The Less Favoured Area Support Scheme (Scotland) Regulations 2001

Regulation 8

SCHEDULE 1 RATES FOR PAYMENT OF LESS FAVOURED AREA SUPPORT

FARM TYPE	RATES PER HECTARE
	Improved Pasture	Rough Grazing
Moorland Holdings	£30.40	£6.10
South Upland Holdings	£39.40	£7.90
Northern Upland Holdings	£45.00	£9.00

Regulation 2(1)

SCHEDULE 2 MINIMUM STOCKING DENSITY

Moorland holding	0.08	LU/ha
Northern Upland holding	0.27	LU/ha
Southern Upland holding	0.38	LU/ha

Regulation 2(1)

SCHEDULE 3

PART I AVERAGE STOCKING DENSITY

Moorland holding	0.16	LU/ha
Northern Upland holding	0.54	LU/ha
Southern Upland holding	0.76	LU/ha

PART II FORMULA

Regulation 2(1)

SCHEDULE 4

PART I CALCULATION OF LIVESTOCK UNITS (“LU”)

For Small Milk Producers and Non-Dairy Farmers:
Number of Suckler Cows claimed and eligible for SCPS 2000	X 1.0 = A LU
For Dairy farmers (excluding small milk producers eligible for SCPS 2000):
Number of Suckler Cows and heifers over 24 months	X 1.0 = B1 LU
Number of heifers over 8 months and up to including 24 months	X 0.6 = B2 LU
For Ring-fenced dairy farmers:
Litres of Milk Quota	/ 5730 = C LU
For all claimants
Number of Breeding Ewes claimed and eligible for SAPS for 2000	X 0.15 = D LU
Number of Breeding Female Goats	X 0.15 = E LU
Number of Breeding Female Alpaca	X 0.3 = F LU
Number of Breeding Female Deer	X 0.6 = G LU

PART II CALCULATION OF STOCKING DENSITY

Total LFASS Livestock Units (A+B1+B2+C+D+E+F+G)	=	H
Total Forage Area (in hectares)	=	I
Stocking Density (to two decimal places)	=	H divided by I

Regulation 2(1)

SCHEDULE 5 USUAL GOOD FARM PRACTICES

PART I ENVIRONMENTAL LEGISLATION

Water pollution

1.  Control of Pollution Act 1974 (c. 40).

2.  Control of Pollution (Silage, Slurry and Agricultural Fuel Oil (Scotland) Regulations 1991 (S.I. 1991/346).

3.  The Groundwater Regulations 1998 (S.I. 1998/2746 as amended by the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323)).

Air pollution

4.  Clean Air Act 1993 (c. 11).

5.  Hill Farming Act 1946 (c. 73).

Fertilisers and Pesticides

6.  The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998 (S.I. 1998/2927).

7.  Part III of the Food and Environment Protection Act 1985 (c. 48) and Control of Pesticides Regulations 1986, (S.I. 1986/1510) as amended by the Food Safety Act 1990 (Consequential Modifications (No 2) (Great Britain) Order 1990 (S.I. 1990/2487)), the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 (S.I. 1994/3142) and the Control of Pesticides (Amendment) Regulations 1997 (S.I. 1997/199).

8.  Plant Protection Products Regulations 1995 (S.I. 1995/.887 amended by the Plant Protection Products (Amendment) Regulations 1996 (S.I. 1996/1940), the Plant Protection Products (Amendment) Regulations 1997 (S.I. 1997/7), the Plant Protection Products (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2499) and the Plant Protection Products (Amendment) Regulations 1998 (S.I. 1998/32760) and the Plant Protection Products (Amendment) Regulations 1999 (S.I. 1999/1228).

Designated sites

9.  Ancient Monuments and Archaeological Areas Act 1979 (c. 46).

10.  Wildlife and Countryside Act 1981 (c. 69).

11.  The Conservation (Natural Habitats etc.) Regulations 1994 (S.I. 1994/2716 as amended by S.I. 1997/3055).

12.  Ancient Monuments (Class Consents) (Scotland) Order 1996 (S.I. 1996/1507).

Forestry Management

13.  Forestry Act 1967 (c. 10).

PART II VERIFIABLE STANDARDS

1.  An authorised person is empowered to examine records held as evidence that notification has been given to the Scottish Environment Protection Agency prior to using a new silage or slurry storage facility.

2.  An authorised person is empowered to examine records held as evidence that prior approval to the disposal of sheep dip on a holding has been obtained from the Scottish Environment Protection Agency.

3.  Trimming of hedgerows must not be carried out between 1st March and 31st July.

4.  Removal or destruction of any hedges, stone walls or other boundary features shall not be allowed except with the prior written agreement of the Scottish Ministers.

5.  An authorised person is empowered to examine records held as evidence that prior approval to any operations on a holding which are likely to damage Sites of Special Scientific Interests designated pursuant to section 28 of the Wildlife and Countryside Act 1981(1) has been notified to Scottish Natural Heritage.

6.  Livestock shall be managed in such a way as to avoid overgrazing. Where the Scottish Ministers form the opinion that land was being overgrazed, a management regime including a maximum) and, where appropriate, a minimum) stocking rate to be observed on that site will be prescribed. Overgrazing is defined as grazing land with livestock in such numbers as to adversely affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree.

7.  Unsuitable supplementary feeding methods shall be avoided.

8.  Undergrazing shall be avoided. “Undergrazing” has the meaning of not using land fully or scrub or coarse becoming evident, where it is detrimental to the environmental interest of the site.

Regulation 15

SCHEDULE 6 AGENCY AND CROSS BORDER HOLDINGS

Agency arrangements

1.  The Scottish Ministers may, with the agreement of any competent authority (as defined for the purposes of the Integrated Administration and Control System Regulations 2000), arrange for any of their functions under these Regulations in relation to any claim to be exercised on their behalf by that competent authority.

2.  The Scottish Ministers may also agree to exercise functions on behalf of another competent authority corresponding to those which are exercisable by the Scottish Ministers under these Regulations.

3.  Any such arrangement shall be in writing and be signed by or on behalf of the Minister and the competent authority and any such arrangement may be subject to such conditions (including conditions as to the costs and charge for costs) as may be agreed from time to time.

Set off

4.  Without prejudice to the amount of any sum payable by the Scottish Ministers to any other competent authority, the amount of any sum payable by the Scottish Ministers, whether as principal or agent, by way of a specified payment may be set off against the amount of any sum recoverable by the Scottish Ministers, whether as principal or agent.

Calculation of payments in respect of cross border holdings

5.  Where any holding in respect of which a claim has been made is a cross border holding, Scottish Ministers may pay, on such occasions as they consider fit, in respect of the Scheme Year in question to an applicant less favoured area support for carrying out eligible agricultural activity on eligible land, providing the applicant has declared the eligible land in an area aid application which has been treated as a valid application by the competent authority concerned.

6.  Whether the eligible agricultural activity undertaken on the eligible land is an integral part of the management of the whole holding or independently managed, Scottish Ministers shall only pay less favoured area support in respect of the eligible agricultural activity actually undertaken on eligible land defined as a less favoured area for the purposes of this instrument.

7.  Applicants in respect of cross border holdings are required to supply such information as authorised persons may reasonably require to assess the eligible agricultural activity actually undertaken on eligible land defined as a less favoured area for the purposes of this instrument.

8.  All conditions applying to applicants in respect of holdings lying wholly within the less favoured areas shall apply equally to applicants in respect of cross border holdings.

(1)

1981 (c. 69)