text:
Citation, commencement, revocation and interpretation
1
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1994 and shall come into force on 1st March 1994.
2
The Education (Teachers) (Amendment) Regulations 1993 are hereby revoked .
3
Any reference in these Regulations to the principal Regulations is a reference to the Education (Teachers) Regulations 1993 .
Amendment of the principal Regulations
2
The following amendments shall be made to paragraph (2) of regulation 3 of Part I of the principal Regulations —
a
before the definition of “hearing impaired” there shall be inserted —
“city college” means a city technology college or a city college for the technology of the arts;
; and
b
before the definition of “relevant employment” there shall be inserted —
“registered teacher” means a person in respect of whom registration has been effected;
;
“registration” means registration by the Secretary of State in accordance with Part II of Schedule 3 of a person employed as a teacher at a city college who seeks to become a qualified teacher;
.
3
The following shall be substituted for regulation 7 of Part III of the principal Regulations —
7
1
Any reference in this Part to relevant employment is, subject to paragraph (2), a reference to employment —
a
by a local education authority, as teachers (whether or not at a school or further education institution) or as workers with children or young persons;
b
by any other body, as teachers at a school or further education institution; or
c
by the governing body of a school or further education institution as workers with children or young persons.
2
In regulation 10, any reference to relevant employment also includes employment —
a
by the proprietor of an independent school, as teachers or workers with children or young persons; and
b
at an independent school, as teachers or as workers with children or young persons.
.
4
The following amendments shall be made to Schedule 3 to the principal Regulations —
a
there shall be inserted before paragraph 1 —
PART I
GENERAL
b
in sub-paragraph (1)(b) of paragraph 1 —
i
for the words “or (7)” there shall be substituted the words “, (7) or (8)”; and
ii
for the words “or the States of Guernsey Education Council” there shall be substituted the words “, the States of Guernsey Education Council or the person carrying on the city college”;
c
in sub-paragraph (3) of paragraph 1 —
i
for the words “or (7)” there shall be substituted the words “, (7) or (8)”;
ii
for the words “or overseas trained teacher” there shall be substituted “, overseas trained teacher or registered teacher”; and
iii
for the words “or the States of Guernsey Education Council” there shall be substituted the words “, the States of Guernsey Education Council or the person carrying on the city college”;
d
in sub-paragraph (1) of paragraph 2 there shall be substituted for the words “an institution or university”, the words “a school, city technology college, institution or university”;
e
for sub-paragraph (a) of paragraph 2(1), there shall be substituted —
a
is either —
i
for the degree of Bachelor of Education, a certificate in Education, a post-graduate certificate in Education or a comparable qualification awarded by a university in England or Wales; or
ii
a post-graduate course of teacher training at a school or city college;
;
f
in sub-paragraph (b) of paragraph 2(6) there shall be substituted for the word “an” after the words “as a teacher or lecturer at”, the words “a city college or another”;
g
in sub-paragraph (c) of paragraph 2(6) there shall be inserted after the words “teacher or lecturer in a school”, the words “city college or another”;
h
in sub-paragraph (b) of paragraph 2(7) there shall be substituted for the word “an” after the words “as a teacher or lecturer at”, the words “a city college or another”;
i
in sub-paragraph (c) of paragraph 2(7) there shall be inserted after the words “teacher or lecturer in a school”, the words “city college or another”; and
j
after sub-paragraph (7) of paragraph 2 there shall be inserted —
8
The person carrying on a city college has submitted to the Secretary of State a recommendation that the person should be awarded qualified teacher status and —
a
a statement that he has successfully completed two school years' full-time service as a registered teacher, or the period of part-time service specified by the Secretary of State at the time of registration, and the training proposed in the recommendation for registration; or
b
a statement that he has successfully completed not less than one school year’s service as a registered teacher and the training proposed in the recommendation for registration and that before the date of registration he had attained the age of 24 years and had been employed for not less than two years as a teacher or lecturer at a city college or another independent school or an institution or a university in the United Kingdom or as an Instructor or Education Officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 3 to the 1989 Regulations or paragraph 3 of Schedule 2 and was not dismissed on grounds other than redundancy; or
c
a statement that he has successfully completed not less than one term’s service as a registered teacher and the training proposed in the recommendation for registration and that before the date of registration he has successfully completed either —
i
a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales; or
ii
a first degree course and a post-graduate course of initial teacher training for teachers in schools at such an institution (whether or not the same institution); and
that he had been employed for anot less than one year as a teacher or lecturer in a school, city college or another independent school, institution or university or other educational establishment either in England or Wales or elsewere and was not dismissed on grounds other than redundancy.
PART II
REGISTERED TEACHERS
3
On the recommendation of a person carrying on a city college the Secretary of State may register the person named in that recommendation as a registered teacher.
4
A recommendation for registration shall contain such particulars as the Secretary of State may determine.
5
Without prejudice to the generality of paragraph 4, a recommendation shall include —
1
a statement by the person carrying on the city college that the person named in the recommendation —
a
is in their opinion a suitable person to be a teacher in schools; and
b
has attained in English and mathematics the standard required to obtain Grade C in the General Certificate of Secondary Education; and
c
has successfully completed —
i
not less than two years' full-time higher education in England or Wales; or
ii
comparable education either full-time or part-time whether in England or Wales or elsewhere; and
d
i
will have attained the age of 24 years by the date on which it is proposed he shall become a registered teacher; or
ii
is recognised as a trained teacher by the competent authority in any country outside the United Kingdom;
2
particulars of the training proposed to be given to the registered teacher;
3
particulars of the post in which the registered teacher is to be employed, including —
a
the age range of the pupils he is to teach;
b
any subjects in which he is to specialise;
c
a statement as to whether the registered teacher is to be employed full-time or part-time and in the latter case his normal working hours.
6
1
Subject to sub-paragraph (2), registration shall remain in force —
a
in the case of a first registration for a full-time post, for two years from the date of its commencement;
b
in the case of a first registration for a part-time post or a subsequent registration (whether for a full-time or part-time post) for such period as may be specified by the Secretary of State at the time of registration.
2
Registration shall lapse if the registered teacher ceases to be employed in the post of which particulars are given in the registration.
3
For the purpose of this paragraph “date of commencement” means the date specified in the registration as its date of commencement.
7
The person carrying on the city college shall cause the registered teacher to receive during the period of registration the training particulars of which were given in pursuance of paragraph 5(2).
8
In any case where registration lapses by virtue of paragraph 6(2) the person carrying on the city college shall report the facts of the case to the Secretary of State.
.
