The Dairy Produce Quotas Regulations 1989

The parties to the arbitration shall within twenty-eight days from the appointment of the arbiter deliver to him a statement of their respective cases with all necessary particulars; and–

• (a) no amendment or addition to the statement or particulars delivered shall be allowed after the expiry of the said twenty-eight days except with the consent of the arbiter;

• (b) a party to the arbitration shall be confined at the hearing to the matters alleged in the statement and particulars delivered by him and any amendment or addition duly made.

11

The parties to the arbitration, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbiter on oath or affirmation in relation to the matters in dispute and shall, subject as aforesaid, produce before the arbiter all samples, books, deeds, papers, accounts, writings and documents, within their possession or power respectively which may be required or called for, and do all other things which during the proceedings the arbiter may require.

12

Any person having an interest in the holding to which the arbitration relates shall be entitled to make representations to the arbiter. The Minister may make such representations where the arbitration follows on a notice given by him under regulation 12.

13

The arbiter shall have power to administer oaths, and to take the affirmation of parties and witnesses appearing, and witnesses shall, if the arbiter thinks fit, be examined on oath or affirmation.

Award

14

• (1) The arbiter shall make and sign his award within three months of his appointment or within such longer period as may, either before or after the expiry of the aforesaid period, be agreed to in writing by the parties or fixed by the Minister.

• (2) The award shall fix a date not later than one month after the delivery of the award for the payment of any expenses awarded under paragraph 17 below.

15

The award to be made by the arbiter shall be final and binding on the parties and the persons claiming under them respectively.

16

The arbiter may correct in an award any clerical mistake or error arising from any accidental slip or omission.

Expenses

17

The expenses of and incidental to the arbitration and award shall be in the discretion of the arbiter, who may direct to and by whom and in what manner those expenses or any part thereof are to be paid, and the expenses shall be subject to taxation by the auditor of the sheriff court on the application of any party, but that taxation shall be subject to review by the sheriff.

18

• (1) The arbiter shall, in awarding expenses, take into consideration–

• (a) the reasonableness or unreasonableness of the claim of any party, whether in respect of amount or otherwise;

• (b) any unreasonable demand for particulars or refusal to supply particulars; and

• (c) generally all the circumstances of the case.

• (2) The arbiter may disallow the expenses of any witness whom he considers to have been called unnecessarily and any other expenses which he considers to have been incurred unnecessarily.

19

It shall not be lawful to include in the expenses of and incidental to the arbitration and award, or to charge against any of the parties, any sum payable in respect of remuneration or expenses to any person appointed by the arbiter to act as clerk or otherwise to assist him in the arbitration unless such appointment was made after submission of the claim and answers to the arbiter and with either the consent of the parties to the arbitration or the sanction of the sheriff.

Statement of case

20

The arbiter may at any stage of the proceedings, and shall, if so directed by the sheriff (which direction may be given on the application of any party), state a case for the opinion of the sheriff on any questions of law arising in the course of the arbitration. The opinion of the sheriff on any case shall be final.

Removal of arbiter and setting aside of award

21

Where an arbiter has misconducted himself the sheriff may remove him.

22

When an arbiter has misconducted himself, or an arbitration or award has been improperly procured, the sheriff may set the award aside.

Miscellaneous

23

Any amount paid in respect of the remuneration of the arbiter by any party to the arbitration in excess of the amount, if any, directed by the award to be paid by him in respect of the expenses of the award shall be recoverable from the other party or jointly from the other parties.

24

The Arbitration (Scotland) Act 1894[^f00020] shall not apply to any arbitration carried out under this Schedule.

PART III — apportionments carried out by the scottish land court

25

The provisions of the Small Landholders (Scotland) Acts 1886 to 1931 with regard to the Scottish Land Court shall, with any necessary modifications, apply for the purpose of the determination of any matter which they are required, in terms of paragraph 1 of this Schedule, to determine, in like manner as those provisions apply for the purpose of the determination by the Land Court of matters referred to them under those Acts.

