Regulation 14 Temporary reallocation of quota
For the purposes of the reallocation of quota referred to in Article 2(1) of the Council Regulation, the Scottish Ministers may, for any quota year, award to a producer referred to in paragraph (2) a temporary reallocation of an amount of any surplus quota, in accordance with the provisions of this regulation.
This regulation shall apply to a producer who has quota registered as the quota of that producer in relation to a holding which–
at any time during that quota year is in whole or in part subject to a notice served or declaration made under an order made pursuant to section 17 the Animal Health Act 1981 prohibiting or regulating the movement of dairy cows; or
is situated wholly or partly within an area which at any time during that quota year has been designated by an order under section 1 of the Food and Environment Protection Act 1985.
Subject to paragraph (4), a producer referred to in paragraph (2) may be awarded a temporary reallocation of surplus quota for any quota year in which the notice or order referred to in paragraph (2) has effect or remains in force, as the case may be, and the amount of any such award shall be calculated either–
as the amount equal to 16 litres per qualifying cow per qualifying day in any quota year; or
as the amount by which in the quota year in question the production of the producer exceeds the quota entitlement of that producer,
whichever amount is less.
An award for a producer pursuant to paragraph (3) shall not be available in respect of a quota year during which that producer transfers unused quota pursuant to regulations 8 or 12, makes a temporary transfer of quota pursuant to regulation 13, or purchases cows or in-calf heifers for dairy purposes, unless the Scottish Ministers are satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice or the coming into force of an order, referred to in paragraph (2).