The Dairy Produce Quotas (Wales) Regulations 2005 No. 537 (W. 47) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
3.Application
PART 2 REGISTRATION OF QUOTA
4.Registers and notices to be maintained and prepared by the National Assembly
5.Approval of purchasers
6.Obligations of producers and purchasers with respect to registration and deliveries
7.Inspection of entries in the National Assembly’s registers
8.Registers as evidence
PART 3 TRANSFERS OF QUOTA
9.Transfer of quota with transfer of land: general
10.Transfer of part of holding
11.Prospective apportionment of quota
12.Cases where apportionment of quota by arbitration is required
13.Transfer of quota without transfer of land
14.Retention of quota at the end of a tenancy
15.Temporary transfer of quota
16.Restrictions on transfer of quota
17.Consequences of failure to duly submit a transfer notice
PART 4 ALLOCATIONS AND ADJUSTMENTS OF QUOTA
18.Allocation from national reserve
19.Temporary reallocation of quota
20.Special allocation of quota
21.Conversion of quota: general
22.Conversion of quota: restriction on transfers of converted quota in conversion year
23.Adjustment of purchaser quota
24.Restriction on use of quota in Scottish Islands Area
PART 5 THE LEVY
25.Determination whether reduction in downward butterfat adjustment is required in relation to deliveries
26.Determination whether levy on deliveries is payable
27.Reallocation of producers' quota
28.Determination of liability for levy on deliveries
29.Notification of levy liability
30.Determination of liability for levy on direct sales
31.Payment and recovery of levy
32.Prevention of avoidance of levy
PART 6 INFORMATION AND RECORDS
33.Information
34.Keeping and retention of records
35.Annual declarations and summaries
PART 7 PENALTIES AND MISCELLANEOUS PROVISIONS
36.Administrative penalties
37.Withholding or recovery of compensation
38.Confiscation of quota
39.Restoration of quota
40.Offences and criminal penalties
41.Revocations and amendments
Signature
SCHEDULE 1
APPORTIONMENT AND PROSPECTIVE APPORTIONMENT BY ARBITRATION
Appointment and remuneration of arbitrator
1.(1) Subject to paragraph (2), in any case where an...
2.(1) In any case where a prospective apportionment is to...
3.(1) An arbitrator appointed in accordance with paragraph 1(1) to...
4.(1) No application may be made to the President for...
5.Where the National Assembly makes an application to the President...
6.Any appointment of an arbitrator by the President must be...
7.For the purposes of paragraph 1(2) the panel of arbitrators...
8.If the arbitrator dies, or is incapable of acting, or...
9.No party to the arbitration may revoke the appointment of...
10.Every appointment, application, notice, revocation and consent under paragraph 1,...
11.(1) The remuneration of the arbitrator —
12.Conduct of proceedings and witnesses
13.Within 35 days of the appointment of the arbitrator, or...
14.The parties to the arbitration and all persons claiming through...
15.Any person having an interest in the holding to which...
16.Witnesses appearing at the arbitration must, if the arbitrator thinks...
17.The provisions of county court rules as to the issuing...
18.(1) Subject to sub-paragraphs (2) and (3), any person who...
19.(1) Subject to sub-paragraph (2), upon application by any party...
20.The High Court may order that a writ of habeas...
21.Award
22.The award is final and binding on the parties and...
23.The arbitrator may correct any clerical mistake or error in...
24.Reasons for award
25.Costs
26.On the application of any party, any such costs are...
27.(1) The arbitrator must, in awarding costs, take into consideration...
28.Special case, setting aside award and remission
29.(1) Where the arbitrator has misconducted himself or herself, the...
30.(1) The county court may from time to time remit...
31.Miscellaneous
32.For the purposes of this Schedule, an arbitrator appointed by...
33.Any instrument of appointment or other document purporting to be...
34.The Arbitration Act 1996 does not apply to an arbitration...
SCHEDULE 2
KEEPING AND RETENTION OF RECORDS
1.Records to be kept by purchasers
2.Records to be kept by producers
3.A wholesale quota holder who makes deliveries to a purchaser...
4.Records to be kept by any person undertaking butterfat testing in a laboratory
5.Records to be kept by hauliers
6.Records to be kept by processors
7.Records to be kept by persons buying, selling or supplying milk or milk products obtained directly from a producer or purchaser
8.In this Schedule, in relation to any records — “the...
Explanatory Note