John Patten
Secretary of State for Education
1st February 1994


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agricultural area” includes areas used for horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, areas of land used as grazing land, meadow land, osier land, market gardens and nursery grounds and areas of land used for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“ Commission Regulation ” means Commission Regulation ( EEC ) No. 536/93 , laying down detailed rules on the application of the levy on milk and milk products, as amended by Commission Regulation (EEC) No. 1756/93 fixing the operative events for the agricultural conversion rate applicable to milk and milk products and Commission Regulation (EEC) No. 470/94 amending Commission Regulation (EEC) No. 536/93 laying down detailed rules on the application of the additional levy on milk and milk products;
“Community compensation scheme” means the scheme instituted by Council Regulation (EEC) No. 2187/93 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying on their trade and Commission Regulation (EEC) No. 2648/93 laying down detailed rules for the application of Council Regulation (EEC) No. 2187/93 ;
“Community legislation” means the legislation listed in Schedule 1;
“consent or sole interest notice” means a notice, in relation to a holding or part of a holding, provided by the person required under these Regulations to provide the notice, and certifying —
either that he is the occupier of that holding or part of a holding and that no other person has an interest in that holding or part of the holding, or
that all persons having an interest in the holding or part of the holding the value of which interest might be reduced by the apportionment or prospective apportionment to which the notice relates agree to that apportionment or proposed prospective apportionment;
“ Council Regulation ” means Council Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sector, as amended by Council Regulation (EEC) No. 748/93 amending Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sector, and Council Regulation (EEC) No. 1560/93 amending Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sector;
“ Council Regulation 2055/93 ” means Council Regulation (EEC) No. 2055/93 allocating a special reference quantity to certain producers of milk and milk products;
“cow” includes a heifer that has calved;
“dairy enterprise” means an area stated by the occupier of that area to be run as a self-contained dairy produce business;
“dairy produce” means the produce, expressed in kilograms or litres of milk (one kilogram being 0.971 litres), in respect of which levy is payable under the Community legislation;
“Dairy Produce Quota Tribunal” has the meaning assigned to it by regulation 35;
“delivery” has the meaning assigned to it by Article 9(g) of the Council Regulation (which sets out definitions) and “deliver” shall be construed accordingly;
“direct sale” has the meaning assigned to it by Article 9(h) of the Council Regulation;
“direct sales quota” means the quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“direct seller” means a producer selling dairy produce by direct sale;
“eligible heifer” means any heifer, which, at the date of service of the notice referred to in regulation 16(2)(b)(i), was on land subject to the notice and calves for the first time on a day when the notice has effect, or which at the date of making the order referred to in regulation 16(2)(b)(ii) was on land designated by the order and calves for the first time on a day when the order is in force;
“holding” has the meaning assigned to it by Article 9(d) of the Council Regulation;
“interest” includes the interest of a mortgagee or heritable creditor and a trustee, but does not include the interest of a beneficiary under a trust or settlement or, in Scotland, the estate of a superior;
“ Intervention Board ” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972;
“levy” means the levy, payable under the Community legislation to the competent authority referred to therein, described in Article 1 of the Council Regulation (which deals with the fixing of the levy);
“Minister”, as regards anything in these Regulations relating to:
England and Wales, means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly;
Scotland, means the Secretary of State for Scotland;
Northern Ireland, shall be construed in accordance with paragraph (3); and
the United Kingdom, means the Ministers;
“Ministers” means all those to whom the definition of “the Minister” relates, acting jointly;
“national reserve” means the reserve described in regulation 14, constituted pursuant to Article 5 of the Council Regulation (which deals with confiscation and distribution of quota);
“occupier” includes, in relation to land in respect of which there is no occupier, the person entitled to grant occupation of that land to another person;
“producer” has the meaning assigned to it by Article 9(c) of the Council Regulation;
“prospective apportionment” in relation to quota on a holding means apportionment of quota ascertained under regulation 11 which will take place if there is a change of occupation of a part of the holding to which the prospective apportionment relates within six months of that prospective apportionment;
“purchaser” has the meaning assigned to it by Article 9(e) of the Council Regulation;
“purchaser quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser during a quota year without that purchaser being liable to pay levy;
“purchaser special quota” means the quantity of dairy produce which may be delivered by wholesale deliveries against producers' special quotas to a purchaser during a quota year without that purchaser being liable to pay levy;
“qualifying cow” means any eligible heifer which calves at a time when the number of eligible heifers exceeds the replacement number;
“qualifying day” means, in respect of any qualifying cow, the day it calves and each day or part of a day thereafter during which the notice referred to in regulation 16(2)(b)(i) has effect or during which the order referred to in regulation 16(2)(b)(ii) is in force;
“quota” means direct sales quota or wholesale quota, as the case may be;
“quota year” means any of the periods of 12 months described in Article 1 of the Council Regulation (which deals with the fixing of the levy);
“registered wholesale quota” means quota registered in accordance with regulation 25(2)(a);
“replacement number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice referred to in regulation 16(2)(b)(i), or designated by the order referred to in regulation 16(2)(b)(ii), as at the date of service of the notice or (as the case may be) the coming into force of the order, and where 22 per cent of the total number is half way between two integers the nearest even integer shall be deemed to be the nearest integer;
“requirements in relation to special quota” means —
the conditions for the award of special quota set out in —
Article 4(3) of the Council Regulation;
Article 3a(1) and (2) of Council Regulation (EEC) No. 857/84 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) 804/68 in the milk and milk products sector, as amended by Council Regulation No. 764/89 amending Regulation (EEC) No. 857/84 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No. 804/68 in the milk and milk products sector and Council Regulation (EEC) No. 1639/91 amending Regulation (EEC) No. 857/84 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No. 804/68 in the milk and milk products sector; and
Article 1(1) of Council Regulation 2055/93; and
the restrictions on special quota set out in Articles 6(1) and 7(1)(a) of the Council Regulation, Articles 3a(4) of Council Regulation (EEC) No. 857/84 and Article 4 of Council Regulation 2055/93;
“Scottish Islands area” means any one of —
the islands of Shetland;
the islands of Orkney;
the islands of Islay, Jura, Gigha, Arran, Bute, Great Cumbrae and Little Cumbrae and the Kintyre peninsula south of Tarbert; or
the islands in the Outer Hebrides and the Inner Hebrides other than those listed in (c);
“special quota” means the quota referred to in Article 4(3) of the Council Regulation and in Article 1(1) of Council Regulation 2055/93;
“the 1984 Regulations ” means the Dairy Produce Quotas Regulations 1984 ;
“total direct sales quota” means the total quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“total wholesale quota” means the total quanitity of dairy produce which may be delivered by wholesale delivery from a holding in a quota year without the producer in occupation of that holding being liable to pay levy;
“transferee”, means —
where quota is transferred with land, a person who replaces another person as occupier of a holding or part of a holding; and
in any other case, the transferee of quota;
“transferor”, means —
where quota is transferred with land, a person who is replaced by another person as occupier of a holding or part of a holding; and
in any other case, the transferor of quota;
“unused quota” means quota remaining unused after any direct sales or wholesale deliveries have been taken into account, adjusted in accordance with Article 2(2) of the Commission Regulation (which deals with the fat content of milk);
“wholesale delivery” means delivery from a producer to a purchaser;
“wholesale quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser (to the extent specified in relation to that purchaser under these Regulations), from a holding in a quota year without the producer in occupation of that holding being liable to pay levy.
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations;
b
any reference in a regulation or Schedule to a numbered paragraph shall be construed as a reference to the paragraph so numbered in that regulation or Schedule; and
c
any reference in a paragraph to a numbered or lettered subparagraph shall be construed as a reference to the subparagraph so numbered or lettered in that paragraph.
3
In their application to Northern Ireland these Regulations shall have effect with the substitution, for references to the Minister, of references to the Department of Agriculture for Northern Ireland.
Establishment of quota
3
Total direct sales quota and total wholesale quota for any person and purchaser quota for any purchaser in respect of any quota year shall be established in accordance with these Regulations and the Community legislation.
Determination of levy
4
For the purposes of Article 2(1) of the Council Regulation (which deals with the calculation of the levy), the contribution of producers who make wholesale deliveries towards the levy shall be established, in accordance with the provisions of that Article, at the level of the purchaser.
Milk equivalence of dairy produce
5
1
For the purposes of Article 1(2) of the Commission Regulation (which deals with milk equivalence of dairy produce) the milk equivalence of dairy produce shall be calculated on the basis that each kilogram of dairy produce shall equal such quantity of milk referred to in paragraph (2) as is required to make that kilogram of dairy produce.
2
The milk to which paragraph (1) relates is milk the fat content of which has not been altered since milking.
Adjustment of purchaser quota
6
1
Where any wholesale quota is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that quota is applicable shall be correspondingly increased or reduced.
2
On any transaction to which the second subparagraph of Article 2(2) of the Council Regulation (which deals with replacements of purchasers and changes of purchasers by producers) applies, or on any permanent conversion of quota under regulation 18, any purchaser whose purchaser quota has been increased by virtue of such a transaction (other than as a result of a temporary transfer of quota under regulation 15) or such a conversion of quota shall submit to the Intervention Board —
a
no later than 28 days after the date the transaction or conversion takes place, and in any event no later than seven working days after the end of the quota year in which such transaction or conversion of quota takes place, a statement setting out particulars of the transaction or conversion; and
b
where appropriate, a declaration made and signed by the producer that the purchaser whose purchaser quota is to decrease has been notified of the particulars set out in the statement referred to in subparagraph (a).
3
The statement referred to in paragraph (2)(a) and the declaration referred to in paragraph (2)(b) shall be made in such form as may from time to time be prescribed by the Intervention Board.
