PART 1General

Citation, commencement, extent and application

regulation 1 + 1.—(1) These Regulations may be cited as the Fair Dealing Obligations (Pigs) Regulations 2025.

(2) These Regulations come into force on the commencement date, except for Parts 1 and 11 which come into force on the day after the day on which these Regulations are made.

(3) They extend to England and Wales, Scotland and Northern Ireland.

(4) Subject to paragraph (5) and regulation 4, these Regulations (other than Part 11) apply in relation to pig purchase contracts.

(5) They do not apply in relation to any quantity of pigs that the business purchaser(2) takes possession of before the transition date under a pig purchase contract that was in force immediately before the commencement date.

(6) In this regulation—

“the commencement date” is the day after the expiry of 12 weeks, beginning with the day on which these Regulations are made;

“the transition date” is the day after the expiry of 12 months, beginning with the commencement date.

Interpretation

regulation 2 + 2.  In these Regulations—

term fixed duration contract + “fixed-duration contract” has the meaning given in regulation 6(2);

term fixed price + “fixed price” has the meaning given in regulation 8(2);

term notice of intent + “notice of intent” has the meaning given in regulation 22(2);

term pig purchase contract + “pig purchase contract” means a contract made by a business purchaser for the purchase of pigs from a qualifying seller(3);

term the parties + “the parties”, in relation to a pig purchase contract, means the business purchaser and the qualifying seller who are party to the contract;

term variable price + “variable price” has the meaning given in regulation 9(2).

PART 2Requirement to use a pig purchase contract

Requirement to use a pig purchase contract and general provisions

regulation 3 + 3.—(1) A business purchaser may not purchase pigs from a qualifying seller unless the purchase is made under a pig purchase contract that complies with the requirements of these Regulations.

(2) A pig purchase contract must contain all the express terms relating to the purchase.

(3) A pig purchase contract must contain a term that requires the business purchaser to act in good faith in relation to the contract.

(4) A pig purchase contract may not contain any terms that are contrary to the provisions of these Regulations.

Notice to disapply the Regulations

regulation 4 + 4.—(1) These Regulations do not apply in relation to the purchase of pigs where the qualifying seller gives notice in writing to the business purchaser that the Regulations do not apply.

(2) The notice for the purposes of paragraph (1) may either relate to—

regulation 4 2 i + (i)specified purchases, or

regulation 4 2 ii + (ii)all purchases within a specified period,

between the qualifying seller and the business purchaser.

(3) A notice given under paragraph (1) can be withdrawn by the qualifying seller at any time before the qualifying seller and business purchaser enter into a pig purchase contract for the purchases to which the notice relates.

PART 3Format and duration of pig purchase contract

Format of a pig purchase contract

regulation 5 + 5.—(1) A pig purchase contract must—

regulation 5 1 a + (a)be in writing; and

regulation 5 1 b + (b)be signed by all parties to the contract.

(2) An electronic signature is sufficient to satisfy the requirement in paragraph (1)(b).

(3) An “electronic signature” is so much of anything in electronic form as—

regulation 5 3 a + (a)is incorporated into or logically associated with any electronic communication or electronic data; and

regulation 5 3 b + (b)purports to be so incorporated or associated for the purposes of being used in establishing the authenticity of the communication or data, the integrity of the data, or both.

Duration of pig purchase contract

regulation 6 + 6.—(1) A pig purchase contract must be—

regulation 6 1 a + (a)a fixed-duration contract; or

regulation 6 1 b + (b)an evergreen contract.

(2) A “fixed-duration contract” is a pig purchase contract that will terminate—

regulation 6 2 a + (a)on the expiry of a specific period; or

regulation 6 2 b + (b)on a specified date.

(3) An “evergreen contract” is a pig purchase contract that will continue until one of the parties terminates it.

(4) A pig purchase contract must state whether it is a fixed-duration contract or an evergreen contract.

(5) A pig purchase contract must specify the date on which the obligation to supply pigs commences, if this is different from the date on which it is signed.

