265ARecommendation for levies payable in year commencing 1 October 2003 and subsequent years

1. In making a recommendation under section 264 in respect of levies payable in the year commencing on 1 October 2003, the Minister must—

2. first calculate the amount for each stock or other grouping that it would be appropriate to recover by way of levy as if there had been no under-recovery or over-recovery of costs in respect of the period 1 October 1994 to 30 September 2002 (both dates inclusive); and
3. then—
   1. in the case of a stock or other grouping listed in Part 1 of Schedule 9A, reduce that amount by the relevant settlement sum allocated to that stock or other grouping in that schedule (or by so much of that settlement sum as would reduce the amount to zero):
   2. in the case of a stock listed in Part 2 of Schedule 9A, increase that amount by the relevant settlement sum allocated to that stock in that schedule.

4. In making a recommendation under section 264 in respect of levies payable in the year commencing on 1 October 2004 or in any subsequent year, the Minister must, after calculating the amount that it would be appropriate to recover by way of levy under this Part for any stock or other grouping listed in Part 1 of Schedule 9A, reduce that amount by the remaining balance (if any) of the relevant settlement sum allocated to that stock or other grouping in that schedule (or by so much of the remaining balance as would reduce the amount to zero).

5. Where the Minister makes a recommendation under section 264 that results in an order amending a levy already fixed for any stock or other grouping for the relevant year, the Minister must, where appropriate,—

6. adjust the remaining balance of the settlement sum for the stock or other grouping to reflect the effect of the amendment when taken together with the effect of the original levy order; and
7. notify the adjusted remaining balance in accordance with subsection (5).

8. For the purposes of subsections (2) and (3) and section 265, in determining the amount that it would be appropriate to recover by way of levy under this Part before the need (if any) to reduce that amount by any settlement sum,—

9. no regard is to be had to the costs of any conservation services or fisheries services incurred by the Crown in any financial year ending on or before 30 September 2002, except where those costs arise from conservation services or fisheries services initiated but not completed on or before 30 September 2002; and
10. any previous reduction in the amount of costs recovered or recoverable by virtue of the application of any settlement sum under this section must be disregarded.

11. The Minister must, as soon as practicable after making any recommendation under section 264 that has required an adjustment under subsection (1)(b)(i) or subsection (2) or subsection (3), state the remaining balance for each affected stock or grouping by notice in the Gazette.

12. In this section, remaining balance means the relevant settlement sum allocated to a stock or grouping under Part 1 of Schedule 9A less all previous adjustments made by the Minister under subsection (1)(b)(i) or subsection (2), and less or plus (as the case may require) any adjustments made by the Minister under subsection (3).