Article 3 Application
The provisions of this scheme shall apply to milk from cows in a herd of cattle which is an authorised herd or a certified herd or which by virtue of sub-paragraph (3) of this paragraph is deemed to be an authorised herd or which becomes an authorised herd or a certified herd, being milk—
sold under the provisions of any scheme constituting a board by a producer registered under that scheme, or
deemed for the purposes of any payments under such a scheme to have been produced from that herd of cattle,
during a period determined in accordance with sub-paragraph (2) hereof or during such longer period (but not in any case commencing before 1st April 1970) as the appropriate Minister may in special circumstances allow or as from a date determined by the Ministry of Agriculture for Northern Ireland in accordance with sub-paragraph (4) hereof, as the case may require.
The period referred to in sub-paragraph (1) hereof, shall—
in the case of milk from cows in a herd which on 1st April 1970 was an accredited herd and the owner of which has applied for an authorisation under paragraph 7(1) hereof—
if the application for such authorisation is made on or before 31st August 1970, be the period of 5 years from 1st April 1970;
if the application for such authorisation is made after 31st August 1970, be the period from the first day of the month following that in which application is made until 31st March 1975;
in the case of milk from cows in a herd which on 1st April 1970 was not an accredited herd but was on that date the subject of an application for it to become an accredited herd, which application has been granted and the owner of the herd has subsequently applied for an authorisation under paragraph 7(1) hereof—
if the application for authorisation is made within one month after the date on which the owner of the herd is notified that his herd has become an accredited herd or by 31st August 1970, whichever is the later, be the period of 5 years from the first day of the month following that in which was begun the final diagnostic test as a result of which the herd became an accredited herd;
if the application for authorisation is made after 31st August 1970 and not within one month after the date on which the owner of the herd is notified that his herd has become an accredited herd, be the period from the first day of the month following that in which the application for such authorisation is made until the expiry of 5 years from the first day of the month following that in which was begun the final diagnostic test as a result of which the herd became an accredited herd;
in the case of milk from cows in a herd which has, after 1st April 1970, become the subject of an application for it to become an accredited herd, which application has been granted, and the herd has then become an authorised herd, be the period of 5 years from the first day of the month following that in which was begun the final diagnostic test as a result of which the herd became an accredited herd;
Provided that—
where a herd is, at the date of application for authorisation of that herd under paragraph 7(1) hereof, an accredited herd which has nevertheless been found, to the satisfaction of the appropriate Minister, to have been infected with brucellosis at that date and to have become so infected after 31st August 1970, sub-paragraph (a)(ii) or, as the case may be, (b)(ii) above shall have effect in relation to that herd with the substitution for the reference to the first day of the month following that in which application for such authorisation is made of a reference to the first day of the month following that in which the herd has been found to be free from that infection to the satisfaction of the appropriate Minister;
where, in any case described in sub-paragraph (b) or (c) above, a herd has become an accredited herd otherwise than as a result of diagnostic tests, the relevant provision in sub-paragraph (b) or (c), as the case may be, shall in such a case apply as if the words “was begun the final diagnostic test as a result of which” were omitted.
In the event of a herd which has been an authorised herd ceasing to be such a herd it shall, for the purposes of payments under this scheme, be deemed to be an authorised herd until the expiry of the month in which it ceased to be such a herd.
The date referred to in sub-paragraph (1) hereof shall, in the case of milk from cows in a certified herd,—
which was a certified herd on 1st April 1970 and was, to the satisfaction of the Ministry of Agriculture for Northern Ireland, free of brucellosis on 1st September 1970, be 1st April 1970;
which was not a certified herd on 1st April 1970 but subsequently became a certified herd and was, to the satisfaction of the Ministry of Agriculture for Northern Ireland, free of brucellosis on 1st September 1970, be the first day of the month following that in which was begun the final diagnostic test as a result of which the herd was certified;
to which neither the foregoing sub-paragraph (a) nor the foregoing sub-paragraph (b) applies, be the first day of the month following that in which was begun the final diagnostic test as a result of which the herd was certified:
Provided that if, in any case described in sub-paragraph (b) or (c) above, no diagnostic test has been carried out, the date shall be the first day of the month following that in which the herd was certified.