4
Where during a quota year a producer changes from being registered with a purchaser to being registered with any other purchaser —
a
for the purposes of calculation of levy liability under regulation 20 in that quota year, any purchaser with whom he is newly registered shall have his purchaser quota increased by an amount equivalent to such part of that producer’s registered wholesale quota as that producer shall determine;
b
the amount of the increase of purchaser quota determined in accordance with subparagraph (a) shall not include the amount of quota necessary to cover the deliveries made by the producer before the date of the change of purchaser, adjusted if necessary in accordance with the second subparagraph of Article 2(2) of the Commission Regulation, and such amount of quota shall remain available to the original purchaser; and
c
at the beginning of the quota year following the quota year referred to in subparagraph (a), the purchaser with whom the producer is newly registered shall have his purchaser quota increased by such part of the producer’s remaining registered wholesale quota as that producer shall determine.
5
Where the amount of wholesale quota available to a producer changes as a result of a transfer of quota under regulation 7, 13 or 15, or as a result of a conversion of quota under regulation 18, that producer shall notify the purchaser with whom his wholesale quota is registered within seven working days of the change.
Transfer of quota with transfer of land
7
1
For the purposes of Article 7 of the Council Regulation (which deals with transfer of quota when any holding is sold, leased or transferred by inheritance), on a transfer of any holding or part of a holding, other than a transfer of a kind to which paragraph (6) or (7) refers, the transferee shall submit to the Intervention Board —
a
no later than 28 days after the change of occupation of the holding or part of the holding, and in any event no later than seven working days after the end of the quota year in which the transfer takes place, a notice of transfer in a form from time to time prescribed for this purpose by the Intervention Board; and
b
such other information relating to the transfer, and within such time, as the Intervention Board reasonably may require.
2
The notice referred to in paragraph (1)(a) shall include —
a
a statement, signed by the transferor and transferee, that they have agreed that the quota shall be apportioned taking account of the areas used for milk production as specified in the statement; and
b
a consent or sole interest notice, provided by the transferor in respect of the entirety of the holding.
3
Where a transferee fails to submit the notice referred to in paragraph (1)(a) no later than seven working days after the end of the quota year in which the transfer takes place, then for the purposes of any levy calculation —
a
the unused quota transferred with such transfers shall not be treated as a part of that transferee’s quota entitlement for the quota year in which the transfer takes effect but shall be treated as if it remained unused quota available for reallocation by the Intervention Board in that quota year in accordance with paragraph 7 of Schedule 5; and
b
that transferee shall not be entitled to demand that, by reason of such a transfer, an amendment be made to the amount of quota, if any, which has been reallocated to him under Schedule 5 for the quota year in which the transfer takes effect.
4
Where there is a transfer of part of a holding —
a
an apportionment of the quota relating to the holding shall be carried out in accordance with regulation 10; and
b
any dairy produce which has been sold by direct sale or delivered by wholesale delivery from the holding during the quota year in which the change of occupation takes place and prior to that transfer shall be deemed, for the purposes of any levy calculation, to have been sold or delivered from each part of the holding in proportion to that apportionment, unless the parties agree otherwise.
5
A prospective apportionment of quota in respect of a part of a holding may be made in accordance with regulation 11.
6
No person shall transfer quota on a transfer of a holding or part of a holding in the following cases —
a
the grant of —
i
a licence to occupy land;
ii
a tenancy of any land under which a holding, or part of a holding, in England and Wales is occupied for a period of less than ten months;
iii
a lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than eight months;
iv
a tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than twelve months;
b
the termination of a licence, tenancy or lease to which subparagraph (a) applies.
7
No person shall transfer quota on a transfer of a holding or part of a holding where the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
Effect of land transfers on special quota
8
1
Subject to paragraphs (4) and (5), where a producer has special quota registered in his name and before the relevant date sells or leases the holding or a part of the holding —
a
that special quota shall be returned to the national reserve if the holding is sold or leased by the producer; and
b
a proportion of that special quota shall be returned to the national reserve if only part of the holding is sold or leased by the producer.
2
In paragraph (1) “the relevant date” means —
a
1st July 1994 where the producer holds special quota of the kind referred to in Article 4(3) of the Council Regulation; and
b
1st October 1996 where the producer holds special quota of the kind referred to in Article 1(1) of Council Regulation 2055/93.
3
The proportion of special quota which is to be returned to the national reserve in accordance with paragraph (1)(b) shall be the same proportion which the agricultural area of the holding sold or leased bears to the total agricultural area farmed by the producer.
4
This regulation shall not apply where the transfer of the holding or any part of it is effected by means of the grant of one of the following —
a
a licence to occupy land;
b
a tenancy of any land under which a holding, or part of a holding, in England and Wales is occupied for a period of less than ten months;
c
a lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than eight months; or
d
a tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than twelve months;
5
No part of the special quota shall be returned to the national reserve where the holding or any part of it is transferred —
a
on inheritance;
b
by gift for which no consideration is given;
c
by the granting of a tenancy following a direction under section 39 or section 53 of the Agricultural Holdings Act 1986 (direction for grant of tenancy to successor on death or retirement of previous tenant);
d
by the granting of a tenancy (following a direction under section 39 of that Act) in circumstances within section 45(6) of that Act (new tenancy granted by agreement to persons entitled to tenancy under direction);
e
by the granting of such a tenancy as is referred to in section 37(1)(b) or (2) of that Act (tenancy granted by agreement to close relatives); or
f
by the granting of a tenancy other than under paragraphs (c), (d) or (e) of this paragraph by the landlord to a successor of a tenant who has died or retired,
and the person to whom the holding or any part of it is transferred undertakes to comply with the requirements in relation to special quota in accordance with the undertakings of his predecessor.
Notification of transfer of holding in relation to special quota
9
1
Subject to paragraph (2), where a producer has special quota registered in his name and intends to transfer the whole or a part of his holding before the relevant date referred to in regulation 8(2), he shall submit to the Intervention Board —
a
at least 28 days before the transfer takes place, a notice of transfer in a form from time to time prescribed for this purpose by the Intervention Board; and
b
such other evidence relating to the proposed transfer, and within such time, as the Intervention Board reasonably may require.
2
Where a holding or part of a holding is transferred by means of any of the transactions referred to in regulation 8(5), regulation 7 shall apply.
Apportionment of quota
10
Subject to regulations 8, 11(4) and 12, where there is a transfer of part of a holding, including part of a holding to which regulation 8(5) applies, the apportionment of the quota or special quota, relating to that holding shall be carried out:
a
in accordance with the agreed apportionment set out in the notice referred to in regulation 7(1)(a), and in such a case that notice shall be submitted to the Intervention Board no later than 28 days after the transfer takes place;
b
in any other case,
i
in England and Wales and Northern Ireland, by arbitration in accordance with Schedules 2 and 4 respectively;
ii
in Scotland, in accordance with Schedule 3.
Prospective apportionment of quota
11
1
The occupier of the holding in respect of which a prospective apportionment of quota is to be applied shall submit to the Intervention Board an application in a form from time to time prescribed for this purpose by the Intervention Board, 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 in England and Wales, Schedule 4 in Northern Ireland, or in Scotland in accordance with Schedule 3.
2
A request for a prospetive apportionment of quota may be revoked by a notice in writing to the Intervention Board, signed 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 of the revocation of such a request under paragraph (2), that request or notice shall be accompanied by a consent or sole interest notice in respect of the entirety of the holding.
4
Where there is a change of occupation of part of a holding 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 7(1)a, 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 made by virtue of Schedule 2, 3 or 4,
the apportionment of quota shall be carried out in accordance with:
i
any prospective apportionment of quota relating to that part of that holding made under paragraph (1) and not revoked under paragraph (2);
ii
if no such prospective apportionment has been made, any prospective apportionment which is in the process of being made under paragraph (1); or
iii
in any other case, regulation 10.
Notification by the Intervention Board of apportionment of quota by arbitration
12
Where the Intervention Board has reasonable grounds for believing:
a
that the areas used for milk production on a holding are not as specified in a notice or application submitted for the purposes of regulation 7(1) or 11(1) respectively; or
b
that the areas used for milk production on a holding were not as agreed between the parties at the time of apportionment nothwithstanding that no notice or application was submitted for the purposes of the aforementioned regulations,
it shall give notice of this fact to the person who submitted the notice or application, or in a case where no such notice or application was made, to the transferee, and in such case the apportionment or prospective apportionment of that quota shall be made:
a
in England and Wales and Northern Ireland by arbitration in accordance with Schedules 2 and 4 respectively;
b
in Scotland in accordance with Schedule 3.
