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The Less Favoured Area Support Scheme (Scotland) Regulations 2005

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Regulation 2(1) and 10(4)

SCHEDULE 1LIVESTOCK UNITS AND STOCKING DENSITY

PART ICALCULATION OF LIVESTOCK UNITS (“LU”)

For all claimants

Number of Suckler CowsX 1.0 = _A_LU
Number of heifers 8 months and overX 0.6 = _B_LU
Number of Breeding EwesX 0.15 = _ C_LU
Number of Breeding Female GoatsX 0.15 = _ D_LU
Number of Breeding Female AlpacaX 0.3 = _ E_LU
Number of Breeding Female Deer (hinds over 27 months)X 0.3 = _ F_LU
Number of Breeding Deer (over 6 months but less than 27 months)X 0.2 = _ G_LU
Number of Breeding LlamasX 0.3 = _H_LU
For dairy farmers maintaining a dairy herd in the area referred to in paragraph (c) of the definition of “eligible agricultural activity” in regulation 2(1).
Litres of Milk Quota/ 5730 = I LU

PART IICALCULATION OF STOCKING DENSITY

Total LFASS Livestock Units (A = B = C = D = E = F = G = H = D=_J_LU
Total Forage Area=_K_Ha
Stocking Density (to two decimal places)=J divided by K

Regulation 2(1)

SCHEDULE 2USUAL GOOD FARMING PRACTICES

PART IENVIRONMENTAL LEGISLATION

Water pollution

1.  The Control of Pollution Act 1974(1).

2.  The Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity(2).

3.  The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003(3).

4.  The Groundwater Regulations 1998(4).

Air pollution

5.  The Clean Air Act 1993(5).

6.  The Hill Farming Act 1946(6).

Fertilisers and pesticides

7.  The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003(7).

8.  Part III of the Food and Environment Protection Act 1985(8) and the Control of Pesticides Regulations 1986(9).

9.  The Plant Protection Products (Scotland) Regulations 2005(10).

Designated sites

10.  The Ancient Monuments and Archaeological Areas Act 1979(11).

11.  The Wildlife and Countryside Act 1981(12).

12.  The Conservation (Natural Habitats etc.) Regulations 1994(13).

PART IIVERIFIABLE STANDARDS

1.  Any farmer who constructs a new silage or storage facility must give notification to the Scottish Environmental Protection Agency prior to starting to use it. The farmer must keep records showing that this notification has been given.

2.  Where it is proposed to dispose of sheep dip on a holding, prior authorisation to do this must be obtained from the Scottish Environmental Protection Agency. The farmer must keep documents and records showing that this authorisation has been obtained. The farmer must keep records detailing the manner of disposal of the sheep dip.

3.  Trimming of hedgerows must not be carried out between 1st March and 31st July.

4.  Removal or destruction of any hedges, stone walls or other boundary features shall not be allowed except with the prior written agreement of the Scottish Ministers.

5.  Any farmer who intends to undertake any operation which is likely to damage a Site of Special Scientific Interest designated pursuant to section 28 of the Wildlife and Countryside Act 1981 must obtain the prior approval of Scottish Natural Heritage to the carrying out of that operation. The farmer shall maintain records showing that this authorisation has been obtained.

6.  Livestock shall be managed in such a way as to avoid overgrazing and undergrazing. Where the Scottish Ministers form the opinion that land was being overgrazed or undergrazed, a management regime including a maximum (and, where appropriate, a minimum) stocking rate to be observed on that site will be prescribed. Overgrazing is defined as grazing land with livestock in such numbers as to adversely affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree; and to ensure that livestock is managed in such a way as to prevent damage to sensitive habitats(14) that are important for biodiversity reasons. Undergrazing means not using land fully, or scrub or coarse becoming evident, where it is detrimental to the environmental interest of the land.

