The Less Favoured Area Support Scheme (Scotland) Regulations 2010

PART III CALCULATION OF LESS FAVOURED AREA SUPPORT

Amount of less favoured area support

7.—(1) Subject to paragraph (2) and regulation 12, the amount of less favoured area support is calculated in accordance with the following formula:—

Where—

• LFAS is the amount of less favoured area support payable;

• P is the payable area; and

• R is the rate of payment determined in accordance with regulation 11.

(2) Where an applicant has eligible land in more than one grazing category (as determined for the purposes of regulation 8) then—

(a) the calculation in paragraph (1) is 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; and

(ii) R is the rate of payment for each type of grazing category determined in accordance with regulation 11; and

(b) the total amount of less favoured area support payable is the sum of the calculations in respect of each grazing category.

Determination of Unadjusted Payable Area

8.—(1) The unadjusted payable area is the total of the areas of eligible land of the applicant in each grazing category, calculated in accordance with the following formula—

Where—

• P is the unadjusted payable area;

• Subject to regulation 9(2) and (3), E is the area of eligible land in each field or shared grazing in the Scheme Year for which payment is to be made; and

• V is the hectare value for each field or shared grazing determined in accordance with paragraph (2).

(2) For the purpose of paragraph (1), the hectare value is the entry in the third column of Schedule 3 corresponding to the grazing category in the second column of that Schedule.

(3) For the purposes of this regulation, the grazing category of each field or shared grazing of the applicant is the entry in the second column of Schedule 3 corresponding to the entry in the first column of that Schedule relating to the base year stocking density of each field or shared grazing.

(4) For the purposes of paragraph (3), the “base year stocking density” for each field or shared grazing is either—

(a) the stocking density that was determined for that field or shared grazing by paragraphs (4) to (12) of regulation 9 of the 2003 Regulations following upon an application for less favoured area support under those Regulations; or

(b) where no stocking density was determined under regulation 9 of the 2003 Regulations for a field or shared grazing, the stocking density figure determined by the Scottish Ministers under regulation 9(5) of the 2005 Regulations for that part of the land of the applicant on or before 31st December 2006.

Stocking density outwith the minimum and maximum stocking density parameters

9.—(1) The provisions of this regulation apply where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 4 is either less than the minimum stocking density or greater than the maximum stocking density.

(2) Where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 4 is less than the minimum stocking density, the eligible land for the purposes of the calculation in regulation 8(1) is the number of hectares calculated in accordance with the following formula—

Where—

• E1 is the area of eligible land adjusted in accordance with this regulation;

• F is the total area of eligible land of the applicant;

• S is the stocking density calculated for the applicant in accordance with paragraph (4) and Parts I and II of Schedule 4; and

• M is the minimum stocking density.

(3) Where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 4 is greater than the maximum stocking density, the eligible land for the purposes of the calculation in regulation 8(1) is the number of hectares calculated in accordance with the following formula—

Where—

• E2 is the area of eligible land adjusted in accordance with this regulation;

• F is the total area of eligible land of the applicant;

• M is the maximum stocking density; and

• S is the stocking density calculated for the applicant in accordance with paragraph (4) and Parts I and II of Schedule 4.

(4) For the purpose of paragraphs (1), (2) and (3), the stocking density is to be calculated in accordance with Parts I and II of Schedule 4, using—

(a) livestock units based on the number of livestock which the Scottish Ministers determine were maintained by the applicant—

(i) in 2009, where the applicant maintained livestock on eligible land declared in a single application in 2009; or

(ii) in the first year of application for less favoured area support where the applicant did not submit a single application or claim less favoured area support in or prior to 2009; and

(b) the historic land area.

(5) In determining the number of livestock for the purposes of paragraph (4)(a), the Scottish Ministers must have regard to the livestock numbers declared by the applicant as being maintained by the applicant on eligible land on key dates in 2009 or the first year of application for less favoured area support, where the applicant did not submit a single application or claim less favoured area support in or prior to 2009.

(6) Where—

(a) an applicant has land in more than one grazing category (as determined for the purposes of regulation 8); and

(b) eligible land, for the purpose of the calculation in regulation 8(1), for that applicant has been reduced under paragraph (2) or (3),

the Scottish Ministers must apply that reduction in eligible land proportionately to the total of the eligible land in each grazing category for the purpose of the calculation in regulation 8(1).

(7) Where the stocking density calculated in accordance with paragraph (4) was less than the minimum stocking density due to the culling of the stock on the land in question in the context of the control of an outbreak of an epizootic disease—

(a) during 2009; or

(b) where the applicant did not submit a single application or claim less favoured area support in or prior to 2009, the first year of application,

the applicant may request that the Scottish Ministers determine the stocking density to be used for the purposes of the formula at paragraph (2).

