The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2012

Citation and commencement

1.  These Regulations may be cited as the Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2012 and come into force on 9th March 2012.

Amendment of the Less Favoured Area Support Scheme (Scotland) Regulations 2010

2.  The Less Favoured Area Support Scheme (Scotland) Regulations 2010(1) are amended in accordance with regulations 3 and 4.

3.  In regulation 2(1) (interpretation), after the definition of “Council Regulation 1698/2005” insert—

““Commission Regulation 1975/2006” means Commission Regulation (EC) No 1975/2006 laying down detailed rules for the implementation of Council Regulation No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures(2);”.

4.  In regulation 9 (stocking density outwith the minimum and maximum stocking density parameters), for paragraph (8) substitute—

“(8) For the purposes of this regulation and Part II of Schedule 4, “historic land area” means—

(a) 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; or

(b) land comprising the number of hectares of forage in a less favoured area, as declared by the applicant in a single application in relation to 2009 and having one of the land use codes specified in column 2 of Schedule 2 corresponding to the entry in column 1 of Schedule 2 relating to the use of land, where no less favoured area grazing category was attributed for the purposes of the 2003 Regulations, the 2005 Regulations or the 2007 Regulations,

prior to deduction of either or both of—

(i) any penalty area calculated in accordance with Commission Regulation 1975/2006 or Commission Regulation 65/2011; and

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

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th January 2012