7.  Unsuitable supplementary feeding methods shall be avoided.

8.  Animals must not be caused any unnecessary pain or suffering and must be inspected at regular intervals. Animals kept in buildings must have access to a well maintained drying area. Animal buildings must be constructed in such a way that will not be harmful to animals. Where necessary artificial light must be provided and animals must not be kept without an appropriate rest from artificial light. Animals must be fed a diet of sufficient quality and quantity to maintain them in good health and to satisfy their nutritional needs. All animals must have access to feed at appropriate intervals (at least once a day) and a suitable water supply or be able to satisfy their fluid intake needs by other means. Animals must not have their movement restricted in such a way as to cause them unnecessary suffering or injury.

9.  Only those persons who have the appropriate ability, knowledge and professional competence may attend to animals.

10.  Ill or injured animals must be cared for appropriately and without delay and, where necessary, veterinary advice must be obtained as soon as possible. Records must be kept and retained for 3 years of all medicinal treatment given to animals and of all mortalities.

Regulation 4 (1)

SCHEDULE 3ENVIRONMENTAL CONTROLS

1.  To ensure the protection of rough grazings and other semi-natural areas, new drainage works, ploughing, clearing, levelling, re-seeding or cultivating must not be undertaken. Livestock must be managed to avoid poaching to a level which would destroy the natural vegetation in respect of such rough grazings and other semi-natural areas.

2.  To ensure the protection of rough grazings and other semi-natural areas, pesticides, lime or fertiliser must not be applied to rough grazings and other semi-natural areas except–

(a)to control injurious weeds to which the Weeds Act 1959(15) applies;

(b)to control bracken with Asulam or other approved herbicides; or

(c)in exceptional circumstances where no conservation damage will result, lime or fertiliser may be applied.

3.  Muirburn may only be carried out in accordance with guidance approved by the Scottish Ministers.

4.  The damage to features of any historic or archaeological interest must be avoided and guidance approved by the Scottish Ministers must be followed for the protection of such areas.

5.  Guidance on the prevention of environmental pollution from agricultural activity approved by the Scottish Ministers must be followed for the avoidance of pollution or to minimise the risk of pollution through good management of nutrients and effluents.

6.  Notwithstanding the provisions of paragraphs 1 to 5 above, any of the matters referred to therein which would otherwise be subject to the relevant control, may be carried out if approved in terms of the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002(16).

Regulation 2(1)

SCHEDULE 4CEREALS LINSEED OILS AND PROTEINS (CLOPS) TYPES AND USE CODES

CROP

CODE

LINSEED CROP
LINSEEDLIN
OILSEED CROP
SPRING OILSEED RAPESOSR
WINTER OILSEED RAPEWOSR
CEREAL CROP
BUCKWHEATBW
CANARY SEEDCANS
DURUM WHEATDW
MAIZEMAIZ
MILLETMIL
MIXED CEREALSMC
RYERYE
SORGHUMSOR
SPRING BARLEYSB
SPRING OATSSO
SPRING WHEATSW
SWEETCORNSC
TRITICALETRIT
WINTER BARLEYWB
WINTER OATSWO
WINTER WHEATWW
PROTEIN CROPS
FIELD BEANSFB
PROTEIN PEASPP
SWEET LUPINSSL

Regulation 9

SCHEDULE 5GRAZING CATEGORY: HECTARE VALUES

STOCKING DENSITY

GRAZING CATEGORY

HECTARE VALUE

Up to and including 0.19 LU/haA0.167
0.2 to 0.39 LU/haB0.333
0.4 to 0.59 LU/haC0.667
0.6 or more LU/haD0.8

Regulation 11

SCHEDULE 6ENTERPRISE MIX

ENTERPRISE MIX

HECTARE MULTIPLIER

If 50% or more of livestock units are made up of cattle LU1.70
If 10% or more, but less than 50% of livestock units are made up of cattle LU1.35

Regulation 12

SCHEDULE 7RATES OF PAYMENT FOR LESS FAVOURED AREA SUPPORT

PART IMORE DISADVANTAGED LAND

FRAGILITY CATEGORY

RATE

Very Fragile (Islands)£47.00
Fragile (Mainland)£45.00
Standard£39.00

Regulation 12(4)