PART 4Pricing and payment

Permitted pricing

regulation 7 + 7.  A pig purchase contract must use—

regulation 7 a + (a)a fixed price;

regulation 7 b + (b)a variable price; or

regulation 7 c + (c)a combination of a fixed price and a variable price.

Use of a fixed price

regulation 8 + 8.—(1) Where a pig purchase contract uses a fixed price (whether or not in combination with a variable price), it must do so in accordance with this regulation.

(2) A “fixed price” is a price, set out in the pig purchase contract, that—

regulation 8 2 a + (a)is expressed per quantity of pigs; and

regulation 8 2 b + (b)will be paid by the business purchaser to the qualifying seller for pigs supplied under the contract.

(3) The pig purchase contract may set out more than one fixed price within the duration of the contract.

(4) The pig purchase contract must specify—

regulation 8 4 a + (a)the period within the duration of the contract to which each price relates; and

regulation 8 4 b + (b)the date on which each period begins and ends.

(5) The pig purchase contract must set out a procedure by which the price may be reviewed where exceptional market conditions occur.

(6) The pig purchase contract must set out what constitutes exceptional market conditions for the purpose of the procedure referred to in paragraph (5).

(7) The procedure referred to in paragraph (5) must provide that, where requested by the qualifying seller, the business purchaser must, within 30 days beginning with the date on which the request was made, invite the qualifying seller to enter into a discussion with the purpose of—

regulation 8 7 a + (a)reviewing the price payable under the pig purchase contract at the time of the exceptional market condition occurring; and

regulation 8 7 b + (b)where both of the parties agree, changing that price.

Use of a variable price

regulation 9 + 9.—(1) Where a pig purchase contract uses a variable price (whether or not in combination with a fixed price), it must do so in accordance with this regulation.

(2) A “variable price” is a price per quantity of pigs that is not fixed at the point that the pig purchase contract is made but is determined—

regulation 9 2 a + (a)in accordance with; or

regulation 9 2 b + (b)by the business purchaser with reference to,

factors set out in the pig purchase contract.

(3) Where the pig purchase contract makes provision in accordance with paragraph (2)(b), it must provide that the business purchaser must have due regard, as far as it is reasonably practicable to do so, to only the factors set out in the pig purchase contract when determining the price per quantity of pigs.

(4) The pig purchase contract may provide for the price per quantity of pigs to be determined by reference to more than one set of factors within the duration of the contract.

(5) Where the pig purchase contract accords with paragraph (4), it must specify—

regulation 9 5 a + (a)the period within the duration of the contract to which each set of factors relates; and

regulation 9 5 b + (b)the date on which each period begins and ends.

(6) The pig purchase contract must provide how often the price per quantity of pigs is to be determined.

(7) After the price per quantity of pigs is determined under the pig purchase contract, the qualifying seller may by written notice request that the business purchaser give them a written explanation as to—

regulation 9 7 a + (a)how the price was determined; and

regulation 9 7 b + (b)where the price per quantity of pigs is to be determined by the business purchaser, how the factors to which the business purchaser is to have due regard influenced the price.

(8) The notice described in paragraph (7) may be given once each time the price is determined.

(9) The business purchaser must give the explanation requested in the notice within 7 days beginning with the date on which the notice described in paragraph (7) was given.

(10) Paragraphs (7) to (9) do not apply if at least 97.5% of the price per quantity of pigs is determined in accordance with a formula set out in the contract using only objective factors that are—

regulation 9 10 a + (a)able to be expressed as a numerical value; and

regulation 9 10 b + (b)available to both of the parties.

Method and frequency of payment

regulation 10 + 10.  A pig purchase contract must set out—

regulation 10 a + (a)the first day on which;

regulation 10 b + (b)the method by which; and

regulation 10 c + (c)the frequency with which,

the business purchaser will pay the qualifying seller for pigs under the contract.

Referral of relevant variable price to independent third party

regulation 11 + 11.—(1) A pig purchase contract that uses a relevant variable price must include a third-party verification procedure.

