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The Hill Livestock (Compensatory Allowances) (Scotland) Regulations 1999

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Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

  • “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

  • “the appropriate authority” means in relation to claimants who maintain breeding cows or ewes on eligible land included in an area aid application submitted to the Secretary of State for Scotland in 1999, the Scottish Ministers;

  • “area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92;

  • “authorised person” means a person (whether or not an officer of the appropriate authority concerned) who is authorised by the appropriate authority, either generally or specially, to act in matters arising under these Regulations;

  • “breeding cow” means a female bovine animal comprised in a regular breeding herd which is not maintained primarily for the production of milk and which–

    (a)

    has borne a calf on or before the day on which a claim is lodged for a compensatory allowance for it or, in the case of a claim accepted as valid pursuant to regulation 11(4) below on the day the claim was received by the appropriate authority, and is, or was, capable of lactation on that day; or

    (b)

    has not yet borne a calf but is in calf on the day on which a claim is lodged for a compensatory allowance for it, or, in the case of a claim accepted as valid pursuant to regulation 11(4), on the day the claim was received by the appropriate authority, and

    (i)

    has been added to the herd to replace, for the purposes of an application for the premium for maintaining suckler cows made in 1999 pursuant to regulation 3 of the 1993 Suckler Cow Regulations, an animal included in that application, and

    (ii)

    was in calf when it was so added to the herd, and

    (iii)

    is otherwise eligible for the said premium;

  • “claimant” means a person who has made a claim for a compensatory allowance under these Regulations;

  • “Commission Regulation 2385/91” means Commission Regulation (EEC) No. 2385/91 laying down detailed rules for certain special cases regarding the definition of sheepmeat and goatmeat producers and producer groups(1);

  • “Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(2);

  • “Commission Regulation 1750/1999” means Commission Regulation (EC) No. 1750/1999 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)(3);

  • “compensatory allowance” means the allowance payable under regulation 3;

  • “Council Regulation 3493/90” means Council Regulation (EEC) No. 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers(4);

  • “Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing a integrated administration and control system for certain Community aid schemes(5);

  • “Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(6) as read with Commission Regulation No. 2603/1999 laying down transitional rules for rural development support(7);

  • “designated maps” means–

    (a)

    in relation to Scotland, the four maps numbered 1 to 4, each map being marked “map of less favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Executive Rural Affairs Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW; and

    (b)

    in relation to land in England or Wales in respect of which the Scottish Ministers are the appropriate authority–

    (i)

    in relation to England, the three volumes of maps numbered 1 to 3, each volume being marked “volume of maps of less favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX; and

    (ii)

    in relation to Wales, the two volumes of maps numbered 1 and 2, each volume being marked “volume of maps of less favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the National Assembly for Wales Agriculture Department at Cathays Park, Cardiff CF1 3NQ;

  • “disadvantaged land” (except in the expression “severely disadvantaged land”) means–

    (a)

    the land shown coloured blue or pink on the designated maps for Scotland–

    (i)

    which is in the opinion of the appropriate authority inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on that land, and

    (ii)

    whose agricultural production is in the opinion of the appropriate authority restricted (but not severely restricted) in its range by soil, relief, aspect or climate; and

    (b)

    in relation to land in England or Wales in respect of which the Scottish Ministers are the appropriate authority the land shown coloured blue on the designated maps for England and Wales;

  • “eligible land” means an area of land of not less than 3 hectares which is severely disadvantaged land or disadvantaged land;

  • “ewe” means a female sheep which is at least one year old on 1st January 2000 and is comprised in a qualified flock;

  • “forage area” has the same meaning as in Commission Regulation 3887/92 and must fulfil the requirement in Article 2(1)(c) of that Regulation;

  • “hardy breed or hardy cross breed” means a breed or cross breed of sheep which is in the opinion of the appropriate authority suitable for breeding and rearing on land where the severity of the permanent natural handicaps affecting the breeding and rearing of sheep on it is greater than that affecting the breeding and rearing of sheep on severely disadvantaged land generally;