SCHEDULE 8FRAGILITY CATEGORIES

FRAGILITY MARKERS FOR PARISH CODE NUMBERS

Standard

123456789101112131415161718192021
222324283031323536383940414243444546474849
505152535455565758596061626364656667686970
717273747576777879808182838485868788899091
9293949596979899100101102103104105106107108109110111112
113114115116117118119120121122123124125126127128129130131132133
134135136176177178179180181182183184185186187188189190191192193
194195196197198199200201202203204205206207208209210211212213214
215216217218219220221242243244245246247248249250251252253254255
256257258259260261262263264265266267268269270271272273290291292
293294295296297298299300301302303304305306307308309310311312313
314315316317318319320321322323324325326327328329330331332333334
335336337338339340341342343344345346347348349350351352353354355
356357358359360361362363364365366367368369370371372373374375376
377378379380381382383384385386387388389390391392393394395396397
398399400401402403404405406407408409410411412413414415416417418
419420421422423424425426427428429430431432445449451466467468469
470471472473474475476477478479480481482483484485486487488489490
491492493494495496497498499500501502503504505506507508509510511
512513514515516517518519520521522523524525526527528529530531532
533534535536537538539540541542543544545546547548549550551552553
554555556557558559560561562563564565566567568569570571572573574
575576577578579580581582583584585598600601606609635636637638639
640641642643644645646647648649650651652653654655656657658659660
661662663664665666667668669670671672673674675676677678679680681
682683684685686687688689690691692693694695696697698699700701702
703704705706707708709710711712713714715716717718719720721722723
724725726727728729730731732733734735769770771772773774775776777
778779780781782783784785786787788789790791792793794795796797798
799800801802803804805806807808809810811812813814815816817818819
820821822823824825826827841842843844845846847848849850851853854
855856859860861863864865866868

Fragile

25262729333437137138139140141142143144145146152154155156
157158159160161162163169170171172173174175222223224225226227228
229230231232233234235236237238239240241280281282283284285286287
288289433434435436437438439440441442446447448450452453454455586
587588589590591592593594595596597599602603604605607608736737738
739740741742743744745746747748749750751752757758759760761762763
764765766767768828829830831832833834835836837838839840852857858
862867

Very Fragile

147148149150151153164165166167168274275276277278279443444456457
458459460461462463464465610611612613614615616617618619620621622
623624625626627628629630631632633634753754755756869870871872873
874875876877878879880881882883884885886887888889890891

Regulation 18

SCHEDULE 9AGENCY AND CROSS BORDER HOLDINGS

Agency arrangements

1.  The Scottish Ministers may, with the agreement of any competent authority, arrange for any of their functions under these Regulations in relation to any claim to be exercised on their behalf by that competent authority.

2.  The Scottish Ministers may also agree to exercise functions on behalf of another competent authority corresponding to those which are exercisable by the Scottish Ministers under these Regulations.

3.  Any such arrangement shall be in writing and be signed by or on behalf of the Scottish Ministers and the competent authority and any such arrangement may be subject to such conditions (including conditions as to the costs and charge for costs) as may be agreed from time to time.

Set off

4.  Without prejudice to the amount of any sum payable by the Scottish Ministers to any other competent authority, the amount of any sum payable by the Scottish Ministers, whether as principal or agent, by way of a specified payment may be set off against the amount of any sum recoverable by the Scottish Ministers, whether as principal or agent.

Calculation of payments in respect of cross border holdings

5.  Where any holding in respect of which a claim has been made is a cross border holding, the Scottish Ministers may pay, on such occasions as they consider fit, in respect of the Scheme Year in question to an applicant less favoured area support for carrying out eligible agricultural activity on eligible land, providing the applicant has declared the eligible land in a single application which has been treated as a valid application by the competent authority concerned.