(2) A “third-party verification procedure” is a procedure which enables a qualifying seller to refer an explanation given in accordance with regulation 9(9) to an independent person—

regulation 11 2 a + (a)for the purpose of seeking their professional opinion as to the extent to which any references to business-sensitive data are accurate; and

regulation 11 2 b + (b)to confirm that, in the reasonable, professional opinion of the independent person, the explanation is supported by the business-sensitive data.

(3) The business purchaser must—

regulation 11 3 a + (a)cooperate with the independent person, to such extent as is reasonably requested by the person; and

regulation 11 3 b + (b)provide such information or specified documents as are reasonably requested by the person.

(4) Paragraph (3) does not apply if the independent person does not confirm to the business purchaser that they will not share business-sensitive data without the business purchaser’s consent.

(5) The pig purchase contract must—

regulation 11 5 a + (a)provide that the independent person engaged to verify business-sensitive data is to be agreed upon by the business purchaser and qualifying seller; and

regulation 11 5 b + (b)provide for the costs of the independent person to be apportioned between the parties.

(6) But the pig purchase contract must provide that the qualifying seller may not be apportioned a greater share of the costs of engaging the independent person than is apportioned to the business purchaser.

(7) In this regulation,

“business-sensitive data” is data—

term relevant variable price + “relevant variable price” means a variable price which is determined with reference to business-sensitive data.

(8) Data is of a confidential nature if it is stated as being so in the pig purchase contract.

PART 5Quantity

Quantity to be supplied

regulation 12 + 12.—(1) A pig purchase contract must specify the quantity of pigs to be supplied in a given period.

(2) The quantity of pigs to be supplied in a given period may be specified as a maximum and minimum quantity of pigs that is to be supplied in that period.

(3) Where the pig purchase contract provides that the quantity of pigs to be supplied in a given period can be varied, the contract must specify the process by which, and frequency at which, that can be done.

(4) The pig purchase contract must include provision setting out the remedies available to the business purchaser if the qualifying seller provides a quantity of pigs that is below the minimum quantity specified for that period.

PART 6Miscellaneous

Collection or delivery of the pigs

regulation 13 + 13.—(1) A pig purchase contract must set out whether pigs supplied under the contract will be collected from the qualifying seller by, or on behalf of, the business purchaser or delivered to the business purchaser by, or on behalf of, the qualifying seller.

(2) The pig purchase contract must specify when, and how frequently, the collections or deliveries will occur.

(3) The pig purchase contract must set out the remedies available to the qualifying seller and the business purchaser if the collection or delivery of the pigs does not take place in accordance with the pig purchase contract.

Force majeure

regulation 14 + 14.—(1) A pig purchase contract must contain a provision setting out the effect on the business purchaser and qualifying seller of a force majeure event occurring.

(2) A pig purchase contract must set out specifically the acts, events or circumstances that constitute a force majeure event.

Notices under a pig purchase contract

regulation 15 + 15.—(1) A pig purchase contract must provide that any notice given under it must be—

regulation 15 1 a + (a)in writing;

regulation 15 1 b + (b)sent by electronic mail or a method of post that requires the recipient to sign on receipt; and

regulation 15 1 c + (c)where the notice is given by post, properly addressed and pre-paid.

(2) The pig purchase contract must provide that where the notice complies with the provision required by paragraph (1), service is deemed to be effected at the time at which the notice would be delivered—

regulation 15 2 a + (a)where electronic mail is used, in the ordinary course of using the electronic mail service; or

regulation 15 2 b + (b)where the notice is given by post, in the ordinary course of post.

(3) The pig purchase contract must state that the address for service by post for the parties is their ordinary business address unless a party specifies an alternative address.

Variation of terms

regulation 16 + 16.  A pig purchase contract must provide that the pig purchase contract’s terms may be varied only on agreement in writing between the business purchaser and the qualifying seller.

