The Organic Aid (Scotland) Amendment Regulations 2005

Amendment of regulation 2 (interpretation)

3.—(1) In regulation 2 (interpretation) in paragraph (1)–

(a) after the definition of “application” insert–

““arable land” means–

(a)

land which was in an arable crop in one or more years during the 5 years prior to 15th May 2003; and

(b)

from 2006 and for subsequent years, land which was in an arable crop (or under set-aside or lying fallow as part of a normal crop rotation) in one or more years during the 5 years prior to 15th May in the year of application for aid under these Regulations;”; and

omit the definition of “eligible arable land”;

(b) for the definition of “Commission Regulation” substitute–

““Commission Regulation” means Commission Regulation (EC) No. 817/2004(1) laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF);”;

(c) after the definition of “first certificate of registration” insert–

““formally in conversion” means that the necessary formal written consent has been obtained by the applicant from a private inspection body that the land is in conversion;”;

(d) in the definition of “improved grassland” after “either land” insert “in permanent pasture”;

(e) for the definition of “landlord” substitute–

““landlord” means–

(a)

in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the landlord within the meaning of section 85 of the 1991 Act;

(b)

in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the landlord within the meaning of section 93 of that Act;

(c)

in the case of a croft within the meaning of the 1993 Act, the landlord within the meaning of section 61(1) of that Act;

(d)

in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the same as it means in the 1911 Act,

and, where appropriate, includes a head tenant;”;

(f) after the definition of “organic production unit” insert–

““permanent pasture” means land used to grow grasses or other herbaceous forage naturally (self seeded) or through cultivation (sown) and that is not included in the crop rotation for 5 years or longer;”

(g) in the definition of “rough grazings” after “land” insert “in permanent pasture”;

(h) for the definition of “tenant” substitute–

““tenant” means–

(a)

in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the tenant within the meaning of section 85 of the 1991 Act;

(b)

in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the tenant within the meaning of section 93 of that Act;

(c)

in the case of a croft within the meaning of the 1993 Act, the crofter within the meaning of section 3(3) of that Act;

(d)

in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the landholder within the meaning of section 2(2) of the 1911 Act,

and, where appropriate, includes a sub-tenant;” and

(i) in the definition of “the Organic Standards Compendium” for “December 2003” substitute “April 2005” and for “of” where it occurs the second time substitute “for”.

(2) In regulation 2 after paragraph (2) insert–

“(3) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000(2) which has been recorded and is consequently capable of being reproduced.”.

(1)

O.J. No. L 153, 30.4.2004, p.30.

(2)

2000 c. 7.