  • “husbandry practice” includes practice in relation to the grazing and feeding of livestock;

  • “livestock unit” means a unit of measurement of livestock numbers, and the following constitute a single livestock unit:–

    (a)

    one breeding cow;

    (b)

    one in calf bovine animal used to replace a breeding cow in accordance with regulation 9(1);

    (c)

    6.67 ewes; or

    (d)

    6.67 female sheep (not being ewes) used to replace ewes in accordance with regulation 9(3);

  • “the 1996 Order” means the Sheep and Goats (Records, Identification and Movement) Order 1996(8);

  • “overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality of species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;

  • “production unit” has the same meaning as in Council Regulation 3508/92;

  • “qualified flock” means a flock of sheep which is usually kept on a production unit which includes disadvantaged land or severely disadvantaged land and which is, in the opinion of the appropriate authority–

    (a)

    maintained primarily for the purpose of breeding and rearing lambs; and

    (b)

    maintained and managed in accordance with sound husbandry practice,

    and includes a specially qualified flock;

  • “regular breeding herd” means a heard of cattle which is usually kept on a production unit which includes disadvantaged land or severely disadvantaged land and which is, in the opinion of the appropriate authority–

    (a)

    maintained primarily for the purpose of breeding and rearing calves; and

    (b)

    maintained and managed in accordance with sound husbandry practice;

  • “the 1975 Regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1975(9);

  • “the 1979 Regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1979(10)

  • “the 1984 Regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1984(11);

  • “the 1994 Regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1994(12);

  • “the 1996 Regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1996(13);

  • “the 1998 Regulations” means the Cattle Identification Regulations 1998(14);

  • “relevant afforested land” means land which in the opinion of the appropriate authority was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of the land under the 1975 Regulations, the 1979 Regulations or the 1984 Regulations before the date when the conversion to forest was completed; but land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date on which such conversion was completed;

  • “retention period” means the minimum period for which the claimant must maintain animals for which a compensatory allowance is claimed, which is–

    (a)

    in relation to breeding cows, where a claim for a compensatory allowance for those breeding cows is lodged in accordance with Regulation 11(1), three months commencing on the day after that on which the claim is lodged;

    (b)

    in relation to breeding cows, where a claim for a compensatory allowance for those breeding cows is received by the appropriate authority before the day on which these Regulations come into force, and accepted as valid pursuant to regulation 11(4), a period commencing on that day and expiring at the end of a three month period commencing on the day after that on which the claim was received; and

    (c)

    in relation to ewes, 100 days commencing on the last day provided for in regulation 11(2) for lodging a claim for a compensatory allowance for ewes.

  • “retirement pension” means a category A and category B pension within the meaning of section 20(1)(f) of the Social Security Contributions and Benefits Act 1992(15), a category C and category D pension within the meaning of section 63(f) of that Act, or graduated retirement benefit as referred to in Schedule 1 to the 1978 Social Security Regulations;

  • “Scheme Year” means the calendar year 2000;

  • “severely disadvantaged land” means–

    (a)

    the land shown coloured pink on the designated maps for Scotland–

    (i)

    which is in the opinion of the appropriate authority inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on that land, and

    (ii)

    whose agricultural production is in the opinion of the appropriate authority severely restricted in its range by soil, relief, aspect or climate;

    (b)

    in relation to land in England or Wales in respect of which the Scottish Ministers are the appropriate authority the land shown coloured pink on the designated maps for England and Wales and land situated in the Isles of Scilly.

