The Less Favoured Area Support Scheme (Scotland) Regulations 2007

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“actively farm” means–

(a)

to undertake a continuous activity which is, in the opinion of the Scottish Ministers, an agricultural activity; and

(b)

to undertake that agricultural activity for a period or periods totalling not less than 183 days in the Scheme Year for which payment is to be made;

“applicant” means a person who has made an application for less favoured area support under these Regulations in accordance with regulation 3;

“authorised person” means a person who is authorised by the Scottish Ministers, either generally or specifically, to act in relation to matters arising under these Regulations;

“Commission Regulation 796/2004” means Commission Regulation (EC) No. 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(1);

“Commission Regulation 817/2004” means Commission Regulation (EC) No. 817/2004 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(2);

“Commission Regulation 1698/2005” means Commission Regulation (EC) No. 1698/2005 on support for rural development from the European Agricultural Fund for Rural Development(3);

“Commission Regulation 1974/2006” means Commission Regulation (EC) No. 1974/2006 laying down detailed rules for the application of Council Regulation No. 1698/2005(4);

“Commission Regulation 1975/2006” means Commission Regulation (EC) No. 1975/2006 laying down detailed rules for the implementation of Council Regulation No. 1698/2005(5);

“common grazing” has the same meaning as it has for the purpose of Article 11 of Commission Regulation 817/2004;

“competent authority” has the same meaning as in regulation 5 of the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005;

“Council Regulation 1782/2003” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(6);

“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(7);

“cross-border holding” means a holding in the United Kingdom which is situated partly in Scotland;

“cross compliance” has the same meaning as it has for the purposes of Articles 4 and 5 and annexes III and IV of Council Regulation 1782/2003;

“designated maps” means the four maps numbered 1 to 4, each such map being marked “Map of less-favoured farming areas in Scotland”, dated 5th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Government Rural Payments and Inspections Directorate, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY;

“eligible land” has the same meaning as in regulation 6;

“forage area” has the same meaning as in Article 131(2)(b) of Council Regulation 1782/2003;

“holding” has the same meaning as in Article 2(b) of Council Regulation 1782/2003;

“less favoured area” means the land shown coloured in blue or in pink on the designated maps–

(a)

which is situated in an area included in the list of less favoured farming areas adopted by Council Directive 84/169/EEC(8) concerning the Community list of less-favoured farming areas within the meaning of Article 21 of Council Regulation (EC) No. 950/97(9); and

(b)

which is, in the opinion of the Scottish Ministers, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the Scottish Ministers, restricted in its range by, or any combination of, soil, relief, aspect or climate;

“maximum stocking density” means 1.40 livestock units per hectare;

“minimum stocking density” means 0.12 livestock units per hectare;

“payable area” means the adjusted area of land on which less favoured area support is to be paid, calculated in accordance with regulation 9 and, where appropriate, regulation 11;

“Scheme Year” means a calendar year commencing on 1st January;

“Scheme 2005 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2004 to 31st December 2004;

“Scheme 2006 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2005 to 31st December 2005;

“Scheme 2007 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2007 to 31st December 2007;

“Scheme 2008 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2007 to 31st December 2008;

“Scheme 2009 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2008 to 31st December 2009;

“shared grazing” means land used for grazing within a field used by two or more producers;

“single application” has the same meaning as in Article 2(11) of Commission Regulation 796/2004;

“the 2001 Regulations” means the Less Favoured Area Support Scheme (Scotland) Regulations 2001(10);

“the 2002 Regulations” means the Less Favoured Area Support Scheme (Scotland) Regulations 2002(11);

“the 2003 Regulations” means the Less Favoured Area Support Scheme (Scotland) Regulations 2003(12);

“the 2004 Regulations” means the Less Favoured Area Support Scheme (Scotland) Regulations 2004(13); and

“the 2005 Regulations” means the Less Favoured Area Support Scheme (Scotland) Regulations 2005 (14).

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or paragraph or to a Schedule is a reference to the regulation or paragraph of the regulation or the Schedule so numbered in these Regulations.

(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000(15), which has been recorded and is consequently capable of being reproduced.

(1)

O.J. No. L 141, 30.4.04, p.18 as amended by Commission Regulation (EC) No. 239/2005, O.J. No. L 42, 12.2.05, p.3.

(2)

O.J. No. L 153, 30.4.04, p.30 as corrected by Corrigendum O.J. No. L 231, 29.4.2004, p.24.

(3)

O.J. No. L 277, 21.10.05, p.1, as amended by Council Regulation (EC) 1944/2006, O.J. No. L 367, 22.12.06, p.23 and Council Regulation 2012/2006, O.J. No. L 384, 29.12.06, p.8.

(4)

O.J. No. L 368, 23.12.06, p.15.

(5)

O.J. No. L 368, 23.12.06, p.74.

(6)

O.J. No. L 270, 21.10.03, p.1, as corrected by Corrigendum, O.J. No. L 94, 31.3.04, p.70 and as amended by Council Regulation (EC) No 583/2004, L 91 30.3.04, p.1, Council Regulation (EC) No. 864/2004, O.J. No. L 161, 30.4.04, p.48, Council Regulation (EC) No. 2217/2004, O.J. No. L 375 23.12.04, p.1, Commission Regulation (EC) No. 118/2005, O.J. No. L 24, 27.1.05, p.15, Commission Regulation (EC) No. 2183/2005, O.J. No. L 347, 30.12.05, p.56, Council Regulation (EC) No. 247/2006, O.J. No. L 42, 14.2.06, p.1 and Council Regulation (EC) No. 319/2006, O.J. No. L 58, 28.2.06, p.32.

(7)

O.J. No. L 160, 26.6.99, p.80 as corrected by Corrigendum to Commission Regulation 1257/1999, O.J. No. L 302, 1.12. 00, p.72 and Corrigendum to Commission Regulation 1783/2003, O.J. No. L 94, 31.3.04, p.71 and as amended by Council Regulation (EC) No. 1783/2003, O.J. No. L 270, 21.10.03, p.70, Council Regulation (EC) No. 567/2004, O.J. No. L 90 27.3.04, p.1 and Council Regulation (EC) No 583/2004, O.J. No. L 91 30.3.04, p.1, Council Regulation (EC) No. 2223/2004, O.J. No. L 379, 24.12.04, p.1 and Council Regulation (EC) No. 1698/2005, O.J. No. L 277, 21.10.05, p.1.

(8)

O.J. No. L 82, 26.03.04, p.67.

(9)

Council Regulation (EC) No. 950/97 on improving the efficiency of agricultural structures (O.J. No. L 142, 2.6.97, p.1) was repealed by Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF), subject to Article 55(4) which provided that Directives adopting lists of less favoured areas or amending such lists in accordance with Article 21 of Regulation No. 950/97 shall remain in force.

(10)

S.S.I. 2001/50; revoked by S.S.I. 2002/139, regulation 26, subject to the savings provision contained in that regulation.

(11)

S.S.I. 2002/139; revoked by S.S.I. 2003/129, regulation 28, subject to the savings provision contained in that regulation.

(12)

S.S.I. 2003/129; revoked by S.S.I. 2004/70, regulation 27, subject to the savings provision contained in that regulation.

(13)

S.S.I. 2004/70, as amended by S.S.I. 2004/128 and S.S.I. 2005/64.

(14)

S.S.I. 2005/569, as amended by S.S.I. 2005/64, S.S.I. 2005624 and S.S.I. 2006/601.

(15)

2000 c. 7.