PART 7Dispute resolution

Dispute resolution

regulation 17 + 17.—(1) A pig purchase contract must set out a procedure according to which a qualifying seller may make a complaint to the business purchaser relating to the pig purchase contract.

(2) The procedure must provide—

regulation 17 2 a + (a)that the qualifying seller must make the complaint by giving a notice to the business purchaser;

regulation 17 2 b + (b)the contact details of a person to whom the qualifying seller may give the notice; and

regulation 17 2 c + (c)that, upon receiving the notice, the business purchaser must investigate, and take all reasonable steps to resolve, the complaint.

PART 8Termination

Termination

regulation 18 + 18.—(1) Unless it is a fixed-duration contract with a duration of 12 months or less, a pig purchase contract must set out a process in accordance with which the parties can terminate the contract by giving written notice to the other party (“the termination process”).

(2) The termination process must specify the period of notice that each party is required to give in order to terminate the pig purchase contract without the consent of the other party.

(3) The termination process must provide that any notice to terminate the contract must specify the date that the contract is to be terminated.

(4) A pig purchase contract must provide that the qualifying seller may immediately terminate the contract without the consent of the business purchaser by giving the business purchaser a written notice—

regulation 18 4 a + (a)where the business purchaser is insolvent;

regulation 18 4 b + (b)within 14 days of the qualifying seller becoming aware of there having been a material breach of the pig purchase contract by the business purchaser except for a failure to make a payment in accordance with the contract (in respect of which, see sub-paragraphs (c) and (d));

regulation 18 4 c + (c)where—

regulation 18 4 c i + (i)the business purchaser fails to make a payment in accordance with the pig purchase contract;

regulation 18 4 c ii + (ii)the qualifying seller gives notice to the business purchaser of that failure; and

regulation 18 4 c iii + (iii)the payment is not made within seven days of that notice being given,

within 21 days of that notice being given;

regulation 18 4 d + (d)within 14 days of the third occasion on which the business purchaser fails to make a payment in accordance with the pig purchase contract, whether or not any previous failures to pay have been remedied;

regulation 18 4 e + (e)within 14 days of the death of a relevant person; or

regulation 18 4 f + (f)within 14 days beginning with the day on which a requirement to pay a civil penalty or compensation is imposed on the business purchaser in respect of the pig purchase contract under regulation 20(1).

(5) A “relevant person” is a person named in the pig purchase contract whose death enables the pig purchase contract to be immediately terminated in accordance with paragraph (4)(e).

(6) A pig purchase contract may not contain any provision that—

regulation 18 6 a + (a)purports to allow the business purchaser to alter the pricing method or price per quantity of pigs under the contract as a consequence of notice to terminate the contract having been given; or

regulation 18 6 b + (b)purports to restrict the ability of a qualifying seller to give notice on a particular day.

PART 9Enforcement

Referral of complaint to the Secretary of State

regulation 19 + 19.—(1) A qualifying seller may refer a relevant complaint to the Secretary of State.

(2) A “relevant complaint” is a complaint that—

regulation 19 2 a + (a)a pig purchase contract to which the qualifying seller is a party is not compliant with the obligations of these Regulations; or

regulation 19 2 b + (b)the business purchaser has failed to comply with the obligation to provide an explanation in accordance with regulation 9(9) following a request by the qualifying seller under regulation 9(7) (request for explanation regarding pricing).

(3) To refer a relevant complaint, a qualifying seller must give a written notice to the Secretary of State that includes—

regulation 19 3 a + (a)the details of the alleged failure to comply;

regulation 19 3 b + (b)any evidence of the alleged failure to comply;

regulation 19 3 c + (c)a statement as to whether the qualifying seller is seeking compensation from the business purchaser concerned;

regulation 19 3 d + (d)the amount of any compensation sought; and

regulation 19 3 e + (e)the reasons why such compensation is sought.

