The Less Favoured Area Support Scheme (Scotland) Regulations 2003

Transitional payments

13.—(1) Subject to paragraph (6) 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 2003 payment, the amount of less favoured area support paid by the Scottish Ministers under these Regulations shall be not less than a sum equal to 50% of the 1999 Regulation payment.

(3) Where the forage area of the holding is reduced, in any of calendar years 2000, 2001 or 2002, 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 the Scheme 2003 payment, by a decision, fix the 1999 Regulation payment used for the purposes of calculating the minimum payment under paragraph (2), by reducing the 1999 Regulation payment received by the applicant by 1/75th for each percentage point above 25% that the forage area has been reduced.

(4) In respect of the Scheme 2003 payment, where an applicant has, as at 31st December 2002, permanently increased the amount of eligible land since the date on which the 1999 Regulation payment was made and paragraph (3) does not apply to the applicant, the Scottish Ministers shall, if requested by the applicant, by a decision, fix the 1999 Regulation payment which shall be used for the purposes calculating the payment under paragraph (2):

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 2002; and

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

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

(5) In respect of the Scheme 2003 payment, where the applicant applies to the Scottish Ministers, and demonstrates that the number of livestock claimed by the applicant under the 1999 Regulations was unrepresentatively low due to any sufficient reason, which reason must be established to the satisfaction of the Scottish Ministers, the Scottish Ministers may, by a decision, fix the 1999 Regulation payment which shall be used for the purposes of calculating the payment under paragraph (2).

(6) In respect of the Scheme 2003 payment, where an applicant–

(a) did not receive a transitional payment under the 2001 Regulations by virtue of being a person to whom regulation 10 of those Regulations did not apply; and

(b) establishes to the satisfaction of the Scottish Ministers any sufficient reason, other than one caused by the fault or negligence of the applicant, why regulation 10 of the 2001 Regulations did not apply to the applicant,

the Scottish Ministers may, on the application of the applicant, by a decision, fix the 1999 Regulation payment which shall be used for the purposes of calculating the payment under paragraph (2).

(7) This regulation is subject to regulation 14.