The Dairy Produce (Miscellaneous Provisions) Regulations 2007

Made: 18th February 2007

Laid before Parliament: 26th February 2007

Coming into force: 6th April 2007

He makes the following Regulations under the powers conferred by that section.

Title and commencement

1

These Regulations may be cited as the Dairy Produce (Miscellaneous Provisions) Regulations 2007 and come into force on 6th April 2007.

Abolition of Dairy Produce Quota Tribunals

2

The Dairy Produce Quota Tribunals, re-constituted under regulation 7(1) of the Dairy Produce Quotas (General Provisions) Regulations 2002[^f00003], are abolished.

Amendment of the Dairy Produce Quotas (General Provisions) Regulations 2002

3

• (1) The Dairy Produce Quotas (General Provisions) Regulations 2002 are amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Omit regulation 7 (dairy produce quota tribunals).

• (4) Omit the Schedule (constitution, staffing and procedures of dairy produce quota tribunals).

Amendment of the Agriculture Act 1986

4

• (1) The Agriculture Act 1986[^f00007] is amended as follows.

• (2) In paragraph 6 of Part 2 of Schedule 1 (tenants’ compensation for milk quota)—

• (a) in sub-paragraph (3), after “Wales” insert “, or by the Secretary of State or the National Assembly for Wales following the appeals procedure,”;

• (b) after sub-paragraph (3) insert—

(3A) In sub-paragraph (3) above “the appeals procedure” means— (a) in England, the appeals procedure established under the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (England) Regulations 2004 (S.I. 2004/590); and (b) in Wales, the appeals procedure established under the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004 (S.I. 2004/685 (W.73)).

• (3) In paragraph 6 of Schedule 2 (tenants’ compensation for milk quota: Scotland)—

• (a) in sub-paragraph (3), after “Scotland” insert “, or following the appeals procedure by the Scottish Ministers or the Scottish Land Court,”;

• (b) after sub-paragraph (3) insert—

(3A) In sub-paragraph (3) above “the appeals procedure” means the appeals procedure established under the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/278).

Consequential provisions

5

The enactments listed in Part 1 of the Schedule are repealed or revoked as specified.

Revocation of the Milk (Community Outgoers) Schemes

6

The instruments listed in Part 2 of the Schedule are revoked.

SCHEDULE — Repeals and Revocations

PART 1 — Dairy Produce Quota Tribunals

PART 2 — Milk (Community Outgoers) Schemes

Signed

Jeff Rooker — Minister of State — Department for Environment, Food and Rural Affairs — 2007-02-18

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations abolish the Dairy Produce Quota Tribunals (regulation 2) and make consequential amendments to the Dairy Produce Quotas (General Provisions) Regulations 2002 (S.I. 2002/458). These Regulations also make consequential amendments to the Agriculture Act 1986 (regulation 4) and repeal and revoke various other enactments (Part 1 of the Schedule). Disputes concerning the allocation of quota, which would previously have been considered by a Dairy Produce Quota Tribunal, will instead be considered under the relevant Common Agricultural Policy Non-IACS Support Schemes Appeals procedure.

These Regulations also revoke secondary legislation concerning Milk (Community Outgoers) schemes in the United Kingdom (Part 2 of the Schedule), as these schemes are no longer in operation.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: The power of the Secretary of State, as a Minister designated by virtue of S.I. 1972/1811 in relation to the common agricultural policy of the European Community, to make regulations which extend to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (1998 c. 46). The Secretary of State’s power, as a Minister so designated, to make regulations which apply to Wales is confirmed by article 4(4) of S.I. 2005/2766. The Secretary of State’s power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 2002/458 as amended by S.I. 2005/466.

[^f00007]: 1986 c.49.

Editorial notes

[^key-c2af87dd68af1665a32a796ffa7fec27]: Reg. 3(2) omitted (1.4.2008) by virtue of Dairy Produce Quotas (General Provisions) (Amendment) Regulations 2008 (S.I. 2008/438), regs. 1(b), 3(2)

[^M_F_f4015cbe-9e4a-426a-b5fb-f40980923964]: Regulations revoked (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), reg. 1(1), sch. Pt. 2

[^key-f7afa1b8ed19d7d38f0ab0694ef28252]: Regulations revoked (E.W.) (31.3.2019) by The Food and Rural Affairs (Miscellaneous Revocations) Regulations 2018 (S.I. 2018/908), regs. 1(2), 3(h)