The Dairy Produce Quotas (Scotland) Amendment Regulations 2004

Amendment of regulation 32

19.  For regulation 32 (provisions in connection with confiscation and restoration of quota)(1) substitute–

“Provision in connection with confiscation and restoration of quota

32.—(1) On or before 14th May following the end of each quota year, each purchaser shall supply to the Scottish Ministers a list of those wholesale quota holders registered with that purchaser (whether for the whole or part of the quota year) who have not made deliveries to that purchaser during that quota year.

(2) Pursuant to Article 15 of the Council Regulation (which concerns the confiscation and restoration of quota), the Scottish Ministers shall notify–

(a)any wholesale quota holder or direct sales quota holder who, from information available to the Scottish Ministers, appears to have made neither deliveries nor direct sales during the previous quota year; and

(b)any direct sales quota holder who, in contravention of Article 6 of the Commission Regulation, has failed to submit to the Scottish Ministers a declaration within 30 days of service of a notice by the Scottish Ministers in accordance with Article 6(4) of that Regulation,

that the quota of that quota holder has been taken into the national reserve.

(3) Any quota withdrawn pursuant to Article 15 of the Council Regulation shall be placed in the national reserve with effect from the beginning of the quota year following–

(a)the quota year for which the list referred to in paragraph (1) was supplied;

(b)the quota year to which the declaration indicating no direct sales were made relates; or

(c)the quota year for which no declaration was submitted,

as the case may be.

(4) A wholesale quota holder or direct sales quota holder who receives a notification of confiscation under paragraph (2) shall within 28 days of receipt of that notification notify any person with an interest in the land comprised in the holding of the content of that notification.

(5) Subject to the second sub paragraph of Article 15(1) of the Council Regulation (which specifies the time limit for quota restoration) and to paragraphs (6) and (7), a person whose quota has, pursuant to Article 15(1), been taken into the national reserve may request the Scottish Ministers to restore to that person the quota in respect of the holding from which it was confiscated or in respect of part of that holding provided that–

(a)that person is a producer;

(b)the Scottish Ministers receive the request by the end of the quota year to which the request relates; and

(c)in the case of confiscation of quota notified by virtue of paragraph (2)(b), the Scottish Ministers have received the required declaration by the end of the quota year preceding the quota year in which the quota is to be restored.

(6) Where there is a change of occupation of all or part of the holding to which the quota relates, the new occupier may, in accordance with paragraph (5), request the Scottish Ministers to restore to the new occupier the quota relating to that holding or part holding, provided that the request is received by the Scottish Ministers before expiry of the time limit for quota restoration specified by the second sub paragraph of Article 15(1) of the Council Regulation.

(7) A request for restoration of quota to part of a holding made under paragraph (5) or, following a change of occupation of part of a holding, under paragraph (6) shall include–

(a)a statement of the agreed apportionment of quota taking account of the areas used for milk production, signed by every person with an interest in the land comprised in the holding; or

(b)a statement requesting apportionment of the quota in accordance with an arbitration under paragraphs 1, 2, 3(4) and 5 to 28 of Schedule 2.

(8) Where quota is restored to part of a holding in accordance with a request made under paragraph (5), or following a change of occupation of part of a holding pursuant to paragraph (6), the amount of quota to be restored to that part shall be determined in accordance with the apportionment referred to in paragraph (7)(a) or (b).”.