Transfer of quota without transfer of land
13
1
For the purposes of the fifth indent of Article 8 of the Council Regulation (which permits the authorisation of a transfer of quota without transfer of the corresponding land, with the aim of improving the structure of milk production at the level of the holding), an application for transfer of quota without transfer of land, other than an application for a transfer of a kind to which paragraph (9) below refers, shall be submitted by the transferee to the Intervention Board for approval no later than ten working days before the intended date of such transfer, and that application shall be made in such form as may from time to time be prescribed for that purpose by the Intervention Board.
2
The application referred to in paragraph (1) shall include —
a
a statement, signed by the transferor and transferee, that they have agreed to the transfer of quota and explaining how the transfer is necessary to improve the structure of the business of the transferor and transferee;
b
a consent or sole interest notice signed by the transferor in respect of the entirety of the holding from which the quota is to be transferred;
c
an undertaking by the transferor that he —
i
has not transferred quota onto his holding in accordance with the provisions of this regulation in the course of the quota year in which the application is made, or in the preceding quota year;
ii
will not transfer quota onto his holding in the period between the date of the submission of the application and the end of the quota year following the quota year in which the transfer without land takes place;
iii
will not, through his connection with or involvement in another business, seek to circumvent the restrictions at (i) and (ii) above; and
d
an undertaking by the transferee that he —
i
will not transfer quota from his holding in the period between the date of the submission of the application and the end of the quota year following the quota year in which the transfer without land takes effect; and
ii
will not, through his connection with or involvement in another business, seek to circumvent the restriction at (i) above.
3
The reference to the transfer of quota in subparagraphs (c)(ii) and (d)(i) of paragraph (2) shall include temporary transfer but exclude transfer on inheritance.
4
Where it has received an application under paragraph (1), the Intervention Board may require that the transferor or transferee shall produce such other information relating to the application, and within such time, as the Intervention Board resonably may determine.
5
Where the Intervention Board approves an application under paragraph (1), the transferee shall, no later than 28 days after the transfer takes place, and in any event no later than seven working days after the end of the quota year in which the transfer takes place, submit to the Intervention Board, in a form as shall be from time to time prescribed for that purpose by the Intervention Board, a statement of the amounts of used and unused quota available to the transferor and transferee on the date of the transfer.
6
Where a transferee fails to submit a statement in accordance with the requirements of paragraph (5), the Intervention Board shall revoke its approval.
7
Where an application to transfer quota without transfer of land has been approved by the Intervention Board, the Intervention Board may release a transferee from the undertaking referred to in subparagraph d(i) of paragraph (2), where the Intervention Board is satisfied that exceptional circumstances, resulting in a significant fall in milk production which could not have been avoided or foreseen by the transferee at the time of the submission of the application under paragraph (1), justify that release.
8
The exceptional circumstances referred to in paragraph (7) are —
a
the inability of the transferee to conduct his business over a prolonged period as a result of the onset of ill-health, injury or disability;
b
a natural disaster seriously affecting the holding;
c
the accidental destruction of buildings used for the purposes of milk production;
d
without prejudice to subparagraph (e) below, an outbreak of illness or disease seriously affecting the dairy herd;
e
the serving of a notice or the making of a declaration under an order made under section 17 of the Animal Health Act 1981 (in respect of places or areas in Great Britain) or the making of a declaration under an order made under article 12(1) of the Diseases of Animals (Northern Ireland) Order 1981 (in respect of places or areas in Northern Ireland) or the adoption of an emergency order under section 1 of the Food and Environment Protection Act 1985 ;
f
the loss of a significant proportion of the forage area as a result of the compulsory purchase of the holding or part of the holding; and
g
where the transferee is a tenant, the serving of an incontestable notice to quit under section 26 and Schedule 3 of the Agricultural Holdings Act 1986 , dealing with the serving of incontestable notices to quit where the tenant is not at fault.
9
The Intervention Board shall not approve an application for a transfer of quota without transfer of land where it is satisfied that the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
National reserve
14
1
The national reserve shall comprise such wholesale and direct sales quota as is not for the time being allocated to any person, including any quota withdrawn pursuant to regulation 33 or 34.
2
The Minister may make allocations from the national reserve in accordance with the Community legislation and these Regulations.
Temporary transfer of quota
15
1
For the purposes of Article 6 of the Council Regulation (which deals with the temporary transfer of quota), a producer may agree with any other producer to make a temporary transfer, other than a temporary transfer of a kind to which paragraph (4) below refers, of all or part of any unused quota registered as his for a period of one quota year to that other producer.
2
The Intervention Board may in respect of any quota year prescribe a reasonable charge in connection with the administration of temporary transfers of quota, and the prescribed charge per transfer shall be announced by such means as the Intervention Board considers likely to come to the attention of producers before the beginning of each quota year.
3
Where there is an agreement to make a temporary transfer of quota under paragraph (1), the transferee shall submit a notice of the agreement to the Intervention Board in a form from time to time prescribed by the Intervention Board for this purpose, and the notice, accompanied by the charge prescribed in accordance with paragraph (2), shall be submitted to the Intervention Board no later than 15th December in the quota year in which the agreement is made.
4
No producer shall agree with any other producer to make a temporary transfer of quota which would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
Temporary reallocation of quota
16
1
For the purposes of Article 2(4) of the Council Regulation and Article 5 of the Commission Regulation (which together deal with the reallocation of excess levy), the Intervention Board may, for any quota year, award to a producer referred to in paragraph (2) below a temporary reallocation of an amount of quota corresponding to a proportion of any levy collected in excess of the levy actually due in that year, in accordance with the provisions of this regulation.
2
This regulation shall apply to —
a
a producer who is affected by a formal acknowledgement of an error in the levy calculation, made pursuant to Article 5(1)(a) of the Commission Regulation, and
b
a producer who has quota registered as his in relation to a holding which —
i
is in whole or in part subject to a notice prohibiting or regulating the movement of dairy cows pursuant to an order made under the Animal Health Act 1981 or the Diseases of Animals (Northern Ireland) Order 1981, or
ii
is situated wholly or partly within an area which at any time during that quota year has been designated by an emergency order under section 1 of the Food and Environment Protection Act 1985.
3
Subject to paragraph (5) below, a producer referred to in paragraph (2)(b) above may be awarded a temporary reallocation of quota for any quota year in which the notice referred to in paragraph (2)(b)(i) or (as the case may be) the order referred to in paragraph (2)(b)(ii) has effect, and the amount of any such award shall be calculated either —
a
as the amount equal to 15 litres per qualifying cow per qualifying day in any quota year; or
b
as the amount by which in the quota year in question the producer’s production exceeds his quota entitlement,
whichever amount is less.
4
Where the notice referred to in paragraph (2)(b)(i) or the order referred to in paragraph (2)(b)(ii) above continues beyond the quota year in respect of which a producer has received an award under paragraph (3), any award under that paragraph for the following quota year shall be calculated as if the number of the producer’s qualifying cows were equal to that of his eligible heifers which calved during the period of the notice in that following quota year, notwithstanding the fact that when any such heifers calved the number of eligible heifers did not exceed the replacement number.
5
An award under paragraph (3) above shall not be available in the same quota year to a producer who transfers quota under regulations 7 or 13, makes a temporary transfer of quota under regulation 15, or purchases cows or in-calf heifers for dairy purposes, unless the Intervention Board is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (2)(b)(i) above refers, or (as the case may be) before the coming into force of the order to which paragraph (2)(b)(ii) above refers.
6
A producer referred to in paragraph (2)(a) above may be awarded a temporary reallocation of quota, for any quota year in respect of which the formal acknowledgement referred to in the Commission Regulation applies, which wholly or partially offsets the error in levy calculation to which the acknowledgement relates.
7
In making any award of a temporary reallocation of unused quota for the purpose of this regulation the Intervention Board shall give priority to the producers referred to in paragraph (2)(a).
Special allocation of quota
17
Where, by reason of a mistake made by the Minister or any person acting on his behalf, a person has not been allocated any quota or has been allocated a smaller quantity of any such quota than he would have been allocated if the mistake had not been made, the Minister may allocate to that person such quota as will compensate, in whole or in part, for that mistake from the national reserve.