(4) A relevant complaint may not be referred to the Secretary of State unless—

regulation 19 4 a + (a)the qualifying seller has made the complaint, or, in the opinion of the Secretary of State, a substantially similar complaint, to the business purchaser under the pig purchase contract’s dispute resolution procedure (see regulation 17) and 28 days have passed beginning with the day on which the complaint was made to the business purchaser; or

regulation 19 4 b + (b)the pig purchase contract makes no provision for a dispute resolution procedure or otherwise fails to comply with regulation 17.

(5) A qualifying seller may not refer a relevant complaint to the Secretary of State that the Secretary of State has already decided unless—

regulation 19 5 a + (a)new evidence is available; and

regulation 19 5 b + (b)the decision made by the Secretary of State was that no requirement was to be imposed under regulation 20(1).

(6) After receiving the relevant complaint, the Secretary of State must give a notice to the business purchaser that—

regulation 19 6 a + (a)includes the relevant complaint;

regulation 19 6 b + (b)asks the business purchaser to respond to the allegations made in the complaint; and

regulation 19 6 c + (c)gives a date by which the business purchaser must reply.

(7) The Secretary of State may—

regulation 19 7 a + (a)investigate a case where a relevant complaint is referred to the Secretary of State;

regulation 19 7 b + (b)require the parties to the pig purchase contract to submit evidence relating to the relevant complaint;

regulation 19 7 c + (c)consider other failures to comply with these Regulations that did not form part of the complaint made to the business purchaser.

(8) Evidence able to be requested by the Secretary of State includes—

regulation 19 8 a + (a)documents, including those in digital format, in the possession, or under the control, of the party;

regulation 19 8 b + (b)witness evidence, whether provided by way of a written statement or orally; and

regulation 19 8 c + (c)any other evidence the Secretary of State considers relevant.

(9) A request for evidence under paragraph (7)(b) must be in writing and include—

regulation 19 9 a + (a)a statement that the request is made under paragraph (7)(b);

regulation 19 9 b + (b)the name, or a description, of the person from whom the evidence is being requested;

regulation 19 9 c + (c)a description of the evidence being requested;

regulation 19 9 d + (d)the method by which the evidence is required to be submitted;

regulation 19 9 e + (e)the address to which the evidence is to be sent;

regulation 19 9 f + (f)the period within which the evidence is to be provided; and

regulation 19 9 g + (g)a statement that failing to comply with the request—

regulation 19 9 g i + (i)may cause the Secretary of State to draw an adverse inference against the person in respect of the complaint; or

regulation 19 9 g ii + (ii)may lead to civil proceedings being brought to obtain the evidence (in respect of which, see paragraph (12)).

(10) The address referred to in paragraph (9)(e) may be an electronic address.

(11) The business purchaser must cooperate with an investigation of the Secretary of State under paragraph (7)(a).

(12) The Secretary of State may enforce the requirement to provide evidence by bringing civil proceedings to obtain—

regulation 19 12 a + (a)in England and Wales or Northern Ireland, an injunction;

regulation 19 12 b + (b)in Scotland, an order for specific performance under section 45 of the Court of Session Act 1988(4).

Power to impose a civil penalty or require compensation

regulation 20 + 20.—(1) Where the Secretary of State finds that a business purchaser has failed to comply with a requirement under these Regulations, the Secretary of State may require the business purchaser to pay either, or both, of the following—

regulation 20 1 a + (a)a civil penalty;

regulation 20 1 b + (b)compensation to the qualifying seller.

(2) A business purchaser may be required to pay a civil penalty or compensation in respect of each and every failure to comply with these Regulations.

(3) The maximum amount of a civil penalty is 1% of the business purchaser’s turnover.

(4) The Secretary of State may recover any unpaid civil penalty as a debt.

(5) Sums received by the Secretary of State as payment for civil penalties are to be paid into the consolidated fund.

(6) A business purchaser’s “turnover” is the business purchaser’s applicable turnover for the business year preceding the date of the notice of decision under regulation 24.

(7) Where the business year preceding the date of the decision notice did not equal twelve months, the turnover is the business purchaser’s applicable turnover for that business year divided by the number of months in that business year and multiplied by twelve.

