Search Legislation

The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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

This section has no associated Policy Notes

3.  After regulation 9 (stocking density outwith the minimum and maximum stocking density parameters)(1) insert—

Calculation of less favoured area support following the transfer of a holding

9A.(1) This paragraph applies—

(a)where there has been a transfer of all or part of a holding;

(b)prior to that transfer, less favoured area support was granted to the transferor in relation to that holding or that part of the holding in respect of any Scheme Year commencing on or after 1st January 2010; and

(c)following that transfer, the transferee—

(i)submits an application for less favoured area support in relation to that holding or that part of the holding in respect of the Scheme Year concerned or any Scheme Year following the Scheme Year concerned; and

(ii)has not previously received a payment of less favoured area support in respect of any Scheme Year commencing on or after 1st January 2010.

(2) Where paragraph (1) applies, these Regulations apply subject to the following modifications—

(a)in regulation 8(4)(b) and (c) (determination of Unadjusted Payable Area), after “the applicant” insert “or, where regulation 9A(1) applies, the transferor”;

(b)in regulation 9 (stocking density outwith the minimum and maximum stocking density parameters)—

(i)in relation to the formula in paragraph (2), for the definition of S substitute—

S is the stocking density calculated for the applicant (or, where regulation 9A(1) applies, the transferor) in accordance with paragraph (4) and Parts I and II of Schedule 4 or, as the case may be, determined under paragraph (7).;

(ii)in relation to the formula in paragraph (3), in the definition of S, after “the applicant” insert “or, where regulation 9A(1) applies, the transferor”;

(iii)in paragraph (4)(a), after “maintained by the applicant” insert “or, where regulation 9A(1) applies, the transferor”;

(iv)in paragraph (5)—

(aa)after “declared by the applicant” insert “or, where regulation 9A(1) applies, the transferor”; and

(bb)after “maintained by the applicant” insert “or, where regulation 9A(1) applies, the transferor”;

(v)in paragraph (8), in the definition of “applicable year”—

(aa)in sub-paragraphs (a) and (b), after “an applicant” insert “or, where regulation 9A(1) applies, the transferor”; and

(bb)in sub-paragraph (c), after “the applicant” insert “or, where regulation 9A(1) applies, the transferor”;

(vi)in paragraph (8), in sub-paragraphs (a) and (b) of the definition of “historic land area”, after “the applicant”, in each place where it occurs,” insert “or, where regulation 9A(1) applies, the transferor”; and

(vii)in paragraph (9)—

(aa)after “an applicant” insert “or, where regulation 9A(1) applies, the transferor”; and

(bb)in sub-paragraph (b), after “that applicant” insert “or, where regulation 9A(1) applies, that transferor”;

(c)in regulation 10 (enterprise mix)—

(i)in paragraph (1), after “the applicant” insert “or, where regulation 9A(1) applies, the transferor”; and

(ii)in paragraph (2)(b), after “an applicant” insert “or, where regulation 9A(1) applies, the transferor”; and

(d)in Schedule 4 (livestock units and stocking density), in Part I (calculation of livestock units), in the description of I and J in relation to the formula, after “an applicant” insert “or, where regulation 9A(1) applies, a transferor”.

(3) In this regulation, “transferor” means—

(a)the person who transfers the holding or part of the holding who, prior to the transfer, was granted less favoured area support in relation to that holding or that part of the holding in respect of any Scheme Year commencing on or after 1st January 2010; or

(b)a person other than a person mentioned in sub-paragraph (a) who, prior to the transfer, was granted less favoured area support in relation to that holding or that part of the holding in respect of any Scheme Year commencing on or after 1st January 2010..

(1)

Regulation 9 was last amended by S.S.I. 2015/185.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources