Stocking density outwith maximum and minimum parameters
10.—(1) The following provisions of this regulation shall apply for the purposes of the Scheme 2004 payment where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 1 based on eligible agricultural activity undertaken in calendar year 2003 is either less than the minimum stocking density or greater than the maximum stocking density:–
(a)at the start of the retention period where eligibility rests on livestock claimed under the Sheep Annual Premium Scheme;
(b)at the start of the retention period where eligibility rests on livestock claimed under the Suckler Cow Premium Scheme;
(c)during calendar year 2003 where eligibility rests on livestock declared separately in an application for less favoured area support; or
(d)in the opinion of the Scottish Ministers where eligibility must be determined from a combination of livestock described in sub-paragraphs (a) to (c) above.
(2) Where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 1 based on eligible agricultural activity undertaken in calendar year 2003 is less than the minimum stocking density, the eligible land for the purposes of the calculation at regulation 9(1) shall be the number of hectares calculated in accordance with the following formula:–
E1 = K ÷ M
Where
E1 is the area of eligible land adjusted in accordance with this regulation;
K is, subject to paragraph (6), the number of eligible livestock units based on eligible agricultural activity undertaken in calendar year 2003; and
M is the minimum stocking density.
(3) Where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 1 based on eligible agricultural activity undertaken in calendar year 2003 is greater than the maximum stocking density, the eligible land for the purposes of the calculation at regulation 9(1) shall be the number of hectares calculated in accordance with the following formula:–
Where
E2 is the area of eligible land adjusted in accordance with this regulation;
F is the area of eligible land determined in accordance with regulation 9(1);
Q is the maximum stocking density; and
J is the number of eligible livestock units based on eligible agricultural activity undertaken in calendar year 2003.
(4) For the purposes of paragraphs (1), (2) and (3), the number of eligible livestock units shall be calculated using–
(a)where eligibility rests solely on livestock claimed under the Sheep Annual Premium Scheme, the greater of–
(i)the number of ewes and gimmers declared as the flock composition as part of a claim for Sheep Annual Premium; or
(ii)the lesser of the number of livestock claimed and the number of livestock quota units held;
(b)where eligibility rests solely on livestock claimed under the Suckler Cow Premium Scheme, the greater of–
(i)the number of cows declared as the herd composition as part of a claim for Suckler Cow Premium; or
(ii)the lesser of the number of livestock claimed and the number of livestock quota units held;
(c)where neither sub-paragraph (a) nor (b) applies, the number of livestock units determined by a decision of the Scottish Ministers using any, or a combination of any, of the following:–
(i)livestock described in sub-paragraph (a) above;
(ii)livestock described in sub-paragraph (b) above;
(iii)livestock units calculated from numbers of deer, goats, alpacas or llamas held throughout the relevant calendar year;
(iv)where the applicant has not claimed any subsidy under the Sheep Annual Premium Scheme, ewes, gimmers and hoggs declared separately as being held throughout the Scheme Year;
(v)where the applicant has not claimed any subsidy under the Suckler Cow Premium Scheme, suckler cows declared separately as being held throughout the Scheme Year.
(5) Where–
(a)an applicant has land in more than one grazing category (as determined for the purposes of regulation 9); and
(b)where eligible land, for the purpose of the calculation in regulation 9(1), for that applicant has been reduced under paragraph (2) or (3),
the Scottish Ministers shall apply that reduction in eligible land proportionately to the total of the eligible land in each grazing category for the purpose of the calculation in regulation 9(1).
(6) Where an applicant fails to achieve the minimum stocking density as a result of not being able to re-stock following slaughter of livestock under the Animal Health Act 1981(1) or in consequence of the service of a notice or an order being in place under the Foot-and-Mouth Disease Order 1983(2), the Scottish Ministers may, by a decision, determine the total number of livestock units to be used for the purpose of the calculation at paragraph (2).
S.I. 1983/1950, as amended by S.I. 1993/3119 and S.I. 1995/2922 and, as regards Scotland, by S.S.I. 2001/52, 55, 101 and 390.