OpenLegislation

The Dairy Produce (Miscellaneous Provisions) Regulations 2007

S.I. 2007/477 · Made 18 February 2007 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 March 2019.

food

Made 18th February 2007

Laid before Parliament 26th February 2007

Coming into force 6th April 2007

F1F2The Secretary of State has been designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Community.

He makes the following Regulations under the powers conferred by that section.

Annotations to the whole text

Textual amendments

F1

Regulations revoked (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), reg. 1(1), sch. Pt. 2

F2

Regulations revoked (E.W.) (31.3.2019) by The Food and Rural Affairs (Miscellaneous Revocations) Regulations 2018 (S.I. 2018/908), regs. 1(2), 3(h)

Footnotes

f1

The power of the Secretary of State, as a Minister designated by virtue of S.I. 1972/1811 in relation to the common agricultural policy of the European Community, to make regulations which extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (1998 c. 46). The Secretary of State’s power, as a Minister so designated, to make regulations which apply to Wales is confirmed by article 4(4) of S.I. 2005/2766. The Secretary of State’s power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.

f2

1972 c. 68.

Contents

  1. 1Title and commencement
  2. 2Abolition of Dairy Produce Quota Tribunals
  3. 3Amendment of the Dairy Produce Quotas (General Provisions) Regulations 2002
  4. 4Amendment of the Agriculture Act 1986
  5. 5Consequential provisions
  6. 6Revocation of the Milk (Community Outgoers) Schemes
  7. Signature
  8. Schedule: Repeals and Revocations
  9. 1Dairy Produce Quota Tribunals
  10. 2Milk (Community Outgoers) Schemes
  11. Explanatory note

1Title and commencement

These Regulations may be cited as the Dairy Produce (Miscellaneous Provisions) Regulations 2007 and come into force on 6th April 2007.

2Abolition of Dairy Produce Quota Tribunals

The Dairy Produce Quota Tribunals, re-constituted under regulation 7(1) of the Dairy Produce Quotas (General Provisions) Regulations 2002f1, are abolished.

3Amendment of the Dairy Produce Quotas (General Provisions) Regulations 2002

(1)

The Dairy Produce Quotas (General Provisions) Regulations 2002 are amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Omit regulation 7 (dairy produce quota tribunals).

(4)

Omit the Schedule (constitution, staffing and procedures of dairy produce quota tribunals).

4Amendment of the Agriculture Act 1986

(1)

The Agriculture Act 1986f1 is amended as follows.

(2)

In paragraph 6 of Part 2 of Schedule 1 (tenants’ compensation for milk quota)—

(a)

in sub-paragraph (3), after “Wales” insert “, or by the Secretary of State or the National Assembly for Wales following the appeals procedure,”;

(b)

after sub-paragraph (3) insert—

“(3A)

In sub-paragraph (3) above “the appeals procedure” means—

(a)

in England, the appeals procedure established under the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (England) Regulations 2004 (S.I. 2004/590); and

(b)

in Wales, the appeals procedure established under the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004 (S.I. 2004/685 (W.73)).”.

(3)

In paragraph 6 of Schedule 2 (tenants’ compensation for milk quota: Scotland)—

(a)

in sub-paragraph (3), after “Scotland” insert “, or following the appeals procedure by the Scottish Ministers or the Scottish Land Court,”;

(b)

after sub-paragraph (3) insert—

“(3A)

In sub-paragraph (3) above “the appeals procedure” means the appeals procedure established under the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/278).”.

5Consequential provisions

The enactments listed in Part 1 of the Schedule are repealed or revoked as specified.

6Revocation of the Milk (Community Outgoers) Schemes

The instruments listed in Part 2 of the Schedule are revoked.

Signature

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

1Dairy Produce Quota Tribunals

EnactmentReferencesExtent of repeal or revocation
The Parliamentary Commissioner Act 19671967 c 13In Schedule 4, the entry relating to the Dairy Produce Quota Tribunal for England and Wales constituted under regulation 7 of, and the Schedule to, the Dairy Produce Quotas (General Provisions) Regulations 2002.
The House of Commons Disqualification Act 19751975 c 24In Part 2 of Schedule 1, the entry relating to a Dairy Produce Quota Tribunal constituted under the Dairy Produce Quotas Regulations 1984.
The Tribunals and Inquiries Act 19921992 c 53In both Part 1 and Part 2 of Schedule 1, the entry relating to dairy produce quotas.
The Scottish Public Services Ombudsman Act 20022002 asp 11Paragraph 1 of Schedule 3.
The Scottish Parliament (Disqualification) Order 2003S.I. 2003/409In Part 1 of the Schedule, the entry relating to any member of a Dairy Produce Quota Tribunal constituted under the Dairy Produce Quotas Regulations 1984.
The Tribunals and Inquiries (Dairy Produce Quota Tribunal) Order 2004S.I. 2004/594The whole instrument.
The Tribunals and Inquiries (Dairy Produce Quota Tribunal) (Scotland) Order 2004S.S.I. 2004/119The whole instrument.

2Milk (Community Outgoers) Schemes

Instrument revokedReferences
The Milk (Community Outgoers Scheme) (England and Wales) Regulations 1986S.I. 1986/1611
The Milk (Community Outgoers Scheme) Regulations (Northern Ireland) 1986S.R. 1986 No. 299
The Milk (Community Outgoers’ Scheme) (Scotland) Regulations 1986S.I. 1986/1613 (S. 122)
The Milk (Community Outgoers Scheme) (England and Wales) (Amendment) Regulations 1987S.I. 1987/410
The Milk (Community Outgoers’ Scheme) (Scotland) Amendment Regulations 1987S.I. 1987/425 (S. 40)
The Milk (Community Outgoers’ Scheme) (Scotland) Amendment (No. 2) Regulations 1987S.I. 1987/881 (S. 73)
The Milk (Community Outgoers Scheme) (England and Wales) (Amendment) (No. 2) Regulations 1987S.I. 1987/909
The Milk (Community Outgoers Scheme) (Amendment) Regulations (Northern Ireland) 1987S.R. 1987 No. 114
The Milk (Community Outgoers Scheme) (Amendment No. 2) Regulations (Northern Ireland) 1987S.R. 1987 No. 225

Explanatory note

(This note is not part of the Regulations)

These Regulations abolish the Dairy Produce Quota Tribunals (regulation 2) and make consequential amendments to the Dairy Produce Quotas (General Provisions) Regulations 2002 (S.I. 2002/458). These Regulations also make consequential amendments to the Agriculture Act 1986 (regulation 4) and repeal and revoke various other enactments (Part 1 of the Schedule). Disputes concerning the allocation of quota, which would previously have been considered by a Dairy Produce Quota Tribunal, will instead be considered under the relevant Common Agricultural Policy Non-IACS Support Schemes Appeals procedure.

These Regulations also revoke secondary legislation concerning Milk (Community Outgoers) schemes in the United Kingdom (Part 2 of the Schedule), as these schemes are no longer in operation.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.