Conversion of quota
18
1
Subject to the provisions of Article 4(2) of the Council Regulation (which deals with changes from direct sales to wholesale delivery and vice versa), the second subparagraph of Article 2(2) of the Council Regulation (which deals with replacements of purchasers) and this regulation, a producer may apply to convert, temporarily or permanently, direct sales quota for wholesale quota or wholesale quota for direct sales quota.
2
Where a producer wishes to convert quota permanently or temporarily in any quota year, he shall submit to the Intervention Board an application in a form from time to time prescribed for that purpose by the Intervention Board and such application shall —
a
state the amount (if any) of the producer’s direct sales quota, wholesale quota, direct sales and wholesale deliveries for the quota year in which the application is made, and the amount of unused quota which he holds at the time of the application and which he wishes the Intervention Board to convert; and
b
include such other information as the Intervention Board may reasonably require in order to assess whether the requirements of Article 4(2) of the Council Regulation and Article 2 of the Commission Regulation are fulfilled.
3
The application referred to in paragraph (2) above shall be made by the producer to the Intervention Board by —
a
31st December in any year in the case of permanent conversion of quota; or
b
28th April in any year following the end of the quota year in which the temporary conversion of quota takes place, in the case of temporary conversion of quota.
4
Where a producer has permanently converted quota in any quota year, he shall not subsequently in that quota year transfer quota, whether temporarily or otherwise.
Representative fat content of milk
19
A producer who in any quota year wishes to benefit from the negative correction provided for in article 2(1) subparagraph (e) of the Commission Regulation (which deals with the representative fat content of milk from certain new producers) shall before 1st March in that quota year confirm to the Intervention Board that in that quota year he has maintained in his dairy herd breeds of cow with characteristics similar to those in the herd in the first twelve months of production, and shall undertake to maintain such breeds in his dairy herd for the remainder of that quota year.
Reallocation of quota and calculation of levy liability
20
Schedule 5 shall apply in respect of the reallocation of quota and the calculation of levy liability for the purposes of Article 2(1) of the Council Regulation (which deals with the calculation of the levy).
Prevention of avoidance of levy
21
1
Subject to subparagraph (2) below, where in any quota year a producer makes sales or deliveries of milk or milk products from milk produced by any cows and subsequently another producer makes sales or deliveries of milk or milk products from milk produced by any or all of the same cows, the second producer shall be deemed to have made those sales or deliveries in the capacity of agent for the first producer.
2
Paragraph (1) above shall not apply where —
a
an agreement has been entered into by the first producer for the sale or lease of the cows in question or the second producer has inherited them from the first producer; and
b
the cows are kept on the second producer’s holding.
Payment of levy
22
1
For the purposes of Article 2(3) of the Council Regulation and Article 4 of the Commission Regulation (both of which deal with payment of levy by direct sellers), or Article 2(2) of the Council Regulation and Article 3 of the Commission Regulation (both of which deal with payment of levy by purchasers in respect of wholesale deliveries), levy shall be paid to the Intervention Board.
2
Where any part of the levy remains unpaid after 1st September in any year, the Intervention Board may recover from the direct seller or (as the case may be) the purchaser the amount of the levy outstanding at that date together with interest in respect of each day thereafter until the said amount is recovered at the rate of one percentage point above the sterling three-month London interbank offered rate.
3
For the purposes of the third subparagraph of Article 2(2) of the Council Regulation (which deals with set-off of levy liability), where a producer making wholesale deliveries to a purchaser exceeds his wholesale quota, adjusted, where appropriate, in accordance with Article 2(2) of the Commission Regulation, that purchaser may immediately deduct an amount corresponding to the amount of levy potentially payable by him in respect of the excess from the sums owed to the producer in respect of the deliveries.
Functions of the Intervention Board for Agricultural Produce
23
1
The Intervention Board shall be the competent authority for the purposes of Article 2(3) of the Council Regulation (which deals with payment of levy by direct sellers), and for the purposes of Articles 1, 3, 4 and 7 of the Commission Regulation (which together deal with matters relating to the assessment of levy and the payment of levy by direct sellers and purchasers).
2
The Intervention Board may, in respect of —
a
any person in whose name any direct sales quota is registered and who fails to submit to the Intervention Board before 15th May in any year the statement which is required to be made by Article 4(2) of the Commission Regulation; or
b
any purchaser approved by the Intervention Board in accordance with Article 7 of the Commission Regulation and who fails to submit to the Intervention Board before 15th May in any year the statement which is required to be made by Article 3(2) of the Commission Regulation,
make and recover a reasonable charge in respect of any visit to any premises which the Intervention Board is reasonably required to make in order to obtain any such statement from any such person or purchaser.
Disapplication of enactments
24
Nothing in section 47(2) of the Agricultural Marketing Act 1958 or Article 29 of the Agricultural Marketing (Northern Ireland) Order 1982 (which restrict the disclosure of certain information obtained under those enactments) shall restrict or apply to the disclosure of any information if, and in so far as, the disclosure is required or authorised by these Regulations or the Community legislation.
Registers to be prepared and maintained by the Intervention Board
25
1
The Intervention Board shall —
a
prepare a direct sales register entry in respect of each direct seller setting out in particular —
i
his name;
ii
his address;
iii
a reference number which serves to identify the direct seller;
iv
the direct sales quota available to him for the quota year excluding the quota referred to in subparagraph (iv); and
v
quota issued as special quota,
and shall send each direct seller a copy of the entry relating to him; and
b
maintain —
i
a direct sales register (being a register of entries referred to in paragraph (1)(a)), and
ii
a register of particulars of direct sales by each direct seller.
2
The Intervention Board shall —
a
prepare a wholesale register entry in respect of each producer setting out in particular —
i
his name;
ii
his address;
iii
a reference number which serves to identify the producer;
iv
the wholesale quota available to him for the quota year excluding the quota referred to in subparagraph (v);
v
quota issued as special quota;
vi
a list:
of the names and addresses of each purchaser whose purchaser quota will be calculated to take into account all or part of that producer’s total wholesale quota, and
of the wholesale quota registered with each purchaser, showing the butterfat base of that quota calculated in accordance with Article 2 of the Commission Regulation,
and shall send to each producer a copy of the entry relating to him and to each purchaser named on the list referred to in subparagraph (vi) a copy of that part of the entry relating to his purchaser quota; and
b
maintain a wholesale register (being a register of entries referred to in paragraph (2)(a)).
3
In respect of each purchaser the Intervention Board shall:
a
prepare a purchaser notice setting out:
i
his name,
ii
his purchaser quota,
iii
his purchaser special quota.
and shall send each purchaser a copy of the notice relating to him; and
b
maintain a register of purchaser notices.
4
For the purposes of paragraphs (1) and (2) above, where a holding comprises more than one dairy enterprise, a direct seller or a producer may, on presenting to the Intervention Board a consent or sole interest notice in respect of that holding, agree with the Intervention Board the partition of that holding between separate direct sales register entries or wholesale register entries as specified in the agreement.
5
The Intervention Board shall amend the registers which it is required by this regulation to maintain to record any allocations or adjustments made under or by virtue of these Regulations, or to make any correction which it reasonably considers to be necessary, and where it makes an amendment or correction shall notify any person affected by that amendment or correction.
6
In this regulation “direct seller” and “producer” include a person who occupies land with quota whether or not that person is engaged in the sale or delivery of dairy produce.
Inspection of entries in the Intervention Board’s registers
26
The Intervention Board shall permit, during reasonable working hours, inspection of any quota register entry relating to:
a
a specific holding in the registers referred to in regulation 25(1)(b)(i) and 25(2)(b), by any person who is the direct seller or producer in relation to that holding, or who gives the Intervention Board a statement in writing that he has an interest in that holding; and
b
a specific purchaser in the register referred to in regulation 25(3)(b), by the purchaser,
and shall, on payment of a reasonable charge, forward a copy of that entry to any such person who requests it.
Registration obligations of direct sellers, producers and purchasers
27
1
Each direct seller shall register his quota with the Intervention Board.
2
Each producer who holds registered wholesale quota (including any producer who has temporarily ceased, or who intends temporarily to cease, making wholesale deliveries) shall register his quota with a purchaser.
3
Each purchaser shall maintain, in respect of all producers whose register entries include that purchaser’s name on the list referred to in regulation 25(2)(a)(vi):
a
a register as indicated in regulation 25(2)(b) in respect of that part of his purchaser quota attributable to each of those producers;
b
a register of particulars of wholesale deliveries from each of those producers to that purchaser;
c
the information required by Article 7 of the Commission Regulation (which deals with the records required in connection with levy assessment); and
d
a system approved by the Intervention Board for sampling the milk of each producer and determining its fat content.
