text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas Regulations 1997 and shall come into force on 1st April 1997.
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;
“authorised officer” means any person who is authorised by the Intervention Board , in writing, either generally or specifically, to act in matters arising under these Regulations or the Community legislation ;
“the 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 last amended by Commission Regulation (EEC) No. 470/94 and as corrected by the first corrigendum at OJ No. L273, 16.11.95, p. 54;
“the 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 ;
“the Community legislation” means the Commission Regulation, the Council Regulation , Council Regulation 2055/93 and 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;
“the Council Regulation” means Council Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sector, as last amended by Commission Regulations ( EC ) No. 1109/96 ;
“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 34;
“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” means a sale which comes within 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 person who produces milk and treats or processes that milk into milk or milk products on his holding and subsequently sells or transfers free of charge that milk or those milk products without their having been treated or processed by an undertaking which treats or processes milk or milk products;
“eligible heifer” means any heifer, which, at the date of service of a notice referred to in regulation 14(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 the coming into force of an order referred to in regulation 14(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 mortgage 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 and these Regulations to the Intervention Board and 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 12, constituted so as to comply with 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, and during the currency of an interest referred to in regulation 7(5)(a), the person entitled to grant occupation when that interest terminates, and “occupation” shall be construed accordingly;
“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 under regulation 9 which will take place if there is a change of occupation of a part of the holding to which the prospective apportionment relates (other than a change to which regulation 7(5) applies) within six months of that prospective apportionment;
“purchaser” means a purchaser as defined in Article 9(e) of the Council Regulation and approved by the Intervention Board pursuant to Article 7(1)(a) of the Commission 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 14(2)(b)(i) has effect or during which the order referred to in regulation 14(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 24(2)(a);
“the 1984 Regulations ” means the Dairy Produce Quotas Regulations 1984 ;
“replacement number” means the nearest integer to 20 per cent of the total number of dairy cows on the land subject to the notice referred to in regulation 14(2)(b)(i), or designated by the order referred to in regulation 14(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 20 per cent of the total number is half way between two integers the nearest even integer shall be deemed to be the nearest integer;
“Scottish Islands area” means any one of —
the islands of Shetland;
the islands of Orkney; or
the islands of Islay, Jura, Gigha, Arran, Bute, Great Cumbrae and Little Cumbrae and the Kintyre peninsula south of Tarbert;
“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;
“submit” means, in relation to a document submitted to the Intervention Board, the act of sending that document as evidenced by proof of posting or delivery to a courier service;
“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 quantity 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 that 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), and “used quota” shall be construed accordingly;
“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 sub-paragraph shall be construed as a reference to the sub-paragraph 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 sub-paragraph 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 16, 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 13) or such a conversion of quota shall submit to the Intervention Board —
a
no later than 28th April in the quota year following the end of the quota year in which such a 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 sub-paragraph (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 reasonably be required 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 18 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 sub-paragraph (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 sub-paragraph 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 sub-paragraph (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;
and corresponding reductions of the purchaser quota of the original purchaser shall be made and where there are adjustments of quota of a producer registered with more than one purchaser, similar adjustments of purchaser quota shall be made.
5
Where the amount of wholesale quota available to a producer changes as a result of a transfer of quota under regulation 7, 11 or 13, or as a result of a conversion of quota under regulation 16, that producer shall notify each 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 with a holding when the holding is sold, leased, transferred by inheritance or subjected to other cases of transfer involving comparable legal effects for producers), on a transfer of any holding or part of a holding, other than a transfer of a kind to which paragraph (5) 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 7 working days after the end of the quota year in which the transfer takes place, a notice of transfer in such a form as may reasonably be required by the Intervention Board may reasonably require.
b
such other information relating to the transfer, and within such time, as the Intervention Board; and
2
The notice referred to in paragraph (1)(a) shall, in the case of a transfer of part of a holding, 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 or to the effect that no such apportionment has been agreed; and
b
where such an apportionment has been agreed, a consent or sole interest notice, provided by the transferor in respect of the entirety of the holding.
3
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 8; 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 and notify the Intervention Board of the agreement in such a form as the Intervention Board may reasonably require, no later than 28 days after the change of occupation, and in any event no later than 7 working days after the end of the quota year in which the transfer takes place.
4
A prospective apportionment of quota in respect of a part of a holding may be made in accordance with regulation 9.
5
No person shall transfer quota on a transfer of any holding or part of a holding in the following cases —
a
the grant of:
i
a licence to occupy land;
ii
the 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
the 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
the 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 sub-paragraph (a) applies.
6
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 transfer shall not be treated as a part of the 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 where appropriate for reallocation by the Intervention Board in that quota year in accordance with paragraph 7 of Schedule 5;
b
the notice shall be disregarded by the Intervention Board for the quota year to which it applies and shall not be noted on any register maintained under regulation 24 until the following quota year; and
c
a 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.
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.
Apportionment of quota
8
Subject to regulations 7(5) and (7), 9(4) and (5) and 10, where there is a transfer of part of a holding, 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); or
b
where there is no such agreement —
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
9
1
The occupier of a holding who intends that a prospective apportionment of quota will be applied to it shall submit to the Intervention Board an application in such a form as may reasonably be required 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 and with Schedule 4 in Northern Ireland, or in Scotland in accordance with Schedule 3.