26

Where an apportionment or prospective apportionment is to be dealt with by the Scottish Land Court, the party making application to that Court shall notify the Minister in writing of the application within fourteen days of its being lodged with the Court.

27

Where, in terms of a notice given by the Minister under regulation 12, an apportionment or prospective apportionment is to be carried out by the Scottish Land Court, any fee payable by the Minister to the Court shall be recoverable by him as a debt due from the other parties to the case jointly or severally.

28

Any person having an interest in the holding to which the apportionment or prospective apportionment relates shall be entitled to be a party to the proceedings before the Scottish Land Court. The Minister shall be entitled to be a party where the apportionment follows on a notice given by him under regulation 12.

SCHEDULE 6 — APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBITRATION – NORTHERN IRELAND

1

Paragraphs 3 to 17 below shall apply to every arbitration in Northern Ireland.

2

• (1) The Arbitration Act (Northern Ireland) 1937[^f00021] shall, except insofar as it is inconsistent with paragraphs 3 to 17 below, apply to every arbitration in Northern Ireland as if that arbitration were pursuant to an arbitration agreement and as if paragraphs 3 to 16 below were contained in an arbitration agreement.

• (2) In this paragraph “arbitration agreement” has the same meaning as in section 30 of the Arbitration Act (Northern Ireland) 1937.

Appointment of arbitrator

3

• (1) In any case where an apportionment is to be carried out by arbitration an arbitrator shall be appointed by agreement between the transferor and transferee within the period of two months referred to in regulation 9(1)(a) (referred to in this paragraph as “the relevant period”) and the transferee shall notify the Minister in writing of the appointment of the arbitrator within 14 days from the date of the appointment.

• (2) Notwithstanding subparagraph (1) above, the transferor or the transferee may at any time within the relevant period make an application to the President of the Law Society of Northern Ireland (referred to in this Schedule as “the President”) for the appointment of an arbitrator and the person who makes such an application to the President shall notify the Minister in writing of that fact within fourteen days from the date of the application.

• (3) If at the expiry of the relevant period an arbitrator has not been appointed by agreement between the transferor and the transferee nor an application made to the President under subparagraph (2) above, the Minister shall make an application to the President for the appointment of an arbitrator.

• (4) Where the Minister gives a notice in accordance with regulation 12 he shall make an application to the President for the appointment of an arbitrator and the Minister shall be a party to the arbitration.

4

• (1) In any case where a prospective apportionment is to be made by arbitration an arbitrator shall be appointed–

• (a) where regulation 12 applies, by the President;

• (b) in any other case, by agreement between the occupier and any other interested party, or, in default, by the President on an application by the occupier.

• (2) Where subparagraph (1)(b) above applies, the occupier shall notify the Minister in writing of the appointment of the arbitrator pursuant to the agreement, or of the application to the President for the appointment of an arbitrator, within fourteen days from the date of the appointment of the arbitrator or the date of the application to the President, as appropriate.

5

An arbitrator appointed in accordance with paragraphs 1, 3, and 4 above shall conduct the arbitration in accordance with this Schedule and shall base his award on findings made by him as to areas used for milk production in the five years preceding the change of occupation, or in the case of a prospective apportionment in the five years preceding the arbitration.

6

No application may be made to the President for an arbitrator to be appointed by him under this Schedule unless the application is accompanied by the fee which shall be £50 for such an application; but once the fee has been paid in connection with any such application no further fee shall be payable in connection with any subsequent application for the President to exercise any function exercisable by him in relation to the arbitration by virtue of this Schedule (including an application for the appointment by him in an appropriate case of a new arbitrator).

7

Where the Minister makes an application to the President under paragraphs 3(3) or (4) above, the fee payable to the President in respect of that application referred to in paragraph 6 above shall be recoverable by the Minister as a debt due from the parties to the arbitration jointly or severally.

