Statutory Instruments
1997 No. 250

FOOD
The Dairy Produce Quotas (Amendment) Regulations 1997

Made
6th February 1997

Laid before Parliament
7th February 1997

Coming into force
28th February 1997

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1997 and shall come into force on 28th February 1997.

Amendment of the Dairy Produce Quotas Regulations 1994

2.—(1) the Dairy Produce Quotas Regulations 1994(3) shall be amended in accordance with paragraphs (2) and (3) below.

(2) In paragraph (8) of regulation 13 (transfer of quota without transfer of land)—

(a)at the end of sub-paragraph (f) “and” shall be deleted; and

(b)at the end of sub-paragraph (g) there shall be added “; and” followed by the following sub-paragraph:

“(h)the circumstances that the Minister has caused animals forming part of the dairy herd to be slaughtered under the powers conferred on him by section 32(1)(b) of the Animal Health Act 1981(4) as animals having been exposed to the infection of bovine spongiform encephalopathy.”.

(3) In regulation 18 (conversion of quota), after paragraph (4), there shall be added the following paragraph:

“(5) Where under the powers conferred on him by section 32(1)(b) of the Animal Health Act 1981, the Minister 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.”.

Tony Baldry
Minister of State Ministry of Agriculture, Fisheries and Food
5th February 1997

Lindsay
Parliamentary Under Secretary of State, Scottish Office
6th February 1997

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Dairy Produce Quotas Regulations 1994 (“the principal Regulations”).
Regulation 2(2) of these Regulations amends regulation 13 of the principal Regulations by adding a further category of exceptional circumstance to the list of exceptional circumstances provided in regulation 13(8). This amendment permits producers who have had cows forming part of their dairy herd slaughtered as animals exposed to the infection of bovine spongiform encephalopathy, pursuant to the powers conferred by section 32(1)(b) of the Animal Health Act 1981, to be released from the non-transfer undertaking referred to in regulation 13(2)(d)(i) of the principal Regulations.
Regulation 2(3) of these Regulations amends regulation 18 of the principal Regulations by removing the transfer restriction contained in paragraph (4) of regulation 18 in respect of producers who have had cows forming part of their dairy herd slaughtered as animals which have been exposed to bovine spongiform encephalopathy, pursuant to the powers conferred by section 32(1)(b) of the Animal Health Act 1981.
The principal Regulations, as now amended, continue to implement Council Regulation (EEC) No. 3950/92 (OJ No. L405, 31.12.92, p.1) and Commission Regulation (EEC) No. 536/93 (OJ No. L57, 20.3.93, p.12) as amended.


(1)
S.I. 1972/1811.

(2)
1972 c. 68.

(3)
S.I. 1994/672, amended by S.I. 1994/2448, 1994/2919, 1995/254, 1996/2657.

(4)
1981 c. 22; see also The Bovine Spongiform Encephalopathy (No. 2) Order 1996 (S.I. 1996/3183).