The Less Favoured Area Support Scheme (Scotland) Regulations 2002

Transitional payments

10.—(1) Subject to paragraph (7), this regulation applies to an applicant under these Regulations who was eligible for and was granted a payment under the 1999 Regulations.

(2) In respect of the Scheme 2002 payment, the amount of less favoured area support paid by the Scottish Ministers under these Regulations shall be not less than 80% of the 1999 Regulation payment.

(3) In respect of the Scheme 2003 payment, the amount of less favoured area support paid by the Scottish Ministers under these Regulations shall be not less than–

(a) a sum equal to the Scheme 2002 payment; or

(b) a sum equal to the entitlement of the applicant in respect of Scheme 2003 payment together with 50% of the difference between that amount and the 1999 Regulation payment,

whichever is the lower.

(4) Where the forage area of the holding is reduced, as at the end of the Scheme Year relative to the Scheme 2002 payment, by more than 25%, when compared with the forage area declared by the applicant in 1999 for the purpose of the 1999 Regulation payment, the Scottish Ministers shall, in respect of that Scheme Year and each subsequent Scheme Year calculate the transitional payments described in paragraph (2) by reducing the 1999 Regulation payment by 1/75th for each percentage point above 25% that the forage area has been reduced.

(5) Where paragraph (4) above does not apply and where the forage area of the holding is reduced, as at the end of the Scheme Year relative to the Scheme 2003 payment, by more than 25%, when compared with the forage area declared by the applicant in 1999 for the purpose of the 1999 Regulation payment, the Scottish Ministers shall, in respect of that Scheme Year calculate the transitional payments described in paragraph (3) by reducing the 1999 Regulation payment by 1/75th for each percentage point above 25% that the forage area has been reduced.

(6) In respect of the Scheme 2002 payment, where an applicant has, as at 31st December 2001, permanently increased the amount of eligible land since the date on which the 1999 Regulation payment was made, the Scottish Ministers shall, for the purposes of paragraph (2), fix the 1999 Regulation payment which shall be used for the purposes of calculating the payment thereunder:

Provided that–

(a) the applicant is the owner or tenant of the eligible land in question; and

(b) the land was available and accessible for use in maintaining eligible livestock,

and in doing so shall have regard to the sum which would have been payable under the 1999 Regulations had that person–

(i) had the amount of eligible land held at 31st December 2001; and

(ii) met the conditions specified at sub-paragraph (a) and (b) in relation to that land,

as at the date on which entitlement under those Regulations was ascertained.

(7) In respect of the Scheme 2002 payment, where an applicant did not receive a payment under the 2001 Regulations by virtue of being a person to whom regulation 10 of those Regulations did not apply, the Scottish Ministers shall, for the purposes of paragraph (2), fix the 1999 Regulation payment which shall be used for the purposes of calculating the payment thereunder and in doing so shall have regard to the sum which would have been payable under the 1999 Regulations had that person been eligible thereunder.

(8) This regulation is subject to regulation 12.