8

Any appointment of an arbitrator by the President shall be made by him within fourteen days after receiving the application.

9

If the arbitrator dies, or is incapable of acting, or for seven days after notice from any party requiring him to act fails to act, a new arbitrator may be appointed as if no arbitrator had been appointed.

10

A party to the arbitration shall have power to revoke the appointment of the arbitrator with the consent of all other parties.

11

Every appointment, application, notice, revocation and consent under the foregoing paragraphs shall be in writing.

Statement of case

12

The parties to the arbitration shall, within thirty-five days from the appointment of the arbitrator, deliver to him a statement of their respective cases with all necessary particulars and–

• (a) no amendment or addition to the statement or particulars delivered shall be allowed after the expiry of the said thirty-five days except with the consent of the arbitrator;

• (b) a party to the arbitration shall be confined at the hearing to the matters alleged in the statement and particulars delivered by him and any amendment or addition duly made.

Award

13

The arbitrator shall make and sign his award within fifty-six days of his appointment.

14

The arbitrator shall have power to correct in the award any clerical mistake or error arising from any accidental slip or omission.

Reasons for award

15

If requested by any party to the arbitration, on or before the making of the award, to make a statement, either written or oral, of the reasons for the award the arbitrator shall furnish such a statement.

16

For the purposes of this Schedule, an arbitrator appointed by the President shall be taken to have been so appointed at the time when the President executed the instrument of appointment; and in the case of any such arbitrator the periods mentioned in paragraphs 12 and 13 above shall run from that time.

17

Any person having an interest in the holding to which the arbitration relates shall be entitled to make representations to the arbitrator.

SCHEDULE 7 — CONVERSION OF DIRECT SALES QUOTA AND WHOLESALE QUOTA

1

An applicant for the conversion of direct sales quota into wholesale quota or wholesale quota into direct sales quota in respect of a quota year who has both wholesale quota and direct sales quota shall submit his application to the Minister no later than a date to be determined by the Minister in respect of each quota year and published in the Gazette.

2

An application referred to in paragraph 1 shall, in respect of the quota year concerned–

• (a) state the amount of the applicant’s direct sales quota and wholesale quota, his direct sales and wholesale deliveries of dairy produce, and

• (b) provide such other information as may reasonably be required to be provided in order to enable the Minister to assess the factors referred to in Article 6a of Council Regulation 857/84.

3

The Minister shall calculate the amount of the applicant’s direct sales quota or wholesale quota which has not been used in that quota year and which the applicant has available for conversion into wholesale quota or direct sales quota, as the case may be.

4

The Minister shall, within each purchaser area, convert into wholesale quota so much of applicants' unused direct sales quota as will not exceed the amount by which wholesale deliveries of dairy produce to that purchaser exceed the wholesale quota of that purchaser adjusted in accordance with Article 12(1) of the Commission Regulation.

5

The Minister shall convert into direct sales quota so much of applicants' unused wholesale quota as will not exceed the amount by which the aggregate direct sales of dairy produce of direct sellers exceed the aggregate direct sales quota, adjusted to take into account the conversion, if any, under paragraph 4, of direct sellers in that quota year.

6

• (1) The quantity of direct sales quota which is to be converted into wholesale quota by virtue of an application referred to in paragraph 1 shall be taken from the applicant’s direct sales quota and added to the national direct sales reserve. An equivalent quantity shall be transferred from that reserve to the appropriate running regional wholesale reserve and allocated from that reserve to the applicant.

• (2) The quantity of wholesale quota which is to be converted into direct sales quota by virtue of such an application shall be taken from the applicant’s wholesale quota and added to the appropriate running regional wholesale reserve. An equivalent quantity shall be transferred from that reserve to the national direct sales reserve and allocated from that reserve to the applicant.

SCHEDULE 8 — CALCULATION OF LEVY LIABILITY

Wholesale quota

1

The Minister shall calculate–

• (a) the amount, if any, by which the quantity of wholesale deliveries of dairy produce to each purchaser must be adjusted to take account of its fat content calculated in accordance with paragraph 12(1) of the Commission Regulation, and

• (b) the amount, if any, by which the purchaser quota exceeds the quantity of wholesale deliveries of dairy produce to him, adjusted in accordance with subparagraph (a), and

• (c) the amount, if any, by which the wholesale deliveries of dairy produce to each purchaser, adjusted in accordance with subparagraph (a), exceeds his purchaser quota, and

• (d) the aggregate of the amounts referred to at subparagraph (b) by which the total purchaser quota of each purchaser which exceeds the quantity of wholesale deliveries of dairy produce to him, adjusted in accordance with subparagraph (a), do so in each region.

2

The aggregate, if any, referred to in paragraph 1(d) shall be reallocated among purchasers in that region in proportion to, and (so far as it is available) to the extent of, the amounts referred to at paragraph 1(c).

3

The Minister shall calculate for each purchaser the amount, if any, by which the amount in paragraph 1(c) exceeds the amount reallocated in paragraph 2.

4

The Minister shall direct each purchaser to convert into wholesale quota the direct sales quota of any applicant who has both direct sales and wholesale quota for conversion under Schedule 7 to the extent of the amount referred to in paragraph 3 or (so far as it is available) to the extent of the quantity of direct sales quota each applicant has available for conversion whichever is less.

5

The Minister shall calculate for each purchaser the amount, if any, by which the amount referred to in paragraph 3 exceeds the amount of direct sales quota which each purchaser has converted into wholesale quota under paragraph 4.

6

The Minister shall calculate in respect of each region–

• (a) the amount, if any, by which the total purchaser quota of purchasers within that region taking into account the amount of quota converted in accordance with paragraph 4, exceeds or falls short of the quantity of wholesale deliveries of dairy produce to purchasers within that region, and

• (b) the aggregate of the amounts by which all those amounts referred to in subparagraph (a) exceed the total regional wholesale deliveries of dairy produce.

7

The aggregate referred to in paragraph 6(b) shall be reallocated among purchasers in regions in which wholesale deliveries of dairy produce have exceeded the appropriate regional wholesale quota in proportion to, and (so far as it is available) to the extent of, the amount, if any,calculated for each purchaser under paragraph 5.

8

The Minister shall calculate for each purchaser the amount, if any, by which the amount referred to in paragraph 5 exceeds the amount, if any, reallocated to that purchaser under paragraph 7.

Direct sales quota

9

The Minister shall calculate, taking into account the conversion of direct sales quota at paragraph 4–

• (a) the amount, if any, by which the quantity of dairy produce sold by direct sales from the holding of each direct seller exceeds the direct sales quota of that direct seller,

• (b) the amount, if any, by which the quantity of dairy produce sold by direct sales from the holding of each direct seller located within a purchaser area falls short of, or exceeds, the direct sales quota of direct sellers in that area, and

• (c) the aggregate of the amounts referred to in subparagraph (b) of this paragraph.

10

The Minister shall direct each purchaser to convert into direct sales quota the wholesale quota of any applicant who has both direct sales quota and wholesale quota for conversion under Schedule 7 to the extent of the aggregate referred to in paragraph 9(c) or (so far as it is available) to the extent of the quantity of wholesale quota each applicant has available for conversion in proportion to any excess attributable to the direct sellers under paragraph 9(b) whichever is less.

11

The Minister shall calculate–

• (a) the amount, if any, by which the aggregate referred to in paragraph 9(c) exceeds the aggregate of the amounts converted under paragraph 10,

• (b) the amount, if any, by which the amount referred to in paragraph 9(a) exceeds the amount of the direct seller’s quota converted under paragraph 10, and

• (c) the aggregate of the amounts referred to under subparagraph (b).