4
Each purchaser shall amend the register referred to in paragraph (3) above on each occasion when, under these Regulations, the equivalent register maintained by the Intervention Board is required to be amended in relation to producers registered in that purchaser’s register.
5
Each purchaser shall register with the Intervention Board and shall:
a
comply with an undertaking given to the Intervention Board to abide by the provisions of these Regulations and the Community legislation;
b
inform the Intervention Board of any factor or change in circumstance which affect that purchaser’s registration or its ability to comply with the undertaking referred to in subparagraph (a);
c
confirm to each producer supplying that purchaser that the purchaser is registered and supply on request details of that registration; and
d
notify each producer supplying that purchaser if that registration is rescinded.
Registers as evidence
28
Any entry in a register or notice required by these Regulations to be maintained by the Intervention Board shall in any proceedings be evidence of the matters stated therein.
Information
29
1
Each purchaser shall provide such information to the Intervention Board as the Intervention Board reasonably may require in order to perform its functions under these Regulations and the Community legislation.
2
Each purchaser shall submit to the Intervention Board on request, in a form from time to time to be determined by the Intervention Board, such statistics and forecasts relating to deliveries made or to be made to him, as reasonably may be required by the Intervention Board for the purpose of monitoring deliveries in relation to the total quantity for the United Kingdom referred to in Article 3(2) of the Council Regulation, and any such statistics shall be submitted within three working days of the end of the period to which the statistics relate, and any such forecast shall be submitted within 28 days of receipt by the purchaser of the request to provide such forecast.
3
The Intervention Board shall copy such records to each purchaser as that purchaser reasonably may require for the purposes of his registration obligations under these Regulations and Article 3 of the Commission Regulation (which deals with the assessment and payment of levy).
Withholding or recovery of compensation
30
Where a producer has submitted an application for compensation in accordance with the Community compensation scheme and it appears to the Minister that the producer has made a false or misleading statement in his application, or has failed to comply with any of the requirements of that scheme, the Minister may withhold or recover on demand from that producer the whole or any part of the compensation payable or paid to him.
Powers of entry and inspection in relation to special quota
31
1
Where a producer has special quota registered in his name or has applied to the Minister to have special quota allocated to him, he shall permit any officer duly authorised by the Minister, accompanied by such persons acting under his instructions as appear to that officer to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon that producer’s holding in order to inspect any document, record or land (other than land used only as a dwelling) with a view to verifying —
a
the accuracy of any particulars given in an application for special quota;
b
compliance with the requirements in relation to special quota; or
c
compliance with any of the undertakings referred to in regulation 8(5).
2
A producer shall render all reasonable assistance to the authorised officer in relation to the matters mentioned in paragraph (1) above and in particular shall produce such document or record and supply such additional information relating to the allocation to him of special quota as that officer reasonably may require.
Penalties
32
1
Any person who —
a
fails without reasonable excuse to comply with a requirement imposed on him by or under these Regulations or the Community legislation, or
b
in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or, on conviction on indictment, to a fine.
2
The Minister may, following any conviction under paragraph (1)(b) against which there is no successful appeal, by notice served (within the period of 12 months following the date specified in paragraph (3)) on the person to whose quota that conviction relates reduce his quota to such extent as may reasonably be regarded by the Minister as being attributable to the falsehood on which the conviction was founded.
3
The date referred to in paragraph (2) above is —
a
in the case of a conviction against which there is no appeal, the date on which the right to appeal against that conviction expires; and
b
in the case of a conviction against which there is an unsuccessful appeal —
i
if there is no right of appeal against the result of that unsuccessful appeal, the date of that result; and
ii
if there is a right of appeal against that result but no appeal is made, the date on which that right of appeal expires.
Confiscation and restoration of quota
33
1
Within forty-five days after the end of each quota year, each purchaser shall supply to the Intervention Board a list of those producers registered with that purchaser (whether for the whole or part of the quota year) who have not made deliveries to him during that year.
2
Pursuant to Article 5 of the Council Regulation (which deals with the confiscation and restoration of quota), the Intervention Board shall notify —
a
any producer who from information available to the Intervention Board appears not to have made deliveries or direct sales or a temporary transfer of quota under regulation 15 during the previous quota year, that his quota has been taken into the national reserve;
b
any producer who is a direct seller and to whom Article 4(2) third subparagraph of the Commission Regulation (which deals with the late submission of declarations) applies, that unless that producer submits to the Intervention Board a declaration under the first sub-paragraph of Article 4(2) within 30 days of the date the notice is sent, his quota will be taken into the national reserve.
3
Any quota withdrawn pursuant to Article 5 of the Council Regulation shall be placed in the national reserve with effect from the beginning of the quota year following the quota year for which the list referred to in paragraph (1) was supplied, the quota year for which the declaration indicating no direct sales was made, or the quota year for which no declaration was submitted, as the case may be.
4
Any quota withdrawn pursuant to Article 5 of the Council Regulation may be restored to the producer in respect of the holding from which it was withdrawn within a period of six years from the beginning of the quota year in which it was withdrawn, in accordance with the provisions of this regulation.
5
A producer who receives a notification of confiscation under paragraph (2) above shall —
a
within 28 days of receipt of that notification notify any person with an interest in the holding of the content of that notification; and
b
within six months of receipt of that notification, submit a notice to the Intervention Board, in a form from time to time prescribed by the Intervention Board for that purpose, indicating whether he wishes to retain the right to request restoration of the quota, and such notice shall include —
i
a consent or sole interest notice in respect of the entirety of the holding;
ii
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 holding; or
iii
a statement apportioning the quota in accordance with an arbitration under paragraphs 1(5), 3, 4 and 6 to 35 of Schedule 2 in respect of England and Wales, paragraphs 1, 2, 3(4) and 5 to 28 of Schedule 3 in respect of Scotland, and paragraphs 1, 2, 3(5), 5, 6, and 8 to 19 in respect of Northern Ireland.
6
Where a producer has notified the Intervention Board under paragraph (5)(b) that he wishes to retain the right to restoration of quota, he may request the Intervention Board to restore to him the quota relating to that holding or part holding provided that the request is received by the Intervention Board at least six months before the end of the six-year period referred to in paragraph (4).
7
Where a producer has notified the Intervention Board that he wishes to retain the right to restoration of quota and there is a change of occupation of all or part of the holding to which the quota relates, the new occupier may request the Intervention Board to restore to him the quota relating to that holding or part holding, provided that the request is received by the Intervention Board at least six months before the end of the six-year period referred to in paragraph (4) or within six months of the change of occupation, whichever is the earlier.
8
Where quota is restored to part of a holding in respect of which an apportionment of quota has been made in accordance with paragraph (5)(b)(ii) or (iii), in accordance with a request made under paragraph (6), or following a change of occupation of part of a holding under paragraph (7), the amount of quota to be restored to that part shall be determined in accordance with —
a
the apportionment referred to in (5)(b)(ii) or (iii) and within that apportionment in proportion to the agricultural areas concerned; or
b
where no such apportionment has been carried out, in the same proportion which the agricultural area concerned bears to the total agricultural area of the holding from which quota was confiscated.
9
Where a producer —
a
fails to submit a notice in accordance with paragraph (5)(b);
b
indicates on the notice submitted under paragraph (5)(b) that he does not wish to retain the right to restoration of quota;
c
fails to request the restoration of quota in accordance with paragraphs (6) or (7);
d
having had quota restored to him in accordance with paragraph (6), fails to make deliveries or direct sales of dairy produce from the holding to which the quota relates within six-months of his application for the restoration of quota or the end of the six-year period whichever is the earlier; or
e
having had quota restored to him following a change of occupation referred to in paragraph (7), fails to make deliveries or direct sales of dairy produce from the holding within 18 months of the change of occupation or the end of the six-year period whichever is the earlier,
the relevant quota shall be taken into the national reserve.
Withdrawal of Special Quota
34
Where a producer has special quota registered in his name and it appears to the Minister that the producer has made a false or misleading statement in his application for special quota, has failed to comply with the requirements in relation to special quota, or has failed to comply with any of the undertakings referred to in regulation 8(5), the Minister may withdraw the whole or any part of the special quota.