2
A request for a prospective 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 in writing of the revocation of such a request, 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 (other than a change to which regulation 7(5) applies) and within the six months preceding that change of occupation —
a
the occupier of that holding has requested a prospective apportionment of quota in respect of that part of the holding and has submitted a notice in accordance with regulation 7(1), indicating that an apportionment of quota has been agreed; or
b
a prospective apportionment of quota relating to that part of that holding has been or is in the process of being made by virtue of Schedule 2, 3 or 4,
the apportionment of quota shall be carried out in accordance with paragraph (5).
5
Where quota is apportioned in accordance with this paragraph, the apportionment shall be carried out in accordance with —
a
any prospective apportionment of quota relating to that part of that holding made under paragraph (1) unless the request for that prospective apportionment was revoked before the change of occupation to which it relates takes place;
b
if no such prospective apportionment has been made, any prospective apportionment which is in the process of being made under paragraph (1); and
c
in any other case, regulation 8.
Notification by the Intervention Board of apportionment of quota by arbitration
10
1
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 or 9(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 in a case where no notice or application has yet been submitted for the purposes of the aforementioned regulations,
it may give notice of this fact to the person who submitted the form, or in a case where no such notice or application was made, to the transferee.
2
In any case to which paragraph (1) applies 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
11
1
For the purposes of the fifth indent of the first paragraph 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 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 end of the quota year in which that transfer takes place and that application shall be in such form as may be reasonably required 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 other than by a transfer in respect of which, pursuant to paragraph (7), he has been released from the undertaking referred to in sub-paragraph (d)(i) 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 under regulations 7, 11 or 13 in the period between the date of submission of the application and the end of the quota year following the quota year in which the transfer without land takes place; and
iii
will not, through his connection with or involvement in another business, seek to circumvent the restrictions at paragraphs (i) and (ii) above; and
d
an undertaking by the transferee that he —
i
will not transfer quota from his holding under regulation 7, 11 or 13 in the period between the date of submission of the application and the end of the quota year following the quota year in which the transfer without land takes place;
ii
will not, through his connection with or involvement in another business, seek to circumvent the restriction at paragraph (i) above.
3
The reference to the transfer of quota in sub-paragraphs (c)(ii) and (d)(i) of paragraph (2) shall include temporary transfer under regulation 13 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 reasonably 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 such form as the Intervention Board may reasonably require, 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, and the statement required by paragraph (5) has been submitted in accordance with that paragraph, the Intervention Board may release a transferee from the undertaking referred to in paragraph (2)(d)(i), 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 sub-paragraph (e), 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;
g
where the transferee is a tenant, the serving of an incontestable notice to quit under the provisions of section 26 of and Schedule 3 to the Agricultural Holdings Act 1986 dealing with the serving of incontestable notices to quit where the tenant is not at fault; and
h
in the quota year commencing 1st April 1997, the slaughter of animals forming part of the dairy herd pursuant to the powers conferred upon the Minister under section 32(1)(b) of the Animal Health Act 1981, as animals having been exposed to the infection of bovine spongiform encephalopathy.
9
As provided for in the fourth indent of the first paragraph of Article 8 of the Council Regulation (which provides for the determination of regions within which such transfers may be authorised), no applications for a transfer of quota may be submitted pursuant to paragraph (1) 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.
National reserve
12
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 under these Regulations.
2
The Minister may make allocations from the national reserve in accordance with the Community legislation and these Regulations.
Temporary transfer of quota
13
1
For the purposes of Article 6 of the Council Regulation (which deals with the temporary transfer of quota), and subject to paragraph (5) below, 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 which is registered under regulation 24 as permanently held by him for a period of one quota year to that other producer.
2
The Intervention Board may require a reasonable charge to be paid for the registration of any temporary transfer of a quota, but only if the transfer takes place within a quota year in respect of which it has announced before the beginning of that quota year that it intends to make such a charge, in such a manner as it considered likely to come to the attention of producers.
3
Where there is an agreement to make a temporary transfer of quota under paragraph (1), the transferee shall notify the Intervention Board of the agreement in such form as may reasonably be required by the Intervention Board, and shall submit the notice, accompanied by any charge payable under paragraph (2), to the Intervention Board no later than 31st 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 a reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
5
Until 31st December 1997, where a producer who holds special quota received under Council Regulation 2055/93, temporarily transfers of any quota held by him, the special quota shall be taken into the national reserve for the duration of the quota year in which such temporary transfer takes place.
Temporary reallocation of quota
14
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) a temporary reallocation of an amount of any surplus 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 paragraphs (4) and (5), a producer referred to in paragraph (2)(b) may be awarded a temporary reallocation of surplus 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 16 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) continues in effect or the order referred to in paragraph (2)(b)(ii) remains in force for a period 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 that period or (if the period extends beyond that following quota year) during 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 unused quota under regulation 7 or 11, makes a temporary transfer of quota under regulation 13, 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) refers, or (as the case may be) before the coming into force of the order to which paragraph (2)(b)(ii) refers.