6.  Whether the eligible agricultural activity undertaken on the eligible land is an integral part of the management of the whole holding or independently managed, Scottish Ministers shall only pay less favoured area support in respect of the eligible agricultural activity actually undertaken on eligible land defined as a less favoured area for the purposes of this instrument.

7.  For cross-border holdings where the applicant has submitted a declaration of eligible land to another competent authority, the Scottish Ministers shall apply the standard rate of payment.

8.  Applicants in respect of cross border holdings are required to supply such information as authorised persons may reasonably require to assess the eligible agricultural activity actually undertaken on eligible land defined as a less favoured area for the purposes of this instrument.

9.  All conditions applying to applicants in respect of holdings lying wholly within the less favoured areas shall apply equally to applicants in respect of cross border holdings.

Regulation 2(1)

SCHEDULE 10COWAL PENINSULA

The areas of land within Argyll & Bute Council comprising those parts of the parishes of Dunoon & Kilmun and Inverchaolain bounded as follows:–

  • Starting in the North on the shore of Loch Striven at point national grid reference NS/095708; then in an easterly direction along the MOD boundary to point national grid reference NS/098708; then in a northerly direction along the MOD boundary to point national grid reference NS/097711; then in a north-easterly direction along the MOD boundary to point national grid reference NS/098711; then in a northerly direction along the MOD boundary to point national grid reference NS/098712; then in a north north-easterly direction along the MOD boundary to point national grid reference NS/099713; then in a north-easterly direction to point national grid reference NS/103714; then in a south-easterly direction to point national grid reference NS/107712; then in a easterly direction along the forestry fence to point national grid reference NS/111712; then in a southerly direction along the forestry fence to point national grid reference NS/110708; then in a south-easterly direction along the forestry fence to point national grid reference NS/112707; then in a south south-easterly direction along the forestry fence to point national grid reference NS/113704; then in a south-easterly direction to point national grid reference NS/114704; then in a southerly direction along the forestry fence to point national grid reference NS/114699; then in a south-westerly direction along the forestry fence to point national grid reference NS/112699; then in a south south-westerly direction along the forestry fence to point national grid reference NS/111693 where the forestry fence meets the A815; then in a southerly direction along the A815 to point national grid reference NS/112689; then in a north-easterly direction along the forestry fence to point national grid reference NS/114690; then in an east south-easterly direction along the forestry fence to point national grid reference NS/117688; then in a southerly direction along the forestry fence to point national grid reference NS/116685; then in a westerly direction to point national grid reference NS/114685 where the forestry fence meets a track; then in a southerly direction down the track to point national grid reference NS/114683; then in a westerly direction down a burn to point national grid reference NS/112682 where the burn meets the A815; then in a southerly direction down the A815 to point national grid reference NS/111679; then in a westerly direction to point national grid reference NS/110679 at the high water mark; then in a westerly direction for approximately 1200 metres which then turns in a northerly direction all along the shore back to the starting point of national grid reference NS/095708.

(1)

1974 c. 40 as amended.

(2)

Issued by the Scottish Ministers on 11th March 2005, and approved by them by the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005 (S.S.I. 2005/63).

(4)

S.I. 1998/2746, amended by S.S.I. 2003/323 and S.S.I. 2005/22.

(5)

1993 c. 11 as amended.

(6)

1946 c. 73 as amended.

(8)

1985 c. 48 as amended.

(9)

S.I. 1986/1510, amended by S.I. 1990/2487, 1994/3142 and 1997/188.

(11)

1979 c. 46 as amended.

(12)

1981 c. 69 as amended.

(13)

S.I. 1994/2716. Relevant amendments are the Land Reform (Scotland)Act 2003, asp 2, S.I. 1996/973, 1997/3055, 1999/1820, S.S.I. 2000/323 and S.S.I. 2004/475.

(14)

Sensitive habitats, important for biodiversity reasons, may include juniper and montone scrub, herb-rich swords, already coded areas and wetland habitats as well as other natural and semi-natural habitats.

(15)

1959 c. 54 as amended.

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