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11.—(1) Where the applicant maintains at least 10% of the total eligible livestock units of the applicant based on eligible agricultural activity undertaken in 2003 as cattle, the payable area calculated in accordance with regulation 9 shall be adjusted in accordance with this regulation according to the following formula:–
P1 = P2 × Z
Where
P1 is the payable area adjusted in accordance with this regulation;
P2 is the payable area calculated in accordance with regulation 9; and
Z is the multiplier contained in the second column of Schedule 5 corresponding to the appropriate proportion of eligible livestock units maintained as cattle set out in the first column of that Schedule.
(2) Where an applicant fails to achieve the necessary cattle livestock units for the purposes of this regulation as a result of not being able to re-stock following slaughter of livestock under the Animal Health Act 1981 in consequence of the service of a notice or an order being in place under the Foot-and-Mouth Disease Order 1983, the Scottish Ministers may, by a decision, determine the total number of cattle livestock units to be used for the purposes of this regulation.
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