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The Rural Payments (Appeals) (Scotland) Regulations 2015

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2.—(1) In these Regulations—

“applicable IACS Regulations” means—

(a)

the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009(1); or

(b)

regulations 2 and 3 of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014(2);

“beneficiary” means the person to whom a relevant decision is directed;

Commission Regulation 1120/2009” means Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers(3);

Commission Regulation 1121/2009” means Commission Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof(4);

Commission Regulation 1122/2009” means Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector(5);

Council Regulation 73/2009” means Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003(6);

“decision letter” means the letter from the Scottish Ministers to the beneficiary notifying the beneficiary of the relevant decision;

Direct Payments Regulation” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009, as amended from time to time(7);

ESA Orders” means—

(a)

the Environmentally Sensitive Areas (Loch Lomond) Designation Order 1992(8);

(b)

the Environmentally Sensitive Areas (Breadalbane) Designation Order 1992(9);

(c)

the Environmentally Sensitive Areas (Central Southern Uplands) Designation Order 1993(10);

(d)

the Environmentally Sensitive Areas (Western Southern Uplands) Designation Order 1993(11);

(e)

the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 1993(12);

(f)

the Environmentally Sensitive Areas (Central Borders) Designation Order 1993(13);

(g)

the Environmentally Sensitive Areas (Stewartry) Designation Order 1993(14);

(h)

the Environmentally Sensitive Areas (Argyll Islands) Designation Order 1993(15);

(i)

the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993(16); or

(j)

the Environmentally Sensitive Areas (Shetland Islands) Designation Order 1993(17);

Horizontal Delegated Regulation” means Commission Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance(18), as amended from time to time;

Horizontal Implementing Regulation” means Commission Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance(19), as amended from time to time;

Horizontal Regulation” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(20), as amended from time to time;

IACS scheme” means one of the EU support schemes specified in Article 14 of Council Regulation 73/2009” or Article 67(2) of the Horizontal Regulation;

“Land Court” means the Scottish Land Court;

“relevant decision” means a decision specified in any of the paragraphs of the Schedule; and

“the 2009 Regulations” means the Rural Payments (Appeals) (Scotland) Regulations 2009(21).

(2) Any reference in these regulations to a beneficiary appealing to the Land Court includes a reference to any successor, executor, trustee in sequestration, receiver or liquidator of such a beneficiary.

(1)

S.I. 2009/3263, as amended by S.I. 2012/66 and revoked subject to saving by S.I. 2014/3263.

(2)

S.I. 2014/3263, as amended by S.I. 2015/1325.

(3)

OJ L 316, 2.12.2009, p.1, as last amended by Commission Regulation (EU) No 426/2013 (OJ L 127, 9.5.2013, p.17), and repealed subject to savings by Article 78 of Commission Delegated Regulation (EU) No 639/2014 (OJ L 181, 20.6.2014, p.1).

(4)

OJ L 316, 2.12.2009, p.27, as last amended by Commission Implementing Regulation (EU) No 1147/2013 (OJ L 305, 15.11.2013, p.3) and repealed subject to savings by Article 78 of Commission Delegated Regulation (EU) No 639/2014 (OJ L 181, 20.6.2014, p. 1).

(5)

OJ L 316, 2.12.2009, p.65, as last amended by Commission Regulation (EU) No 426/2013 (OJ L 127, 9.5.2013, p. 17) and repealed subject to savings by Article 43 of the Horizontal Delegated Regulation.

(6)

OJ L 30, 31.1.2009, p.16, as last amended by Commission Delegated Regulation (EU) 994/2014 (OJ L 280, 24.9.2014, p.1) and repealed, subject to savings by Article 72(2) of the Direct Payments Regulation.

(7)

OJ L 347, 20.12.2013, p.608, as last amended by Commission Delegated Regulation (EU) No 1378/2014 (OJ L 367, 23.12.2014, p.16).

(18)

OJ L 181, 20.6.2014, p.48.

(19)

OJ L 227, 31.7.2014, p.69.

(20)

OJ L 347, 20.12.2013, p.549, as amended by Regulation (EU) No 1310/2013 (OJ L 347, 20.12.2013, p.865).

(21)

S.S.I. 2009/376, amended by S.S.I. 2010/273, S.S.I 2011/415, S.S.I. 2012/143, S.S.I. 2014/7, S.S.I. 2014/325 and S.S.I. 2015/58. The 2009 Regulations are revoked subject to savings by regulation 11.

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