Dairy Produce Quota Tribunals
35
1
The Dairy Produce Quota Tribunal for England and Wales, the Dairy Produce Quota Tribunal for Scotland, and the Dairy Produce Quota Tribunal for Northern Ireland constituted under regulation 6 of the 1984 Regulations shall continue in existence and, in respect of a holding situated in more than one area of a Dairy Produce Quota Tribunal, the Dairy Produce Quota Tribunal the functions of which shall relate to that holding shall continue to be the Dairy Produce Quota Tribunal chosen for the purpose by the Ministers.
2
Any reference in these Regulations to “The Tribunal” shall be treated as a reference to the appropriate Dairy Produce Quota Tribunal under paragraph (1).
3
Schedule 6 shall apply in respect of the constitution, appointment of members, remuneration of members, staffing and procedure of Dairy Produce Quota Tribunals.
Revocation and saving
36
1
Subject to paragraph (2) below, the Dairy Produce Quotas Regulations 1993 , the Dairy Produce Quotas (Amendment) Regulations 1993 , and the Dairy Produce Quotas (Amendment) Regulations 1994 , shall be revoked.
2
Notwithstanding paragraph (1) above the Dairy Produce Quotas Regulations 1993 shall apply to the calculation of levy liability in respect of the 1993 to 1994 quota year.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
9th March 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
9th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West Anglia Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on13th July 1994.
2
In this Order —
“the Authority” means the North West Anglia Health Authority;
“the Trust” means the North West Anglia Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 23rd March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th July 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th June 1994


text:
1
This Order may be cited as the Railways Act 1993 (Consequential Modifications) (No. 2) Order 1994 and shall come into force on 14th July 1994.
2
The provisions of the Schedule hereto shall have effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State
Department of Transport
22nd June 1994


text:
1
This Order may be cited as the Finance Act 1993, section 165, (Appointed Day) Order 1994.
2
The day appointed for the purposes of section 165 of the Fincance Act 1993 is 23rd March 1995.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepool Community Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 22nd December 1994.
2
In this Order —
“the Authority” means the Tees Health Authority;
“the Trust” means the Hartlepool Community Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st July 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 22nd December 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
24th November 1994


text:
1
This Order may be cited as the Scottish Development Agency Dissolution Order 1994 and shall come into force on 29th July 1994.
2
The Scottish Development Agency shall be dissolved on 30th July 1994.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
20th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hampshire Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 31st March 1994.
2
In this Order —
“the Authority” means the Winchester Health Authority;
“the Trust” means the Hampshire Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 18th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th March 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (NYNEX CableComms Bury and Rochdale ) Order 1994 and shall come into force on 7th March 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
2nd February 1994


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Land Registration (Execution of Deeds) Rules 1994 and shall come into force on 16th May 1994.
2
In these Rules “the 1925 Rules ” means the Land Registration Rules 1925 .
Amendment to rule 1 of the 1925 Rules
2
In rule 1 of the 1925 Rules the following paragraphs shall be inserted after paragraph (5H):
5I
“Unregistered company” means a body corporate to which section 718(1) of the Companies Act 1985 applies.
; and
5J
“Foreign company” means a company incorporated outside Great Britain.
.
New Form 19
3
Form 19 in the Schedule to the 1925 Rules shall be replaced by the form in the Schedule to these Rules.
Mackay of Clashfern, C.
Dated 21st April 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the CommuniCare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 12th July 1994.
2
In this Order —
“the Authority” means the East Lancashire Health Authority;
“the Trust” means the CommuniCare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Blackburn, Hyndburn and Ribble Valley Health Authority and the Trust on 28th March 1994, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 12th July 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th June 1994


text:
Citation and commencement
1
1
This Order may be cited as the Docklands Light Railway (Penalty Fares and Provision of Police Services) Order 1994.
2
Articles 1, 2, 8 and 9 shall come into force on 25th February 1994 and for all other purposes shall come into force on 3rd April 1994.
Interpretation
2
1
In this Order unless the context otherwise requires: —
“associated company” has the same meaning as in section 416 of the Income and Corporation Taxes Act 1988 ;
“authorised person” means, in relation to any purpose, a person authorised for that purpose by the Company or by the person providing the service;
“the British Transport Police Force” means the force established by a scheme under section 69 of the Transport Act 1962 ;
“the Company” means Docklands Light Railway Limited and includes any subsidiary undertaking of the Company;
“fare ticket” means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a train service to which this Order applies, or to make such journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person);
“general travel authority” means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a train service to which this Order applies (whether or not it also authorises him to travel on a service provided by a third person);
“the Group” means the Company, any holding company of the Company, the subsidiary undertakings of the Company and all associated companies of the holding company and each and every one of them as the context so admits;
“holding company” has the same meaning as in section 736 of the Companies Act 1985 ;
“paid area” means that part of a station which, under the byelaws of the Company, passengers are not permitted to enter without a fare ticket, general travel authority or platform ticket;
“penalty fare” means a penalty fare payable pursuant to article 3 of this Order;
“the penalty fare provisions” means articles 3 to 7 of this Order;
“person providing the service” means the operator of the service;
“platform ticket” means a ticket authorising a person to enter a paid area;
“the Railways Board” means the British Railways Board established under section 1 of the Transport Act 1962;
“station” means a station serving a train service to which this Order applies;
“subsidiary undertaking” has the same meaning as in section 258 of the Companies Act 1985 ;
“third person” means a person other than the Company;
“train” means any vehicle providing a train service; and
“train service” means a service for the carriage of passengers by railway and includes a service for the carriage of passengers by road where a service by railway has been temporarily interrupted or suspended.
2
References to a train service are, unless the context otherwise requires, references to a train service provided by or on behalf of the Company or any part of such a service.
3
a
Subject to sub-paragraph (b) below, a person is travelling on a train service to which this Order applies at any time when he is on a train forming part of that service or is in a paid area.
b
A person at a station is not to be taken as travelling by reason only of being in a paid area or boarding a train at that station if he has entered that area or boards that train otherwise than for the purpose of making a journey and produces, if required to do so by an authorised person, a valid platform ticket.
4
Any reference in this Order to a person producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other fare ticket or general travel authority produced by that person at the same time, is valid for the journey he has made.
5
a
For the purposes of paragraph (4) above —
i
a person who has entered a paid area otherwise than by transferring from a train service provided by a third person but has not boarded a train shall be taken to have made a journey for which the minimum fare is payable; and
ii
a person who is on a train shall be taken to have made a journey ending at the next station at which the train is scheduled to stop.
b
In sub-paragraph (a) above, “minimum fare” means the minimum fare for which a journey from the station in question could validly be made by the person in question.
6
For the purposes of this Order a person is to be taken as transferring from a service provided by a third person to a service to which this Order applies only if, having travelled on a train forming part of the former service, he —
a
goes from that train into a paid area and finishes his journey at the station of which that area forms part; or
b
goes from that train into a paid area and from that area boards a train forming part of a service to which this Order applies;
and for the purposes of sub-paragraph (b) above, in a case where the transfer takes place at a station controlled by a third person, “paid area”means such area at that station as corresponds with a paid area within the meaning of this Order.
Liability for penalty fare
3
1
Subject to paragraph (2) below, if a person travelling on a train service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.
2
a
A person (other than one falling within sub-paragraph (b) below) shall not be liable to pay a penalty fare under this article if at the time when and the station where he started to travel on the train service there were no facilities available for the sale of the necessary fare ticket for his journey.
b
A person who started to travel on a train service by transferring to that service from a train service provided by a third person shall not be liable to pay a penalty fare under this article if —
i
on being required to produce a fare ticket or general travel authority he produces a valid deferred fare authority issued by that third person; or
ii
neither at the time when and thee station where he started to travel on the train service provided by that third person nor at the station where the passenger transferred to the train service provided by the Company there were facilities for either the sale of the necessary fare ticket for his journey or the issue of deferred fare authorities.
c
Without prejudice to sub-paragraph (a) or (b) above, a person shall not be liable to pay a penalty fare under this article if at the time when and the station where his journey began —
i
there was displayed a notice (however expressed) indicating that it was permissible for passengers beginning a journey at that station at that time to do so without having a fare ticket or a general travel authority or (in the case of a station controlled by a third person) a deferred fare authority; or
ii
a person in the uniform of the person controlling that station or, if different, a person in the uniform of an employee of the Company, gave permission to the same effect.
