The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2006

Citation and commencement

1.  These Regulations may be cited as the Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2006 and shall come into force on 22nd December 2006.

Amendment of the Less Favoured Area Support Scheme (Scotland) Regulations 2005

2.  The Less Favoured Area Support Scheme (Scotland) Regulations 2005(1) are amended in accordance with regulations 3 to 7.

Amendment of regulation 2

3.  In regulation 2(1) (interpretation) after the definition of “Suckler Cow Premium Scheme” insert:–

““supplementary payment” means a payment of less favoured area support made under regulation 5 to an applicant who has already applied for payment in accordance with regulation 3 under Scheme 2006 and has been paid a Scheme 2006 payment in accordance with regulation 5;”.

Amount of supplementary payment

4.  After regulation 8 (amount of less favoured area support), insert:–

“Amount of supplementary payment

8(a).— (1) Subject to paragraph (2) and regulation 13(a) (minimum supplementary payment), the amount of supplementary payment shall be calculated in accordance with the following formula:–

LFAS2 = P × R2

where–

• LFAS2 is the amount of supplementary payment;

• P is the payable area calculated in accordance with regulation 9 and, where appropriate, adjusted in accordance with regulation 11; and

• R2 is the rate of payment determined in accordance with regulation 12(a).

(2) Where an applicant has eligible land in more than one grazing category (as determined for the purposes of regulation 9) then–

(a) the calculation in paragraph (1) shall be applied in respect of the total area of eligible land in each grazing category and, for the purposes of each calculation–

(i) P is the payable area of land in each grazing category calculated in accordance with regulation 9 and, where appropriate, adjusted in accordance with regulation 11; and

(ii) R₂ is the rate of payment for each type of grazing category determined in accordance with regulation 12(a); and

(b) the total amount of supplementary payment payable shall be the sum of each of those calculations.”.

Rate of supplementary payment

5.  After regulation 12 (rate of payment of less favoured area support) insert:–

“Rate of supplementary payment

12(a).— (1) For the purposes of regulation 8(a), the rate of payment of less favoured area support shall be determined in accordance with this regulation.

(2) Where, for the purposes of regulation 9, the grazing category of land, as specified in schedule 5, is A or B, the rate of payment shall be the rate per hectare of the payable area set out in the entry in the second column in Part I (more disadvantaged land) of Schedule 7(a) corresponding to the fragility category in the first column of that Part of that Schedule applicable to the applicant in terms of paragraph (4).

(3) Where, for the purposes of regulation 9, the grazing category of land, as specified in Schedule 5, is C or D, the rate of payment shall be the rate per hectare of the Payable Area set out in the entry in the second column in Part II (less disadvantaged land) of Schedule 7(a) corresponding to the fragility category in the first column of that Part of that Schedule applicable to the applicant in terms of paragraph (4).

(4) For the purposes of paragraphs (2) and (3), the fragility category applicable to the applicant shall be determined according to the fragility category of the parish in which the main farm of the applicant lies as set out in Schedule 8 to these Regulations.

(5) For the purpose of paragraph (4), the main farm of the applicant shall be the farm identified as the main farm in the application for less favoured area support submitted by the applicant in accordance with regulation 3.”.

Minimum supplementary payment

6.  After regulation 13 (minimum payment) insert:–

“Minimum supplementary payment

13(a).   In respect of the supplementary payment, the amount paid by the Scottish Ministers under these Regulations shall be not less than £229.50.”.

Rates of supplementary payment

7.  In Schedule 7 (rates of payment for less favoured area support), after Part II (less disadvantaged land) insert:–

Regulation 12(a)

“SCHEDULE 7(a) RATES OF SUPPLEMENTARY PAYMENT

PART I MORE DISADVANTAGED LAND

FRAGILITY CATEGORY	RATE
Very Fragile (Islands)	£30.82
Fragile (Mainland)	£29.51
Standard	£25.57

PART II LESS DISADVANTAGED LAND

CATEGORY	RATE
Very Fragile (Islands)	£27.21
Fragile (Mainland)	£25.90
Standard	£21.97”

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th December 2006