6
A producer referred to in paragraph (2)(a) above may be awarded a temporary reallocation of surplus 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 awarding a temporary reallocation of surplus 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
15
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
16
1
For the purposes of 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 sub-paragraph 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 such a form as the Intervention Board may reasonably require for that purpose 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 submitted by the producer to the Intervention Board by —
a
31st December in any year in the case of permanent conversion of quota; or
b
14th May 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
Subject to paragraph (5), where a producer has permanently converted quota in any quota year, he shall not subsequently in that quota year transfer out quota, of the type to which he has converted, whether temporarily or otherwise.
5
In the quota year commencing 1st April 1997, where the Minister in accordance with section 32(1)(b) of the Animal health Act 1981 has caused animals forming part of a producer’s dairy herd, to be slaughtered as having been exposed to the infection of bovine spongiform encephalopathy, paragraph (4) above shall not apply to that producer.
Representative fat content of milk
17
A producer who in any quota year comes within the first indent of Article 2(1)(e) of the Commission Regulation (which deals with the representative fat content of milk from certain new producers) may benefit from the negative correction provided for in the second indent of Article 2(2) thereof only if, before 1st March in that quota year, he confirms 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 undertakes to maintain such breeds in his dairy herd for the remainder of that quota year.
Reallocation of quota and calculation of levy liability
18
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
19
1
Subject to paragraph (2), where in any quota year a producer makes sales or deliveries of milk or milk products from milk produced by any cows and subsequently in the same quota year 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 for the purposes of these Regulations to have made those sales or deliveries in the capacity of agent for the first producer.
2
Paragraph (1) 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
20
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 sub-paragraph of Article 2(2) of the Council Regulation (which deals with deduction of levy liability), where a producer making wholesale deliveries to a purchaser exceeds his wholesale quota, following adjustment of that quota where appropriate and 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
21
The Intervention Board shall be the competent body for the purposes of Article 2(3) of the Council Regulation (which deals with payment of levy by direct sellers), and the competent authority 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).
Annual statements
22
1
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 by 14th May in any year any declaration which he is required to forward 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 by 14th May in any year any summary which he is required to forward by Article 3(2) of the Commission Regulation,
recover a reasonable charge in respect of any visit to any premises which the Intervention Board has reasonably considered that it should make in order to obtain the declaration or summary in question.
Disapplication of enactments
23
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
24
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 trading 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 paragraph (v) below; and
v
quota issued to him 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 sub-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 trading 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 sub-paragraph (v);
v
quota issued to him as special quota; and
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 representative fat content 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 paragraph (vi) above 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 sub-paragraph (a)).
3
The Intervention Board shall —
a
prepare a purchaser notice in respect of each purchaser 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 may make such enquiries as it reasonably considers to be necessary for the purposes of ensuring the accuracy of the registers which it is required to maintain pursuant to this regulation and shall amend such registers —
a
to record any allocations or adjustments made under or by virtue of these Regulations, or
b
to make any correction or amendment which it reasonably considers to be necessary,
and where it makes a correction or amendment, it shall notify any person affected by that correction or amendment.
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
25
The Intervention Board may, in response to a request in writing regarding a quota register entry referred to in regulation 24(1) or (2) —
a
by any person who is the direct seller or producer identified in that entry, or who gives the Intervention Board a statement in writing that he has an interest in the holding of the producer or direct seller identified in that entry; or
b
by a purchaser in relation to a specific purchaser in the register referred to in regulation 24(3)(b),
on payment of a reasonable charge, supply to such a person a copy of that quota register entry.
Obligations of direct sellers and purchasers with respect to registration and deliveries
26
1
Each direct seller shall register his quota with the Intervention Board.
2
Each producer (as defined in regulation 24(6)) 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 and, if making deliveries, shall deliver to 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 24(2)(a)(vi) —
a
a register as indicated in regulation 24(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)(a) 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
give an undertaking to the Intervention Board to abide by the provisions of these Regulations and the Community legislation and comply with that undertaking;
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 sub-paragraph (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
27
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
28
1
Each purchaser or producer shall provide such information to the Intervention Board as the Intervention Board may reasonably 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
29
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 authorised officers
30
1
An authorised officer may, at all reasonable hours and on producing some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of ascertaining whether an offence under regulation 31(1)(a), (b) or (c) has been or is being committed.
2
For the purposes of this regulation, an authorised officer may enter upon a holding.
3
An authorised officer who has entered upon a holding by virtue of this regulation may —
a
inspect any land (other than land used only as a dwelling) and any record or document, including any document kept by means of a computer, which relates to the allocation or transfer of quota or the trade in, or production of milk or milk products;
b
seize and retain any such record or document which he has reason to believe may be required as evidence in proceedings under regulation 31(1)(a), (b) or (c).
4
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 any such record or document and supply such additional information relating to the allocation to him of quota, the transfer to or from him of quota and the trade in or production of milk or milk products, as the authorised officer may reasonably require.
5
In the case of a record or document kept by means of a computer a producer shall, if so required, provide any such record or document in a form in which it may be taken away.
