Transfer of a holding

7.—(1) In determining eligible land under regulation 6(1), the decision of the Scottish Ministers shall be in accordance with Article 74 of Commission Regulation 796/2004.

(2) For the purpose of paragraph 6 of Article 74 of Commission Regulation 796/2004, the Scottish Ministers must grant less favoured area support to the transferor of a holding, if the transferor–

(a)fulfils the conditions laid down by paragraphs 2 to 5 of Article 74 of Commission Regulation 796/2004; and

(b)has been in continuous occupation of the holding for a period of not less than 183 calendar days in the Scheme Year concerned.