Amount of levy

12

The Minister shall calculate the rate of levy per litre, if any, to be paid by each direct seller on the amount at paragraph 11(b) by multiplying the amount referred to in paragraph 11(a) by the figure for levy calculated in accordance with Article 1 of Council Regulation 857/84 and dividing the resultant figure by the aggregate referred to in paragraph 11(c).

13

The Minister shall calculate the amount of levy to be paid by each purchaser by multiplying the amount, if any, referred to in paragraph 8 adjusted to take into account the conversion, if any, of wholesale quota under paragraph 10 by the figure for the levy calculated in accordance with Article 1 of Council Regulation 857/84.

14

Each purchaser shall pass on the burden to producers of the levy, if any, calculated in accordance with Article 5c (Formula B) of Council Regulation 804/68 taking into account the amounts of unused quota, if any, reallocated to that purchaser under paragraph 2 or paragraph 7 of this regulation and conversion of quota under paragraph 4 and paragraph 10.

15

For the purposes of this Schedule “purchaser area” means the geographical area from within which a purchaser purchases milk or other milk products or, in respect of any region from which no purchaser purchases milk or other milk products, means that region.

SCHEDULE 9 — NORTHERN IRELAND WHOLESALE PROVISION

PART I — exceptional hardship allocation

1

The Minister may at any time add to an exceptional hardship provision made under paragraph 17 of Schedule 2 to the 1984 Regulations. Where any such additional provision is made the Minister shall by advertisement published in the Gazette announce the amount of quota in that provision.

2

The Minister may allocate quota in any additional exceptional hardship provision to a producer who has previously made an exceptional hardship claim and who has been allocated an amount of quota, in furtherance of that claim, being less than the amount of quota determined by the Tribunal in respect of that claim.

3

For the purposes of paragraph 2 above, “exceptional hardship claim” means a claim which has been determined by the Tribunal in accordance with paragraph 17 of Schedule 2 to the 1984 Regulations.

PART II — small producer supplementary development allocation

4

The Minister may at any time add to a small producer supplementary development provision made under Schedule 13 to the 1986 Regulations. Where any such additional provision is made the Minister shall by advertisement published in the Gazette announce the amount of quota in that provision.

5

Any additional provision made under paragraph 4 above shall be allocated by the Minister to producers who had a wholesale development award and the aggregate of whose total direct sales quota and total wholesale quota, on the date determined by the Minister for the purposes of a provision under Schedule 13 to the 1986 Regulations, was less than 200,000 litres.

6

The amount of quota which may be allocated to a producer under paragraph 5 above shall be limited to–

• (a) the amount determined in respect of that producer by the further examination body, or by the Tribunal, in accordance with paragraphs 9(3) and 10(1), respectively, of Schedule 2 to the 1984 Regulations, or

• (b) 200,000 litres,

whichever amount is less.

7

Where a producer has transferred the occupation of all or part of his holding to another person, any allocation of quota in respect of that producer by virtue of paragraph 5 above shall be divided between that producer and the transferee in the proportion that the wholesale quota relating to the holding was apportioned.

SCHEDULE 10 — DAIRY PRODUCE QUOTA TRIBUNALS

PART I — dairy produce quota tribunals (other than for scotland)

1

Each Dairy Produce Quota Tribunal shall consist of up to ninety members appointed by the Minister, including a Chairman appointed by him.

2

The quorum for any determination by a Dairy Produce Quota Tribunal shall be three.

3

Any determination to be made by a Dairy Produce Quota Tribunal shall be made by a majority.

4

Each Dairy Produce Quota Tribunal may be serviced by a Secretary and such other staff as the Minister may appoint.

5

Any document purporting to be signed by the Chairman of or the Secretary to a Dairy Produce Quota Tribunal and purporting to state a determination (or guidance of) the Dairy Produce Quota Tribunal shall in any proceedings be evidence of such a determination (or such guidance).

6

The terms of appointment and the remuneration of the members, Secretary and other staff of a Dairy Produce Quota Tribunal shall be determined by the Minister.

