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STATUTORY INSTRUMENTS
1991No. 832
FOOD
The Dairy Produce Quotas (Amendment) Regulations 1991
Made
26th March 1991
Laid before Parliament
26th March 1991
Coming into force
28th March 1991
The Minister of Agriculture, Fisheries and Food and the Secretary of
State, being Ministers designated[1]
for the purposes of section 2(2) of the European
Communities Act 1972[2]
in relation to the common agricultural policy of the
European Economic Community, acting jointly in exercise of the powers
conferred on them by that section and of all other powers enabling them
in that behalf, hereby make the following Regulations:—
Title and commencement
1. These Regulations may be cited as the Dairy Produce Quotas
(Amendment) Regulations 1991 and shall come into force on 28th March
1991.
Interpretation
2. In these Regulations"the principal Regulations"
means the Dairy Produce Quotas Regulations 1989[3]
.
Amendment of the principal Regulations
3. The principal Regulations shall be amended in accordance with the
following provisions of these Regulations.
Definitions
4. In regulation 2(1) of the principal Regulations, at the end of the
definition of"appropriate date"
there shall be added the following:
"or, for the purposes of Schedule 9A, in the case of a producer who
first had quota registered as his between 1st April 1989 and 28th
February 1990, the date on which quota was first registered as his.".
Reduction in quota
5. After regulation 4 of the principal Regulations there shall be
inserted the following regulation:
"Reduction in quota
4A.—(1) The Minister shall on 1st April 1991 reduce by 0.13%
the wholesale quota and direct sales quota of each producer and shall
transfer the quota thus subtracted to the appropriate running regional
wholesale reserve or the national direct sales reserve, as the case may
be.
(2) For the purposes of this regulation"wholesale quota"
includes suspended quota but excludes special quota."
.
Development provision 6. In paragraph 1 of Schedule 8A to the principal Regulations, for
sub-paragraphs (a) and (b) there shall be substituted the following
sub-paragraphs:
"(a) received a wholesale development award and held wholesale quota
on 1st April 1989in respect of which they made deliveries of milk or
milk products between1st April 1989 and 28th February 1990, or
(b) received a wholesale development award and—
(i) on 1st April 1989 held only direct sales quota, having exchanged all
their wholesale quota for direct sales quota under regulation 14, or
(ii) on 1st April 1989 held both wholesale quota and direct sales quota,
and made direct sales of milk or milk products between 1st April
1989 and 28th February 1990,"
.
Scotland and Northern Ireland Small Producer Supplementary Development Provision
7. Paragraph 7 of Schedule 8B to the principal Regulations shall be
omitted.
Northern Ireland Exceptional Hardship Provision
8. Paragraph 8 of Schedule 9 to the principal Regulations shall be
omitted.
Family-type holding provision
9. In Schedule 9A to the principal Regulations:
(a) in paragraph 1, after the word"deliveries"
there shall be inserted the words"or direct sales"
,
(b) for paragraph 2 there shall be substituted the following paragraph:
"2. For the purposes of this Schedule a family-type holding is one in
respect of which less than 200,000 litres of quota was identified on the
registers prepared and maintained under regulation 25(1) and (2)—
(a) on 1st April 1989, or
(b) in the case of a producer to whom special quota was awarded as
wholesale quota, on the date on which such quota was awarded to him, or
(c) in the case of a producer who first had quota registered as his
between 1st April 1989 and 28th February 1990, other than a producer to
whom special quota was awarded, on the date on which quota was first
registered as his."
,
and
(c) paragraph 7 shall be omitted.
Remote Areas Provision
10. Paragraph 5 of Schedule 9B to the principal Regulations shall be
omitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th March 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
These Regulations further amend the Dairy Produce Quotas
Regulations 1989 ("the principal Regulations"
). The Regulations require the Minister to reduce the direct sales
quota and wholesale quota of all producers by 0.13% and to transfer to
the running regional wholesale reserve or national direct sales reserve
the quota released as a result of the reduction (regulation 5). They
also amend Schedules 8A and 9A of the principal Regulations to enable
additional quota to be granted to producers who had a wholesale
development award and held quota on 1st April 1989 but who made only
direct sales (regulation 6) and to producers who occupy family-type
holdings, who first had quota registered in their name in the period
between 1st April 1989 and 28th February 1990 or who made only direct
sales against their quota (regulations 4 and 9(a) and (b)). Provisions
for reallocating unallocated quota awarded pursuant to Council
Regulation 3880/89 are omitted (regulations7, 8, 9(c) and 10).