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The Dairy Produce Quotas (Scotland) Regulations 2002
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- Scottish Statutory Instruments
- 2002 No. 110
- Regulation 10
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- Regulations revoked by S.S.I. 2005/91 reg. 41(1)
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- reg 33A added by S.S.I. 2002/228 reg 2(1) (6)
Prospective apportionment of quotaS
10.—(1) The occupier of a holding who intends that a prospective apportionment of quota will be applied to it shall submit to the Scottish Ministers an application in such a form as the Scottish Ministers may reasonably require, requesting either–
(a)that a prospective apportionment of quota relating to the holding be made taking account of areas used for milk production as set out in the application; or
(b)that a prospective apportionment of quota be ascertained by arbitration in accordance with Schedule 2.
(2) A request for a prospective apportionment of quota may be withdrawn by a notice in writing to the Scottish Ministers, given by the occupier of the holding to which the prospective apportionment relates.
(3) Where the occupier of a holding requests that a prospective apportionment be made in accordance with paragraph (1)(a) or gives notice in writing of the withdrawal of such a request in accordance with paragraph (2), that request or notice shall be accompanied by a consent or sole interest notice in respect of the entire holding.
(4) Where there is a change of occupation of part of a holding (other than a change to which regulation 8(5) applies) and within the six months preceding that change of occupation–
(a)the occupier of that holding has requested a prospective apportionment of quota in respect of that part of the holding and has submitted a notice in accordance with regulation 8(1), indicating that an apportionment of quota has been agreed; or
(b)a prospective apportionment of quota relating to that part of that holding has been or is in the process of being made by virtue of Schedule 2,
the apportionment of quota shall be carried out in accordance with paragraph (5).
(5) Where quota is apportioned in accordance with this paragraph, the apportionment shall be carried out in accordance with–
(a)any prospective apportionment of quota relating to that part of that holding made under paragraph (1) unless the request for that prospective apportionment was withdrawn before the change of occupation to which it relates takes place;
(b)if no such prospective apportionment has been made, any prospective apportionment which is in the process of being made under paragraph (1); and
(c)in any other case, regulation 9.
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