7

Except as otherwise provided in these Regulations, the procedure of a Dairy Produce Quota Tribunal shall be such as their Chairman shall in his discretion determine.

PART II — the dairy produce quota tribunal for scotland

8

The Dairy Produce Quota Tribunal shall consist of up to twenty members appointed by the Minister.

9

The Dairy Produce Quota Tribunal shall sit in separate panels, and a determination of any such panel shall be treated as the determination of the Tribunal for the purpose of these Regulations.

10

Each panel constituted under paragraph 9 shall choose their own Chairman.

11

The quorum for any determination by the Dairy Produce Quota Tribunal shall be three.

12

Any determination to be made by the Dairy Produce Quota Tribunal shall be made by a majority.

13

Each panel constituted under paragraph 9 shall be serviced by a Secretary and such other staff as the Minister may appoint.

14

Any document purporting to be signed by the Chairman of or the Secretary to a panel constituted under paragraph 9 and puporting to state a determination of the Dairy Produce Quota Tribunal shall in any proceedings be evidence of such a determination.

15

The terms of appointment and the remuneration of–

• (a) the members of the Dairy Produce Quota Tribunal, and

• (b) the Secretary and other staff of a panel constituted under paragraph 9

shall be determined by the Minister.

16

Except as otherwise provided in these Regulations, the procedure of a panel constituted under paragraph 9 shall be such as their Chairman shall in his discretion determine.

17

A panel constituted under paragraph 9 may consult with any person whom the panel consider to be capable of assisting them in reaching their determination and, in the event of such consultation, the applicant whose special case claim is being examined by the panel shall be afforded the opportunity to comment, before the panel reach their determination, on any advice given by that person.

PART III — general

18

The Dairy Produce Quota Tribunals for England and Wales, Scotland and Northern Ireland shall, if so required by the Ministers, issue a joint written statement of general guidance in respect of the criteria to be used in reaching any determination in relation to direct sales quota, and each Dairy Produce Quota Tribunal shall make its determinations in accordance with those criteria.

SCHEDULE 11 — REVOCATION

Regulations revoked	References
The Dairy Produce Quotas Regulations 1986	S.I. 1986/470
The Dairy Produce Quotas (Amendment) Regulations 1988	S.I. 1988/534
The Dairy Produce Quotas (Amendment) Regulations 1989	S.I. 1989/16

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th March 1989.

Trumpington — Parliamentary Secretary Ministry of Agriculture, Fisheries and Food

Sanderson of Bowden — Minister of State, Scottish Office — 8th March 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Dairy Produce Quotas Regulations 1986, the Dairy Produce Quotas (Amendment) Regulations 1988 and the Dairy Produce Quotas (Amendment) Regulations 1989. The Regulations apply throughout the United Kingdom, with the minor exception of regulation 21 which applies only to Northern Ireland, and come into force on 31 March 1989.

The main amendments are as follows–

1 Minor changes have been made to certain of the definitions in order to update them (regulation 2).

2 Article 12(1) of Commission Regulation (EEC) No. 1546/88 gives Member States a discretion to permit certain producers to choose an alternative base year in respect of which to calculate the fat content of their milk for levy purposes. The Regulations specifically enable the Minister to implement a producer’s choice of an alternative base year (regulation 6).

3 Any change of occupation of a holding must be notified to the Minister within 2 months on a form which is to be prescribed for the purpose. Certain changes of occupation of small areas of land in England and Wales are no longer exempt from the application of the transfer rules. Also those transfer rules no longer apply where a person occupied land under such an agreement and lawfully continued in occupation until a date one month after the termination of his interest in the land (regulation 9). Transfers which take place immediately before the end of a quota year cause problems as regards the calculation of levy liability unless they are promptly notified to the Minister, as otherwise it is impossible to assess how much unused quota is available for re-allocation amongst over-quota producers. In order to minimise these problems the Minister may set a date after the end of the quota year in question by which the person to whom quota is transferred must notify him of the transfer. Anyone who fails to notify the Minister by that date may only make use of the transferred quota to offset his levy liability in the following quota year, not the year in which the transfer actually took place. Such quota is nevertheless to be treated as being available for re-allocation by the Minister in the year in which the transfer took place (regulation 9(2)(a)).