  • “the 1992 Sheep Regulations” means the Sheep Annual Premium Regulations 1992(16);

  • “the 1978 Social Security Regulations” means the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978(17);

  • “specially qualified flock” means a qualified flock–

    (a)

    in which all or, in the opinion of the appropriate authority, substantially all, of the ewes comprised in the flock are of any hardy breed or hardy cross breed;

    (b)

    in which the ewes are, in the opinion of the appropriate authority, maintained in three distinct age groups; and

    (c)

    which,

    (i)

    in relation to a production unit situated wholly in Scotland, is maintained or substantially maintained on severely disadvantaged land suitable for use for the maintenance of a hardy breed or hardy cross breed but not sheep of other breeds, or

    (ii)

    in relation to a production unit situated wholly in England or Wales (or partly situated in England or in Wales and partly situated in Scotland) is maintained on severally disadvantaged land or on such land and other land used with it.

  • “specified control measure” means any check which a member state is required to carry out under Article 47 of Commission Regulation 1750/1999;

  • “the 1993 Suckler Cow Regulations” means the Suckler Cow Premium Regulations 1993(18);

  • “unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles;

  • “usual good farming practices” means the farming practices described in Article 14(2) of Council Regulation 1257/1999 and defined in Article 28 of Commission Regulation 1750/1999.

(2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(3) Where in Scotland an agricultural unit consists in part only of land which is disadvantaged land or severely disadvantaged land the land so designated shall not be regarded as disadvantaged land or as the case may be severely disadvantaged land unless in the opinion of the appropriate authority it would be suitable to be dealt with as a separate unit which is capable, having regard to the number of other animals normally grazed on it, of maintaining a regular breeding herd or a qualified flock.

(4) Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation so numbered in these Regulations.

(1)

O.J. No. L219, 7.8.91, p.15, last amended by Commission Regulation (EC) No. 2143/96 (O.J. No. L286, 8.11.96, p.10).

(2)

O.J. No. L391, 31.12.92, p.36, last amended by Commission Regulation (EC) No. 1678/98 (O.J. No. L212, 30.7.98, p.23).

(3)

O.J. No. L214, 13.8.1999, p.31.

(4)

O.J. No. L337, 4.12.90, p.7, last amended by Council Regulation (EC) No. 233/94 (O.J. No. L30, 3.2.94, p.9).

(5)

O.J. No. L355, 5.12.92, p.1, last amended by Council Regulation (EC) No. 1036/1999 (O.J. No. L127, 21.5.1999, p.4).

(6)

O.J. No. L160, 26.6.1999, p.80.

(7)

O.J. No. L316, 10.12.1999, p.26.

(8)

S.I. 1996/28.

(9)

S.I. 1975/2210, amended by S.I. 1976/1203, S.I. 1976/1960 and S.I. 1979/941 and revoked by S.I. 1979/1748.

(10)

S.I. 1979/1748, amended by S.I. 1980/2028, S.I. 1981/1843 and S.I. 1982/1886 and revoked by 1984/2024.

(11)

S.I. 1984/2024, amended by S.I. 1985/2075, S.I. 1987/2129, S.I. 1991/392 and S.I. 1991/1439 and revoked, insofar as they applied to Northern Ireland, by S.R. (N.I.) 1987 No. 92 and, insofar as they applied to Great Britain, by S.I. 1992/269.

(12)

S.I. 1994/2740, amended by S.I. 1995/100, S.I. 1995/1481, S.I. 1995/2778 and S.I. 1996/27 and revoked by S.I. 1996/1500.

(13)

S.I. 1996/1500, amended by S.I. 1997/33, S.I. 1998/206 and S.I. 1999/375.

(14)

S.I. 1998/871, amended by S.I. 1998/1796, S.I. 1998/2969 and S.I. 1999/1339.

(15)

1992 c. 4.

(16)

S.I. 1992/2677, amended by S.I. 1994/2741, S.I. 1995/2779, S.I. 1996/49 and S.I. 1997/2500.

(17)

S.I. 1978/393, to which there are amendments not relevant to these Regulations.

(18)

S.I. 1993/1441, amended by S.I. 1994/1528, S.I. 1995/1446, S.I. 1996/1488 and S.I. 1997/249

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