6. In the Schedule (relevant decisions)—
(a)omit paragraphs 1 and 2;
(b)for paragraphs 3 to 8 substitute—
“3. Insofar as not otherwise falling within any of paragraphs 4 to 10, a decision by the Scottish Ministers to postpone, refuse, reduce or recover (in whole or in part) any payment under an IACS scheme for any scheme year under or in accordance with—
(a)Council Regulation 1782/2003;
(b)Commission Regulation 795/2004;
(c)Commission Regulation 796/2004 (including anything done in accordance with Article 71(2) of that Regulation);
(d)Commission Regulation 1973/2004;
(e)Council Regulation 73/2009;
(f)Commission Regulation 1120/2009;
(g)Commission Regulation 1121/2009; or
(h)Commission Regulation 1122/2009.
4. A decision by the Scottish Ministers to refuse, reduce or withdraw (in whole or in part) any payment entitlement (including any set-aside or special entitlement), under and in accordance with—
(a)Title III of Council Regulation 1782/2003 and Commission Regulation 795/2004; or
(b)Title III of Council Regulation 73/2009 and Commission Regulation 1120/2009
5. A decision by the Scottish Ministers under Article 40 of Council Regulation 1782/2003 or Annex IX, Part A, point 4, 5 or 6 of Council Regulation 73/2009, to refuse (in whole or in part) a request to have an applicant’s reference amount calculated on the basis that the applicant’s production was adversely affected by force majeure or exceptional circumstances or agri-environment commitments.
6. A decision by the Scottish Ministers under or in accordance with Article 42 of Council Regulation 1782/2003 or Article 41 of Council 73/2009, to refuse or withdraw entirely any national reserve entitlement in relation to an application.
7. A decision by the Scottish Ministers to refuse, reduce or withdraw (in whole or in part) any other payment entitlement, under or in accordance with—
(a)Council Regulation 1782/2003;
(b)Commission Regulation 795/2004;
(c)Commission Regulation 796/2004;
(d)Council Regulation 73/2009;
(e)Commission Regulation 1120/2009; or
(f)Commission Regulation 1122/2009.
8. A decision by the Scottish Ministers to refuse the transfer (in whole or in part) of any payment entitlement, under or in accordance with—
(a)Council Regulation 1782/2003;
(b)Commission Regulation 795/2004;
(c)Council Regulation 73/2009; or
(d)Commission Regulation 1120/2009.”; and
(c)for paragraph 10 substitute—
“10.—(1) Any decision by the Scottish Ministers under or in accordance with the relevant EU instrument in respect of part of a holding outwith Scotland or legislation implementing any of those instruments in any other part of the United Kingdom.
(2) In this paragraph, “the relevant EU instrument” means any of the following—
(a)Council Regulation 1782/2003;
(b)Commission Regulation 795/2004;
(c)Commission Regulation 796/2004;
(d)Commission Regulation 1973/2004;
(e)Council Regulation 73/2009;
(f)Commission Regulation 1120/2009;
(g)Commission Regulation 1121/2009; or
(h)Commission Regulation 1122/2009.”.