(8) Where there was no preceding business year, the turnover is the applicable turnover for the twelve months ending on the last day of the month preceding the month in which the Secretary of State gave the decision notice to the business purchaser.

(9) Where in the application of paragraph (8) the business purchaser has turnover for a period of less than twelve months, the turnover is the applicable turnover in that period divided by the number of months in that period and multiplied by twelve.

(10) In this regulation—

“applicable turnover” is the sum of—

after deduction of trade discounts, value added tax and other taxes based on the amounts so derived or received;

term business year + “business year” means a period of more than six months in respect of which a business purchaser published accounts or, if no such accounts were published for the period, prepared accounts.

(11) Amounts are to be calculated in conformity with generally accepted accounting principles and practices.

Requirement of the Secretary of State to publish guidance

regulation 21 + 21.—(1) The Secretary of State must publish guidance relating to the imposition of a requirement under regulation 20(1).

(2) The guidance must include—

regulation 21 2 a + (a)the matters to be taken into account in determining the amount of the civil penalty or compensation payable;

regulation 21 2 b + (b)the rights of the business purchaser and qualifying seller to make representations under regulation 23;

regulation 21 2 c + (c)the right of the business purchaser and qualifying seller to appeal against a decision to impose a requirement.

(3) The guidance must be reviewed and revised from time to time.

(4) The Secretary of State must have regard to the guidance when exercising the power in regulation 20(1).

Notice of intent

regulation 22 + 22.—(1) Where the Secretary of State proposes to require a business purchaser to pay a civil penalty or pay compensation, the Secretary of State must first give them a notice of intent.

(2) A “notice of intent” is a written notice including—

regulation 22 2 a + (a)a description of the breach which the Secretary of State considers has been committed;

regulation 22 2 b + (b)the evidence being relied upon;

regulation 22 2 c + (c)the requirement under regulation 20(1) the Secretary of State proposes to impose; and

regulation 22 2 d + (d)a statement that the business purchaser has a right to make representations in accordance with regulation 23 and how to make such representations.

(3) Before the expiry of 7 days beginning with the day after the day on which the Secretary of State gives a notice of intent, the Secretary of State must send—

regulation 22 3 a + (a)a copy of the notice of intent to the qualifying seller; and

regulation 22 3 b + (b)where the Secretary of State proposes to require the business purchaser to pay compensation to a qualifying seller, a written notice setting out that qualifying seller’s right to make representations in respect of the compensation.

Representations

regulation 23 + 23.—(1) A business purchaser to whom a notice of intent is given may, within 28 days beginning with the day on which the notice was received, make written representations to the Secretary of State in relation to the proposed requirement to pay a civil penalty or pay compensation.

(2) A qualifying seller who is notified under regulation 22(3)(b) that the Secretary of State proposes to require the business purchaser to pay compensation to them may, within 28 days beginning with the day on which the notice was received, make written representations to the Secretary of State in relation to the amount of that compensation.

Notice of decision

regulation 24 + 24.—(1) After the expiry of both periods within which the business purchaser and qualifying seller may make representations under regulation 23, the Secretary of State must decide whether to impose a requirement under regulation 20(1).

(2) Where the Secretary of State decides to impose a requirement, it may be that set out in the notice of intent, or a different requirement.

(3) A business purchaser required to pay a civil penalty or pay compensation under regulation 20(1) must do so within 28 days of receiving a notice of decision under paragraph (4).