(8) For the purposes of this regulation and Part II of Schedule 4, “historic land area” means the area of eligible land declared by the applicant in a single application in 2009 or in the first year of application where the applicant did not submit a single application or claim less favoured area support in or prior to 2009, prior to deduction of either or both of—

(a) any penalty area calculated in accordance with Commission Regulation 1975/2006; and

(b) any area deducted in accordance with regulation 6(5) of the 2007 Regulations(1).

Enterprise mix

10.—(1) Subject to paragraphs (2) and (3), where at least 10% of the livestock units of the applicant, calculated in accordance with regulation 9(4) and Part I of Schedule 4, are cattle, the unadjusted payable area calculated in accordance with regulation 8 is to be adjusted in accordance with this regulation and the following formula—

Where—

• P1 is the payable area;

• P2 is the unadjusted payable area calculated in accordance with regulation 8; and

• Z is the hectare multiplier contained in the second column of Schedule 8 corresponding to the proportion of livestock units (calculated in accordance with regulation 9(4) and Part I of Schedule 4) which are cattle contained in the first column of Schedule 8.

(2) Where the number of sheep used to calculate livestock units for the purposes of regulation 9(4) and Part I of Schedule 4 is lower than—

(a) the number of sheep used to calculate livestock units for the purposes of the Scheme 2006 payment; or

(b) where an applicant did not receive a Scheme 2006 payment, the number of sheep used to calculate livestock units for the purposes of the Scheme 2005 payment,

and the hectare multiplier contained in the second column of Schedule 8, corresponding to the proportion of livestock units (calculated in accordance with regulation 9(4) and Part I of Schedule 4) which are cattle contained in the first column of Schedule 8, is higher than the hectare multiplier established for the purposes of the Scheme 2006 payment or, the Scheme 2005 payment as appropriate, then that hectare multiplier can only apply for the purposes of the Scheme 2010 payment, the Scheme 2011 payment, the Scheme 2012 payment or the Scheme 2013 payment if the number of cattle used to calculate livestock units for the purposes of regulation 9(4) and Part I of Schedule 4 is greater than the number of cattle used to calculate livestock units for the purposes of the Scheme 2006 payment or the Scheme 2005 payment as appropriate.

(3) Where the hectare multiplier contained in the second column of Schedule 8 to be used for the purposes of the formula in paragraph (1) is unrepresentative of the usual enterprise mix of the applicant, due to the culling of stock on the land in question in the context of the control of an outbreak of an epizootic disease—

(a) during 2009; or

(b) where the applicant did not submit a single application or claim less favoured area support in or prior to 2009, the first year of application,

the applicant may request that the Scottish Ministers determine the hectare multiplier contained in the second column of Schedule 8 to be used for the purposes of the formula in paragraph (1).

Rate of payment of less favoured area support

11.—(1) Where for the purposes of regulation 8, the grazing category of land, as specified in Schedule 3, is A or B, the rate of payment of less favoured area support for the purposes of regulation 7 is the rate per hectare of the unadjusted payable area set out in the entry in the second column in Part I (More Disadvantaged Land) of Schedule 5 corresponding to the fragility category in the first column of that Part of that Schedule applicable to the applicant in terms of paragraph (3).

(2) Where, for the purposes of regulation 8, the grazing category of land, as specified in Schedule 3, is C or D, the rate of payment of less favoured area support for the purposes of regulation 7 is the rate per hectare of the unadjusted payable area set out in the entry in the second column in Part II (Less Disadvantaged Land) of Schedule 5 corresponding to the fragility category in the first column of that Part of that Schedule applicable to the applicant in terms of paragraph (3).

(3) For the purposes of paragraphs (1) and (2), the fragility category applicable to the applicant is determined by the code of the parish in which the main farm of the applicant is situated as set out in Schedule 6.

(4) For the purpose of paragraph (3), the code of the parish in which the main farm is situated is the first digit or the first two or three digits as appropriate of the applicant’s main farm code.

(5) For the purposes of this regulation, “main farm code” means the code attributed by the Scottish Ministers to the farm which the applicant considers is the applicant’s main farm for the purposes of the applicant’s single application.

Minimum payment

12.  The minimum amount of less favoured area support payable by the Scottish Ministers under these Regulations (prior to the deduction of any penalty under Commission Regulation 1975/2006) is £385 in respect of—

(a) a Scheme 2010 payment;

(b) a Scheme 2011 payment;

(c) a Scheme 2012 payment; or

(d) a Scheme 2013 payment.

(1)

S.S.I. 2007/439 as amended by S.S.I. 2008/294 and S.S.I. 2009/412.