4 The provision which previously allowed a purchaser and producer to agree a change in the identification of that producer’s holding for the purpose of management of wholesale quotas by purchasers has not been re-enacted.

5 The Minister has been given the power to make a temporary reallocation of quota, in certain circumstances, to producers to whom the Dairy Produce Quota Tribunal or one of its local panels has made an award of quota, or to whom the Minister has allocated quota under Schedule 12 to the 1986 Regulations, where that award or allocation of quota has been entered incorrectly in the quota register maintained by the Minister (regulation 16).

6 New arbitration procedures have been introduced which are similar to those which operate under the agricultural holdings legislation, and contain in particular new statutory time limits within which certain steps in the arbitration must be taken (Schedule 4, 5 and 6).

7 Supplementary levy liability is calculated at purchaser level for wholesale producers and nationally for direct sellers, which allows the unused quota of under quota producers to be used to offset over-production by over quota producers. The Minister is given a power to instruct purchasers of the optimum amount to convert to keep the United Kingdom’s levy to a minimum (Schedule 7).

8 The provisions in relation to calculation of levy liability have been replaced to take into account the fact that deliveries of milk against a purchaser’s quota must be adjusted having regard to any increase in the butterfat content before the process for calculating the liability for levy may commence (Schedule 8).

9 Certain provisions which previously applied throughout the United Kingdom, and which enabled the Minister to make allocations of quota to producers in a number of different circumstances, have been deleted because they are no longer relevant. In relation to Northern Ireland only, however, provisions have been retained to enable the Minister to make any additional allocation of quota in cases of exceptional hardship and to certain small producers (Schedule 9).

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, with sections 37, 40 and 46 of the Criminal Justice Act 1982 (c. 48) and S.I. 1984/447, as regards Scotland, with section 289GA of the Criminal Procedure (Scotland) Act 1975 (c. 21) (as inserted by section 66(2) of the Criminal Justice (Scotland) Act 1987 (c. 41)) and, as regards Northern Ireland, with S.I. 1984/703 (N.I.3) and S.R. (N.I.) 1984 No. 253.

[^f00003]: OJ No. L139, 4.6.88, p. 12.

[^f00004]: OJ No. L148, 28.6.68, p. 13 (OJ/SE 1968(1) p. 176).

[^f00005]: OJ No. L90, 1.4.84, p. 13.

[^f00006]: 1958 c. 47, to which there are amendments not relevant to these Regulations.

[^f00007]: 1964 c. 13 (N.I.), to which there are amendments not relevant to these Regulations.

[^f00008]: S.I. 1984/1047; amended by S.I. 1984/1538, 1787 and S.I. 1985/509.

[^f00009]: S.I. 1986/470; amended by S.I. 1988/534 and S.I. 1989/16.

[^f00010]: 1981 c. 22.

[^f00011]: S.I. 1981/1115 (N.I. 22).

[^f00012]: 1958 c. 47, to which there are amendments not relevant to these Regulations.

[^f00013]: 1964 c. 13 (N.I.), to which there are amendments not relevant to these Regulations.

[^f00014]: 1986 c. 5.

[^f00015]: 1984 c. 28.

[^f00016]: 1950 c. 27, to which there are amendments not relevant to these Regulations.

[^f00017]: 1955 c. 21; section 3(1) was amended by the Crofters (Scotland) Act 1961 (c. 58), Schedule 1, Part II, paragraph 9.

[^f00018]: 1911 c. 49.

[^f00019]: 1949 c. 75.

[^f00020]: 1894 c. 13 (57 and 58 Vict.).

[^f00021]: 1937 c. 8 (N.I.).