Penalties
31
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; or
c
disposes of quota which he knows or might reasonably be expected to know is incorrectly registered in his name,
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 withdraw 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.
4
If any person —
a
intentionally obstructs an authorised officer acting in the exercise of the powers conferred to him by regulation 30(4) or (5); or
b
fails without reasonable excuse to comply with a requirement of an authorised officer pursuant to regulation 30(4) or (5),
he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
In this regulation “requirement” does not include a requirement imposed on an authority or a person acting as arbitrator or arbiter, nor does it include any restriction or obligation in or under regulation 7(5) or (7), 9(1), 11(9), 13(2) or (4) or 16(2).
Confiscation and restoration of quota
32
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 13 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 the third sub-paragraph of Article 4(2) 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 thereof within 30 days of the notification, his quota will be confiscated to 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 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 notification to the Intervention Board, in such form as may reasonably be required by the Intervention Board for that purpose, whether he wishes to retain the right to request restoration of the quota and such a notification shall include —
i
a statement that he is the occupier of the entirety of the holding and that no other person has an interest in all or any of it;
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 requesting apportionment of 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 of Schedule 4 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 submitted to the Intervention Board by 15th July in the quota year following the quota year to which the request relates.
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 or under 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 paragraph (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 withdrawn.
9
Where a producer —
a
fails to submit a notification in accordance with paragraph (5)(b);
b
indicates on the notification 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 paragraph (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 after 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 eighteen 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
33
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 or has failed to comply with the requirements in relation to special quota, the Minister may withdraw the whole or any part of the special quota.
Dairy Produce Quota Tribunals
34
1
For the purpose of completing the discharge of any functions exercisable by it under the Regulations revoked by these Regulations, 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
Schedule 6 shall apply in respect of the constitution, appointment of members, remuneration of members, staffing and procedure of Dairy Produce Quota Tribunals.
Revocation
35
The Dairy Produce Quotas Regulations 1994 , the Dairy Produce Quotas (Amendment) Regulations 1994 , the Dairy Produce Quotas (Amendment) (No. 2) Regulations 1994 , the Dairy Produce Quotas (Amendment) Regulations 1995 , the Dairy Produce Quotas (Amendment) Regulations 1996 and the Dairy Produce Quotas (Amendment) Regulations 1997 shall be revoked.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
10th March 1997
Lindsay
Parliamentary Under Secretary of State, Scottish Office
11th March 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pilot Schemes: Financial Assistance for Preparatory Work) Regulations 1997 and shall come into force on 15th August 1997.
2
In these Regulations, “ the Act ” means the National Health Service (Primary Care) Act 1997.
Provision of financial assistance
2
1
An authority may make payments of financial assistance for preparatory work within the meaning of section 18(2)(a) of the Act (funding of preparatory work) in connection with a pilot scheme under which personal medical services are to be provided.
2
Such payments may be made only following receipt by the authority of a written application from one or more of the following —
a
an NHS trust;
b
a suitably experienced medical practitioner;
c
an NHS employee,
and shall be made to the applicant.
3
An application for financial assistance shall specify —
a
the purposes for which the applicant intends to use the payment of financial assistance for which he has applied; and
b
subject to paragraph (4), the date by which the applicant intends the authority to submit the proposal; in question to the Secretary of State.
4
Where the Secretary of State has in directions to the authority specified the date (or a number of dates) by which proposals are to be submitted to him, and the authority receives an application which for the purposes of paragraph (3)(b) specifies a different date, the authority must —
a
notify the applicant of all dates specified in the directions which have not yet passed; and
b
invite the applicant to amend the application so as to specify one of those dates for the purposes of paragraph (3)(b) (being a date which has not yet passed at the time of the amendment);
and until the application is so amended it shall be treated as not having been made.
Conditions
3
1
An authority which makes a payment of financial assistance to any person under these Regulations shall, on making that payment, require him —
a
to use the payment only for the preparatory work specified in his application and, to the extent that it is unused on the relevant date, to return it to the authority; and
b
before the end of the period of four months beginning with the relevant date, to provide such information in writing to the authority about the uses to which the payment has been put as the authority may reasonably require;
and a person receiving such a payment shall comply with any conditions which the authority may impose in writing in connection with those requirements.
2
A person to whom a payment of financial assistance is made who fails to comply with any of the conditions imposed by the authority shall, on demand by the authority, repay the amount of the payment to the authority forthwith.
3
For the purposes of this regulation “relevant date” means —
a
the date referred to in regulation 2(3)(b); or
b
if earlier, the date on which an authority submits to the Secretary of State proposals in respect of which payments have been made under these Regulations.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
25th July 1997


text:
1
This Order may be cited as the A40 Trunk Road (Western Avenue, Ealing) (Prescribed Routes) Order 1997 and shall come into force on 31st March 1997.
2
In this Order —
“Concord Road” means a road known by that name in the London Borough of Ealing; and
“Western Avenue” means that length of the A40 Trunk Road known by that name in the London Borough of Ealing.
3
No person shall cause or permit any vehicle proceeding in the westbound main carriageway of Western Avenue to turn left into Concord Road.
Signed by authority of the Secretary of State for Transport
A R Mellors
Assistant Director Highways Agency London Network Management Division
21st March 1997


text:
1
This Order may be cited as the Hong Kong (Colonial Probates Act) Order 1997 and shall come into force on 1st July 1997.
2
There shall be inserted after section 1 of the Colonial Probates Act 1892 (application of Act by Order in Council) the following provision:
1A
This Act shall apply in relation to the Hong Kong Special Administrative Region of the People’s Republic of China as it applied, immediately before 1st July 1997, to Hong Kong; and the Colonial Probates Act Application Order 1965 shall, in relation to that Region, continue in force accordingly.
3
This Order extends to Northern Ireland.
N. H. Nicholls
Clerk of the Privy Council


text:
PART I
Citation and commencement
1
These Rules may be cited as the Land Registration (Matrimonial Home Rights) Rules 1997 and shall come into force on 1st October 1997.
Interpretation
2
1
In these Rules, unless the context otherwise requires:
“the 1967 Act ” means the Matrimonial Homes Act 1967 ;
“the 1983 Act ” means the Matrimonial Homes Act 1983 ;
“the 1996 Act ” means the Family Law Act 1996;
“credit account” means an account authorised by the registrar under article 18 of the Land Registration Fees ( No. 2) Order 1997 ;
“matrimonial home rights caution” means a caution registered in pursuance of section 2(7) of the 1967 Act before 14th February 1983;
“matrimonial home rights notice” means a notice registered in pursuance of section 31(10)(a) or section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the 1996 Act, or section 2(8) or section 5(3)(b) of the 1983 Act, or section 2(7) or section 5(3)(b) of the 1967 Act;
“section 33(5) order” means an order made under section 33(5) of the 1996 Act, or under section 1 of the 1983 Act by virtue of section 2(4) of that Act.
2
In rules 3 and 4 “Registry” shall include any premises where documents are stored on behalf of the registrar.
3
In these Rules a form referred to by number means the form so numbered in Schedule 1.
4
Expressions in these Rules have, unless the contrary intention appears, the meaning which they bear in the Land Registration Rules 1925 .
PART II
APPLICATIONS TO REGISTER OR RENEW A REGISTRATION OF A MATRI MONIAL HOME RIGHTS NOTICE OR CAUTION; WARNING OFF OF MATRIMONIAL HOME RIGHTS CAUTIONS
Application to register a notice
3
1
An application in pursuance of section 31(10)(a) or section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the 1996 Act to register a notice shall be made by delivering in documentary form at the proper office an application on Form MH1.
2
If the application is made under section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the 1996 Act the application shall be accompanied by an official copy of the section 33(5) order for filing in the Registry.
Application to renew the registration of a matrimonial home rights notice or caution
4
1
An application to renew the registration of a matrimonial home rights notice or a matrimonial home rights caution under section 32 of, and paragraph 4(3)(a) of Schedule 4 to, the 1996 Act shall be made by delivering in documentary form at the proper office an application on Form MH2 and shall be accompanied by an official copy of the section 33(5) order for filing in the Registry.
2
If the registrar is satisfied that the application is in order he shall renew the registration by entering on the register a further notice or caution, as the case may require.
Warning off of matrimonial home rights cautions
5
The registrar shall not be required, on the application of the proprietor of the land to which a matrimonial home rights caution relates, to serve the notice referred to in rule 218 of the Land Registration Rules 1925 except upon production of:
a
a release in writing of the matrimonial home rights protected by the caution; or
b
a statutory declaration that, as to the whole or any part of the land to which the caution relates, no charge under section 31 of the 1996 Act, section 2 of the 1983 Act or section 2 of the 1967 Act has ever arisen or, if such a charge has arisen, it is no longer subsisting.
PART III
OFFICIAL SEARCHES BY MORTGAGEES; REQUESTS FOR INFORMATION; NOTICE OF PROVISION OF ADDITIONAL ARRANGEMENTS
Application for official search by a mortgagee
6
1
A mortgagee of registered land which consists of or includes all or part of a dwelling-house may apply for an official certificate of the result of a search of the relevant register for the purpose of section 56(3) of the 1996 Act.
2
An application under paragraph (1) shall be made:
a
by delivering in documentary form at the proper office an application on Form MH3; or
b
during the currency of any relevant notice given pursuant to rule 9, and subject to and in accordance with the limitations contained in that notice, by delivering the application to the registrar, by any means of communication other than that referred to in sub-paragraph (a) and;
i
where the application is made by facsimile transmission the applicant shall provide Form MH3;
ii
in any other case the applicant shall provide, in such order as may be required by the registrar, such of the particulars as are appropriate and are required for an application in Form MH3.
3
Where the application is made under paragraph (2)(a), Form MH3, unless the registrar otherwise allows, shall be delivered in duplicate.
Issue of official certificate of result of search
7
1
An official certificate giving the result of the search shall be issued in one, or more than one, of the following ways:
a
in documentary form as set out under the heading “Official Certificate of Result of Search” in Form MH3;
b
in other documentary form;
c
during the currency of any relevant notice given pursuant to rule 9, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraphs (a) and (b).
