# The Milk (Cessation of Production) (Scotland) Scheme 1987, Section 2: Interpretation


(1) In this Scheme, unless the context otherwise requires–
“the Act” means the Milk (Cessation of Production) Act 1985;
“allocated quota” means registered quota other than transferred quota;
“applicant” means a person who applies for compensation under this Scheme and “application” shall be construed accordingly;
“arbiter” includes the Scottish Land Court;
“authorised officer” means an officer of the Department of Agriculture and Fisheries for Scotland so authorised by the Secretary of State;
“direct sales quota” has the same meaning as in the 1986 Regulations;
“farming press” means any newspaper, journal or similar publication considered by the Secretary of State to be likely to be read by interested parties;
“Gazette” means the Edinburgh Gazette;
“holding” has the same meaning as in the 1986 Regulations;
“landlord” includes a head tenant and means–
(a) in the case of an agricultural holding to which the 1949 Act applies, the landlord within the meaning of section 93(1) of that Act;
(b) in the case of a croft within the meaning of the 1955 Act, the landlord within the meaning of section 37(1) of that Act;
(c) in the case of a holding within the meaning of the 1911 Act to which the 1949 Act does not apply, the same as it means in the 1911 Act; and
(d) where the tenancy has become vested in more than one person in several parts and the rent payable by the tenant has not been apportioned with his consent or under any statute, all the persons who together constitute the landlord of the tenancy, and “landlord’s interest” shall be construed accordingly;
“landlord’s amount” means an amount calculated in accordance with paragraph 13;
“milk” means cows' milk;
“notice” means notice in writing;
“quota” in relation to a holding, has the meaning ascribed to it in the 1986 Regulations;
“quota year” has the meaning ascribed to it in regulation 2(1) of the 1986 Regulations;
“registered” in relation to quota, means–
(a) in the case of direct sales quota, registered in the direct sales register maintained under the 1986 Regulations; and
(b) in the case of a wholesale quota, registered in a wholesale register maintained under those Regulations;
“relevant quota” means–
(a) in a case where the tenant’s holding consists only of the relevant tenancy, the quota registered in relation to that holding under the 1986 Regulations; and
(b) in any other case, such part of that quota as would fall to be apportioned under regulation 8 of the 1986 Regulations to that tenancy on a change of occupation of that tenancy;
“tenancy” means, as the case may be–
(a) the agricultural holding within the meaning of section 1 of the 1949 Act;
(b) the croft within the meaning of section 3(1) of the 1955 Act;
(c) the holding within the meaning of section 2 of the 1911 Act;
(d) the holding of a statutory small tenant under section 32 of the 1911 Act;
(e) any part of a tenancy which is treated as a separate entity for purposes of succession, assignation or sub-letting;
“tenant” means–
(a) in the case of an agricultural holding to which the 1949 Act applies, a tenant within the meaning of section 93(1) of that Act;
(b) in the case of a croft within the meaning of the 1955 Act, a crofter within the meaning of section 3(2) of that Act;
(c) in the case of a holding within the meaning of the 1911 Act to which the 1949 Act does not apply, a landholder within the meaning of section 2(2) of the 1911 Act;
“the 1911 Act” means the Small Landholders (Scotland) Act 1911;
“the 1949 Act” means the Agricultural Holdings (Scotland) Act 1949;
“the 1955 Act” means the Crofters (Scotland) Act 1955;
“the 1986 Regulations” means the Dairy Produce Quotas Regulations 1986;
“transferred quota” means quota transferred to a holding by virtue of the transfer to that holding of the whole or part of another holding;
“wholesale quota” has the same meaning as in the 1986 Regulations.
(2) In this Scheme, unless the context otherwise requires–
(a) any reference to a numbered paragraph shall be construed as a reference to the paragraph so numbered in this Scheme, and
(b) 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.

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Source: https://www.legislation.gov.uk/uksi/1987/882/section/2 (the official version)
Page: https://openlegislation.uk/milk-cessation-of-production-scotland-scheme-1987/section-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