(4) Where the Secretary of State makes a decision under paragraph (1), the Secretary of State must give a written notice (a “notice of decision”) to the business purchaser setting out—

regulation 24 4 a + (a)where the decision is to impose a requirement under regulation 20(1)—

regulation 24 4 a i + (i)the requirement being imposed;

regulation 24 4 a ii + (ii)the reasons for imposing the requirement;

regulation 24 4 a iii + (iii)the amount to be paid by the business purchaser in respect of each requirement imposed under regulation 20(1);

regulation 24 4 a iv + (iv)an explanation as to how the amount has been calculated;

regulation 24 4 a v + (v)how payment may be made;

regulation 24 4 a vi + (vi)that payment is due within 28 days of the receipt of the notice of decision;

regulation 24 4 a vii + (vii)information about the right to appeal against the imposition of a requirement under regulation 25; and

regulation 24 4 a viii + (viii)where the Secretary of State decides to impose a civil penalty, that the Secretary of State is entitled to recover any unpaid civil penalty as a debt; or

regulation 24 4 b + (b)where the decision is not to impose a requirement under regulation 20(1)—

regulation 24 4 b i + (i)that decision; and

regulation 24 4 b ii + (ii)the reasons for reaching the decision.

(5) Before the expiry of 7 days beginning with the day after the day on which the Secretary of State gives a notice of decision, the Secretary of State must send a copy of the notice to the qualifying seller.

(6) Where the Secretary of State—

regulation 24 6 a + (a)requires the business purchaser to pay compensation to a qualifying seller; or

regulation 24 6 b + (b)decides not to impose a requirement under regulation 20(1) on the business purchaser,

the Secretary of State must include with the copy of the notice of decision under paragraph (5) a written notice setting out the qualifying seller’s right to appeal under regulation 25(2).

Appeals

regulation 25 + 25.—(1) A business purchaser on whom a requirement has been imposed under regulation 20(1) may appeal against—

regulation 25 1 a + (a)the imposition of the requirement;

regulation 25 1 b + (b)the amount of any civil penalty they have been ordered to pay; or

regulation 25 1 c + (c)the amount of any compensation they have been ordered to pay.

(2) A relevant qualifying seller may appeal against—

regulation 25 2 a + (a)a decision of the Secretary of State under regulation 24(1) not to impose a requirement on a relevant business purchaser; or

regulation 25 2 b + (b)the amount of any compensation a relevant business purchaser has been ordered to pay.

(3) An appeal under paragraph (1) or (2) is to be made to the First-Tier Tribunal.

(4) The time limit for payment of a civil penalty or compensation under regulation 24(3) is paused until the appeal is concluded.

(5) Paragraph (6) applies where, following an appeal under this regulation, the First-Tier Tribunal affirms the decision of the Secretary of State or orders the business purchaser to pay any amount to the Secretary of State or qualifying seller.

(6) The business purchaser must make the payment before the expiry of 28 days beginning with the date of the First-Tier Tribunal’s judgment, minus the number of days that expired (if any) between the date on which the business purchaser received the notice of decision and the date on which the appeal was filed.

(7) An appeal under this regulation may be determined having regard to matters of which the Secretary of State was unaware.

(8) In this regulation—

term notice of decision + “notice of decision” has the meaning given in regulation 24(4);

term relevant business purchaser + term relevant qualifying seller + “relevant qualifying seller” means the qualifying seller who referred the complaint to the Secretary of State that resulted in the Secretary of State making a decision under regulation 24(1) and “relevant business purchaser” means the business purchaser against whom the complaint was made.

PART 10Review

Review

regulation 26 + 26.—(1) The Secretary of State must from time to time—

regulation 26 1 a + (a)carry out a review of the regulatory provision contained in these Regulations; and

regulation 26 1 b + (b)publish a report setting out the conclusions of the review.

(2) The first report must be published before the expiry of 5 years, beginning with the commencement date.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(5) requires that a report published under this regulation must, in particular—

regulation 26 4 a + (a)set out the objectives intended to be achieved by the regulatory provision contained in these Regulations;

regulation 26 4 b + (b)assess the extent to which those objectives are achieved;

regulation 26 4 c + (c)assess whether those objectives remain appropriate; and

regulation 26 4 d + (d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation—

term the commencement date + “the commencement date” has the meaning given in regulation 1;

term regulatory provision + “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32(4) of that Act).