2
Subject to paragraphs (3) and (4), an official certificate of result of search issued under paragraph (1) shall include the information specified in Schedule 2.
3
Where the official certificate of result of search is issued under paragraph (1)(a) or (b), as part of, or together with, the applicant’s Form MH3 or a copy of that form, it need not include any of the information specified in Schedule 2 which appears on that form.
4
Where an official certificate of result of search is issued under paragraph (1)(c) and another official certificate of result of search is to be, or has been, issued under paragraph (1)(a) or (b) in respect of the same application, it need only include the information specified at E of Schedule 2.
Information requested by applicant making an application under rule 6
8
During the currency of any relevant notice given pursuant to rule 9, and subject to and in accordance with the limitations contained in that notice, and if so requested by an applicant who is making an application under rule 6, the registrar may, before the official search has been completed in respect of such application, inform the applicant, by any means of communication, whether a matrimonial home rights notice or matrimonial home rights caution has been entered in the register of the relevant title.
Notice for the provision of additional arrangements for an official search under rule 6, an official certificate of result of search under rule 7 or information under rule 8
9
1
If the registrar is satisfied that adequate arrangements have been or will be made for dealing with the applications under rule 6(2)(b) or results of search issued under rule 7(1)(c) or requests for information under rule 8 in accordance with this rule, he may, in such manner as he considers appropriate for persons who may wish to make applications under rule 6, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or classes of case so covered by limiting them:
a
to applications made by a person maintaining a credit account;
b
to applications which relate to land within specified counties, districts, London boroughs or other administrative areas;
c
to applications made between specified hours and on specified days (which need not be those between or on which the Registry is open to the public).
2
Subject to paragraphs (3) and (4), a notice given pursuant to paragraph (1) shall be current from the time specified in that behalf in the notice either:
a
until the time, if any, specified in that behalf in the notice; or
b
if no time of ceasing to be current is specified in the notice, indefinitely.
3
A notice given pursuant to paragraph (1) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
4
If and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications for or results of search or requests for information covered by a notice given under paragraph (1) such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current notwithstanding the absence of a variation, suspension or withdrawal thereof under paragraph (3).
5
Notwithstanding the provisions of rules 6(2)(b), 7(1)(c) and 8 the registrar may in his discretion refuse to accept an application made, or to issue a result, or to provide information under any of those provisions in any individual case.
PART I
AMENDMENT AND REVOCATION
Amendment to rule 14 of the Land Registration (Open Register) Rules 1991
10
In rule 14 of the Land Registration (Open Register) Rules 1991 the words “and no application may be so made under the Land Registration (Matrimonial Homes) Rules 1990” shall be omitted.
Revocation
11
The Land Registration (Matrimonial Homes) Rules 1990 are hereby revoked.
Irvine of Lairg, C.
Dated 7th August 1997


text:
1
1
This Order may be cited as the A2 Trunk Road (A296 Watling Street Slip Road) (Trunking) Order 1997 and shall come into force on 20th November 1997.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order (the highway being in this Order referred to as “the slip road”), shall become a trunk road from the date when this Order comes into force.
3
The centre line of the slip road is indicated by a heavy black line on the plan numbered SNPR97/5, marked “the A2 Trunk Road (A296 Watling Street Slip Road) (Trunking) Order 1997”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, Marsham Street, London SW1P 4DR.
Signed by authority of the Secretary of State for Transport
J. Boud
Divisional Director Highways Agency
21st October 1997


text:
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 1997 and shall come into force on 3rd March 1997.
2
1
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below for the amounts specified in column (2) of the Table there shall be substituted the amounts specified in column (3) of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(a) £98.80 £64 3(b) £98.80 £64 4(2) £49.40 £32 5(2) £98.80 £64 6 £5.70 £5.50
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
20th January 1997
We consent to the making of these Regulations
Bowen Wells
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1997


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Stevenage Borough Council and Three Rivers District Council) Order 1997 and shall come into force on 1st January 1998.
Exemption
2
The management of sports and leisure facilities shall not be treated as a defined activity so long as it is carried out by Stevenage Borough Council during the period beginning with 1st January 1998 and ending with 31st May 1999 at the following premises —
i
Stevenage Arts and Leisure Centre, Lytton Way;
ii
Stevenage Swimming Pool, St. George Way;
iii
John Henry Newman Leisure Centre, Hitchin Road.
3
The management of sports and leisure facilities shall not be treated as a defined activity so long as it is carried out by Three Rivers District Council during the period beginning with 1st June 1998 and ending with 31st May 2000 at Sir James Altham Swimming Pool, Little Oxhey Lane, South Oxhey.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
8th December 1997


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st July 1997.
2
The Value Added Tax Regulations 1995 shall be amended in accordance with the following regulations.
3
In regulation 90 after paragraph (3) there shall be added the following paragraphs —
4
This regulation shall not apply to any relevant services —
a
where the period to which a payment falling within paragraph (1), (2) or (3) above relates, ends before 1st July 1997; or
b
which are treated as supplied on 1st July 1997 by virtue of regulation 90A below.
5
In this regulation and in regulations 90A and 90B below, “relevant services” means services within the description contained in paragraph 7A of Schedule 5 to the Act which are treated as supplied in the United Kingdom by virtue of article 20 of the Value Added Tax (Place of Supply of Services) Order 1992 .
.
4
After regulation 90 there shall be inserted the following regulations —
90A
Where —
a
relevant services are supplied for a period for a consideration the whole or part of which is determined or payable periodically or from time to time;
b
the period covered by the payment referred to in sub-paragraph (c) below ends on or after 1st July 1997; and
c
a payment in respect of the services was made before 1st July 1997,
the services shall be treated as supplied on 1st July 1997.
90B
Where relevant services are treated as supplied on or after 1st July 1997 by virtue of regulation 90 or 90A above, the supply shall be treated as taking place only to the extent covered by the lower of —
a
the payment; and
b
so much of the payment as is properly attributable to such part of the period covered by the payment as falls after 30th June 1997.
.
5
In regulation 94 for the words “Where under this Part” there shall be substituted the words “Subject to regulation 90B above, where under this Part”.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London
30th June 1997


text:
1
This Order may be cited as the Firemen’s Pension Scheme (Amendment) Order 1997 and shall come into force on 1st November 1997, except in respect of an appeal where notice of it has been given to the fire authority before that date.
2
1
The Schedule to this Order has effect for varying the scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 .
2
A reference in Part I of the Schedule to this Order to a numbered rule is a reference to the rule identified by that number in that Scheme.
3
A reference in Part II of the Schedule to this Order to a paragraph is a reference to a paragraph in Part I of Schedule 9 to that Scheme.
George Howarth
Parliamentary Under-Secretary of State
Home Office
24th September 1997
We approve
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
25th September 1997


text:
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 4) Regulations 1997 and shall come into force on 15th December 1997.
2
In these Regulations, “Schedule 2” means Schedule 2 to the Dual-Use and Related Goods (Export Control) Regulations 1996 .
2
In paragraph 5 of Schedule 2, the definitions of “basic scientific research”, “improvised explosive devices” and “required” shall be revoked.
3
The following heading and entry shall be inserted at the beginning of category 1 in Schedule 2:
1A
Equipment, Assemblies and Components
1A905
The export of goods specified in this entry is prohibited to any destination except to Member States.
Portable devices, other than those specified in entry PL 5001 of Part III of Schedule 1 to the Export of Goods (Control) Order 1994 , designed for self-protection by the administration of an incapacitating substance and specially designed components therefor.
4
The following entry shall be inserted immediately before entry 1C950 in Schedule 2:
1C911
Ferrocene derivatives other than those specified in entry ML8.e.11 in Part III of Schedule 1 to the Export of Goods (Control) Order 1994.
5
In each of entries 1E950, 3E990, 5E990, 8E990, 9E990, 9E991 and 9E993 in Schedule 2, the word “required” shall be replaced by the words “according to the General Technology Note”.
6
Category 3 in Schedule 2 shall be revoked.
7
The following category shall be inserted after category 5 in Schedule 2:
CATEGORY 6 — SENSORS AND LASERS
6A
Equipment, Assemblies and Components
6A907
The export of goods specified in this entry is prohibited to any destination except to Member States.
Gravity meters (gravimeters), other than those specified in entry 6A007.b of “Annex I”, designed for airborne or marine use and having a static or operational accuracy of less (better) than 0.7 mgal and a time-to-steady-state registration of less than two minutes, and specially designed components therefor.
8
1
The following amendments shall be made in category 8 in Schedule 2.
2
In entry 8A990, the words from “Vessels” to the end shall be replaced by the following:
Vessels and inflatable craft in an inflated or uninflated state, and equipment and components designed therefor, other than any vessel, craft, equipment or component specified in entry ML9 in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 or in “Annex I”.
3
The following heading and entry shall be inserted after entry 8A990:
8D
Software
8D990
The export of goods specified in this entry is prohibited to any destination in Iran or Iraq.
“Software” designed for the “development”, “production” or “use” of goods specified in entry 8A990.
4
In entry 8E990, the words “or 8D990” shall be added at the end.
9
1
The following amendments shall be made in category 9 in Schedule 2.
2
In each of entries 9A991 and 9E991, the words “except to Member States” shall be replaced by the words “in Iran, Iraq or Libya.”
3
In each of entries 9E990 and 9E991, the words “equipment or software” shall be replaced by the word “goods”.
4
In entry 9E993, the words “or 9D993” shall be inserted after the words “entry 9A993”.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
19th November 1997


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States and the Republic of Lithuania) Order 1997. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South West) Order 1997 and shall come into force on 1st April 1997.
Designated rural areas
2
The following areas shall be designated rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise) —
a
those parishes in the districts of Bath and North East Somerset, North Somerset or South Gloucestershire specified in Parts I, II and III of Schedule 1 to this Order and in the counties of Cornwall and the Isles of Scilly, Devon, Dorset, Gloucestershire, Somerset or Wiltshire specified in Parts IV, V, VI , VII , VIII and IX of Schedule 1 to this Order; and
b
those areas in the parishes and the unparished areas in the districts of Bath and North East Somerset, North Somerset or South Gloucestershire specified in Parts I, II and III of Schedule 2 to this Order and in the counties of Cornwall and the Isles of Scilly, Devon, Dorset, Gloucestershire, Somerset or Wiltshire specified in Parts IV, V, VI, VII, VIII and IX of Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the one hundred and forty maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South West) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 1997 and shall come into force on 7th July 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 .
Modifications to the principal Regulations
3
The principal Regulations shall be modified in accordance with the Schedule to these Regulations.
Transitional provisions
4
1
Until 31st May 1998, in relation to any substance or preparation other than liquefied petroleum gas, butane or propane, it shall be sufficient compliance with the requirements of the principal Regulations, if the requirements of those Regulations are complied with as in force immediately before these Regulations came into force.
2
Until 31st October 1997, in relation to liquefied petroleum gas, butane or propane, it shall be sufficient compliance with the requirements of the principal Regulations, if the requirements of those Regulations are complied with as in force immediately before these Regulations came into force.
Signed by authority of the Secretary of State.
Angela Eagle
Parliamentary Under Secretary of State,
Department of Environment
5th June 1997


text:
Citation and commencement
1
1
This Order may be cited as the Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) Amendment Order 1997.
2
This Order shall come into force on 1st April 1997.
Amendment to the Chargeable Dwellings Order
2
1
The Council Tax (Chargeable Dwellings) Order 1992 shall be amended in accordance with the following paragraph.
2
In article 2, for the definition of “self-contained unit” substitute —
“self-contained unit” means a building or a part of a building which has been constructed or adapted for use as separate living accommodation.
.
Amendments to the Exempt Dwellings Order
3
1
The Council Tax (Exempt Dwellings) Order 1992 shall be amended in accordance with the following paragraphs.
2
In article 2(1), after the definition of “secure tenant” insert —
“single property” means property which would apart from the Council Tax (Chargeable Dwellings) Order 1992 be one dwelling within the meaning of section 3 of the Act;
.
3
At the end of article 2 insert —
4
For the purposes of Class W a relative shall be regarded as dependent if he is —
a
aged 65 years or more, or
b
severely mentally impaired with the meaning given in paragraph 2 of Schedule 1 to the Act, or
c
substantially and permanently disabled (whether by illness, injury, congenital deformity or otherwise).
5
For the purposes of Class W a person is to be regarded as the relative of another if —
a
he is the spouse of that person, or
b
he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece or is the parent or child of such a person,
and
i
a relationship by marriage shall be treated as a relationship by blood,
ii
a relationship between a man and a woman living together as husband and wife shall be treated as a relationship by marriage, and
iii
the stepchild of a person shall be treated as his child.
.
4
In article 3, after Class U insert —
Class V:
1
a dwelling in respect of which at least one person, who would be liable to pay council tax but for this class, satisfies the conditions set out in paragraphs (2) and (3);
2
the condition referred to in paragraph (1) is that the person —
a
is a person on whom privileges and immunities are conferred by the Diplomatic Privileges Act 1964 , or
b
is a person on whom privileges and immunities are conferred under paragraph 5(1) of Part II of the Schedule to the Commonwealth Secretariat Act 1966 ,
c
is a person on whom privileges and immunities are conferred by section 1 of the Consular Relations Act 1968 , or
d
is, in relation to any organisation specified in an Order in Council made under section 1(2) of the International Organisations Act 1968 , within a class of persons mentioned in section 1(3) of that Act to which the relevant Order extended relief from rates as specified in paragraph 9 of Schedule 1 to that Act, or
e
is a person on whom privileges and immunities are conferred by article 3 or 4 of the Commonwealth Countries and Republic of Ireland (Immunities and Privileges) Order 1985 , or
f
is the head of any office established as described in section 1(1) of the Hong Kong Economic Trade Act 1996 ,
and is not —
i
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen; or
ii
a person who under the British Nationality Act 1981 is a British subject; or
iii
a British protected person (within the meaning of that Act); or
iv
a permanent resident of the United Kingdom;
3
the condition referred to in paragraph (1) is that there is no other dwelling in the United Kingdom which is the main residence of that person, or is the main residence within the United Kingdom of that person;
Class W: a dwelling which forms part of a single property including at least one other dwelling and which is the sole or main residence of a dependent relative of a person who is resident in that other dwelling, or as the case may be, one of those other dwellings;
.
Amendments to the Discounts Disregards Order
4
For sub-paragraph (f) of article 3(2) of the Council Tax (Discount Disregards) Order 1992 substitute —
f
a disability working allowance under section 129 of that Act, where the qualifying benefit is —
i
one falling within subsection (2)(a)(i) or (ii) of that section, or
ii
income support, and the applicable amount formerly payable included a disability premium within the description in sub-paragraph (j) below ,
or is a corresponding Northern Ireland benefit;
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th March 1997
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State for Wales
6th March 1997