3
Paragraphs (4) and (5) below have effect with respect to the burden of proof in any action for the recovery of a penalty fare under this article, so far as concerns the question whether the facts of the case fall within sub-paragraph (a), (b)(ii) or (c) of paragraph (2) above.
4
In any case where the defendant has provided the plaintiff with a relevant statement in due time it shall be for the plaintiff to show that the facts of the case do not fall within sub-paragraph (a), (b)(ii) or (c) of paragraph (2) above and in any other case it shall be for the defendant to show that the facts of the case fall within any of those provisions.
5
For the purposes of paragraph (4) above —
a
a relevant statement is a statement giving an explanation of the defendant’s failure to produce a fare ticket, general travel authority or (where relevant) deferred fare authority, together with any information as to his journey relevant to that explanation (including, in every case, an indication of the time when and the station where he started to travel on the train service and also, if he started so to travel when he transferred from a train service provided by a third person, the time when and the station where he started to travel on that service); and
b
a statement is provided in due time if it is provided when the defendant is required to produce a fare ticket, general travel authority or deferred fare authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.
6
In this article, “deferred fare authority” means a ticket or other document described as such on its face; and a deferred fare authority is valid for the purposes of sub-paragraph (b) of paragraph (2) above if it authorises a person in possession of it to start a journey at the time when and the station where the person producing it started his journey.
Amount of penalty fare
4
1
A penalty fare in respect of any train journey provided by the Company shall be £5 and shall be payable to the person providing the service on which the requirement to pay the penalty fare is made before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.
2
The Company may from time to time, vary the level of the penalty fare provided that —
a
the consent of the Secretary of State is obtained in writing to such variation; and
b
notices stating the new level of penalty fare are placed in prominent positions in all stations operated by the Company for at least 28 days before such new penalty fare shall become effective.
Document to be issued in connection with penalty fare requirement
5
1
An authorised person who requires a person (referred to below as “the passenger”) to pay a penalty fare shall give him either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.
2
A receipt or notice given under paragraph (1) above shall specify the passenger’s destination on the train service on which he is travelling when required to pay the penalty fare, and shall operate as an authority to him to complete that part of his journey which takes place on a train service to which this Order applies.
3
For the purposes of paragraph (2) above, the passenger’s destination shall (unless he is at that destination or only one destination is possible in the circumstances) be taken to be the destination stated by the passenger or, in default of any statement by him for that purpose, such destination as may be specified by the authorised person.
Supplementary provisions with respect to penalty fares
6
1
A person who is required to pay a penalty fare shall, unless he pays immediately and either in cash, or, if an authorised person consents, by cheque or credit card, the amount of the penalty fare to that authorised person requiring such payment, give to that authorised person, if that person requires him to do so, his name and address; and any person failing to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
The Company shall comply with the requirements of paragraph (3) below with respect to warning notices in the case of a train service provided by it in relation to travel on which the penalty fare provisions have effect.
3
In the case of a train service provided by the Company, a warning notice meeting the requirements of paragraphs (4) and (5) below shall be posted —
a
at every station at which persons may start to travel on that service, in such a position as to be readily visible to prospective passengers; and
b
in every vehicle comprised in every train used in providing that service including, in the case of a double-deck vehicle, on each deck of that vehicle, in such a position as to be readily visible to passengers travelling on the vehicle.
4
A warning notice posted pursuant to paragraph (3) above shall (however expressed) indicate the circumstances (as provided in paragraph (1) of article 3 of this Order) in which persons travelling on the train service in question may be liable to pay a penalty fare.
5
Every warning notice posted in pursuance of this article shall state the amount of the relevant penalty fare.
6
Where an authorised person requires any person to do anything pursuant to any provision of this Order he shall, if so requested by the person concerned, produce to that person a duly authenticated document showing his authority; and a requirement by an authorised person shall be of no effect if, as respects that requirement, he fails to comply with this paragraph.
Exclusion of double liability
7
1
Where a person has been liable under article 3 of this Order to pay a penalty fare in respect of any train journey (referred to below as “the relevant journey”), no proceedings may be brought against him for any of the offences specified in paragraph (2) below before the end of the period mentioned in paragraph (1) of article 4 of this Order; and no such proceedings may be brought after the end of that period if —
a
he has paid the penalty fare to the person providing the service on which the requirement to pay that fare was made before the end of that period; or
b
an action has been brought against him for the recovery of that fare.
2
The offences mentioned in paragraph (1) above are —
a
any offence under section 5(3)(a) or (b) of the Regulation of Railways Act 1889 (travelling without paying the correct fare with intent to avoid payment) arising from the relevant journey; and
b
any offence under byelaws made under section 67 of the Transport Act 1962 (byelaws for railways, etc. ) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey.
3
If proceedings are brought against any such person for any such offence, he shall cease to be liable to pay the penalty fare and, if he pays it, the person to whom it is paid shall be liable to repay to him the amount of that fare.
Advance warning
8
For at least 28 days prior to the date on which the penalty fare provisions come into force, the Company shall place notices in a prominent place at all stations operated by the Company, stating that a penalty fare scheme will be implemented, the date upon which that scheme will take effect and the level of penalty fare.
Policing of Docklands Light Railway
9
1
The Railways Board may make an agreement with the Company for making available to the Company or to any part of the Group for such a period, to such extent and on such terms as may be specified in the agreement, the services of the British Transport Police Force.
2
Where such an agreement has been made, members of the British Transport Police Force may act in accordance with the terms of the agreement as constables in, on and in the vicinity of any premises of the Company which are occupied in connection with the provision of train services by the Company or, as the case may be, a member of the Group, including a train, notwithstanding the provisions of section 53(1) (as to appointment of constables) of the British Transport Commission Act 1949 .
Repeals
10
The following enactments are repealed to the extent specified below: —
The London Docklands Railway Act 1984 — section 24;
The London Docklands Railway Act 1985 — section 22;
The London Docklands Railway (City Extension) Act 1986 — section 26;
The London Regional Transport Act 1989 — section 15;
The London Docklands Railway (Beckton) Act 1989 — section 27;
The London Docklands Railway Act 1991 — section 16;
The London Docklands Railway (Lewisham) Act 1993 — section 34.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
14th February 1994


text:
1
The City Council of Sheffield (Broughton Lane Bridge) Scheme 1993 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY and at offices of the City Solicitor and Head of Administration, City Council of Sheffield, Town Hall, Sheffield, S1 2HH.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the City Council of Sheffield (Broughton Lane Bridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government for the North East
15th September 1994


text:
1
This Order may be cited as the Railway Heritage Scheme Order 1994 and shall come into force on 1st September 1994.
2
The scheme set out in the Schedule to this Order shall have effect.
3
2nd September 1994 is appointed as the date as from which section 144 of the Transport Act 1968 (transfer and disposal of historical records and relics) shall cease to have effect in relation to transfers or other disposals by the Board of any such historical records or relics, or other documents or objects, as are mentioned in that section.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under–Secretary of State,
Department of Transport
1st August 1994


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole and Nephrops (Prohibition of Fishing) Order 1994 and shall come into force on 20th December 1994.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits ,
for:
sole (Solea solea) in sea area ICES Division VIId, or
nephrops (Nephrops norvegicus) in sea area ICES Sub-Area VII ,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1995.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
12th December 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
13th December 1994
Signed by authority of the Secretary of State for Wales
Roderick Richards
Parliamentary Under Secretary of State, Welsh Office
18th December 1994
John Wheeler
Minister of State, Northern Ireland Office
13th December 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing (Right to Buy Delay Procedure) (Prescribed Forms) (Welsh Forms) Regulations 1994 and shall come into force on 12th December 1994.
2
In these Regulations “the principal Regulations ” means the Housing (Right to Buy Delay Procedure) (Prescribed Forms) Regulations 1989 .
2
The forms set out in the Schedule to these Regulations are hereby prescribed as versions in Welsh which may be used instead of the corresponding forms in the Schedule to the principal Regulations for the purposes set out in regulation 2 of the principal Regulations.
3
Forms substantially to the like effect to the forms set out in the Schedule to these Regulations may be used.