PART 11Amendment of the Fair Dealing Obligations (Milk) Regulations 2024

Amendment of the Fair Dealing Obligations (Milk) Regulations 2024

regulation 27 + 27.—(1) The Fair Dealing Obligations (Milk) Regulations 2024(6) is amended as follows.

(2) In regulation 9 (tiered pricing), after paragraph (1), insert—

“(1A) Paragraph (1) does not apply to an exclusive milk purchase contract made by a business purchaser which has an internal democratic structure when purchasing milk from a producer member(7).

(1B) Where an exclusive milk purchase contract referred to in paragraph (1A) provides that the price to be paid for milk under the contract changes if the amount of milk provided by the producer exceeds a certain volume, it must do so in accordance with paragraphs (1C) to (1E).

(1C) The milk purchase contract must set out the amount by which the price is to change as a numerical value per unit of milk or milk constituent.

(1D) The milk purchase contract must specify the volume of milk above which the change in price is to apply.

(1E) The milk purchase contract may set out different amounts by which the price is to change that apply to different volumes of milk produced.”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in respect of commercial contracts for the purchase of pigs between persons purchasing pigs in the course of carrying on their business (business purchasers) and qualifying sellers.

Regulation 3 requires a business purchaser to use a “pig purchase contract” that complies with these Regulations when purchasing pigs from a qualifying seller, and makes general provision about the use of pig purchase contracts.

Regulation 4 provides that these Regulations do not apply to purchases of pigs where the qualifying seller gives notice to that effect to the business purchaser.

Regulation 5 makes provision about the format of the pig purchase contract. Regulation 6 provides that the duration of the pig purchase contract must either be fixed or evergreen (as defined). Regulation 7 sets out the permitted pricing models.

Regulation 8 makes provision in relation to fixed price pig purchase contracts, including provision about the review of the fixed price in exceptional market conditions. Regulation 9 makes provision in relation to variable price pig purchase contracts. Regulation 10 makes provision about the method and frequency of payment.

Regulation 11 provides that where business-sensitive data (as defined) is used in relation to a variable price, the pig purchase contract must provide that the qualifying seller may refer the explanation given under regulation 9 to an independent person for verification.

Regulation 12 makes provision as to the quantity of pigs to be supplied under a pig purchase contract, including provision as to remedies that are available to the business purchaser when the amount of pig is below the minimum quantity specified in the contract.

Regulation 13 makes provision for the terms relating to the collection or delivery of pigs by the business purchaser or the qualifying seller respectively. Regulation 14 requires pig purchase contracts to contain force majeure clauses.

Regulation 15 makes provision for the requirements in pig purchase contracts relating to the giving of notices under them. Regulation 16 makes provision for the variation of terms of a pig purchase contract. Regulation 17 requires pig purchase contracts to contain a dispute resolution procedure. Regulation 18 makes provision concerning termination of pig purchase contracts.

Regulation 19 provides that a qualifying seller may refer a complaint relating to the compliance of the pig purchase contract with the requirements of these Regulations to the Secretary of State. Regulation 20 gives the Secretary of State powers to impose a civil penalty on a business purchaser found to have failed to comply with their obligations, and to require the payment of compensation. Regulation 21 requires the Secretary of State to publish guidance on those powers, and regulations 22 to 24 set out the applicable procedure where they are exercised. Regulation 25 makes provision in relation to appeals.

Regulation 26 makes provision for the Secretary of State to review these Regulations.

Regulation 27 makes amendments to regulation 9 (tiered pricing) of the Fair Dealing Obligations (Milk) Regulations 2024 (S.I. 2024/537). The amendment allows exclusive milk purchase contracts made by a business purchaser which has an internal democratic structure to include provisions that provide for the price to be paid for milk under the contract to change if the amount of milk produced exceeds a certain volume, provided the contract sets out the amount by which the price is to change as a numerical value per unit of milk and specifies the volume of milk above which the change in price is to apply.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. A de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses but the net impact is estimated to be below £5 million per year. It is available from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London, SW1P 4DF.