The Less Favoured Area Support Scheme (Scotland) Regulations 2002

Additional transitional payments – 2001 Scheme

11.—(1) Paragraph (5) applies to an applicant under these Regulations to whom a payment of less favoured area support was made under the 2001 Regulations (in this regulation referred to as the “2001 applicant”) and, in respect of whom, regulation 10 of the 2001 Regulations did not apply.

(2) Paragraph (5) applies to a 2001 applicant to whom regulation 10 of the 2001 Regulations applied, where–

(a) that applicant has permanently increased the amount of eligible land in the period between the date on which the 1999 Regulation payment was made and 31st December 2001;

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

(c) the land was available and accessible for use in maintaining eligible livestock.

(3) The Scottish Ministers, within 100 days of an application being made to them under this regulation, shall in respect of a person to whom paragraph (1) applies fix an amount for the purposes of the calculation in paragraph (5) 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.

(4) The Scottish Ministers, within 100 days of an application being made to them under this regulation, shall in respect of a person to whom paragraph (2) applies fix an amount for the purposes of the calculation in paragraph (5) and in doing so shall have regard to the sum which would have been payable under the 1999 Regulations had that person–

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

(b) met the conditions specified at paragraph (2)(b) and (c) in relation to that land,

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

(5) Where an amount is fixed under paragraph (3) or (4), the Scottish Ministers shall make a payment to the 2001 applicant of an amount based upon the following calculation:–

where

P

=

the payment to be made under this paragraph;

A

=

the amount fixed by the Scottish Ministers under paragraph (3) or (4); and

B

=

the less favoured area support to which the 2001 applicant is entitled under the 2001 Regulations.