph (2)(a).

Annotations

Footnotes

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