The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018

Amendments to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015

4.  For regulation 5 (definition of permanent grassland) substitute—

“Definition of permanent grassland

5.— (1) For the purposes of—

(a) the following provisions of the Direct Payments Regulation—

(i) Article 4(1)(h);

(ii) Article 4(2), second sub-paragraph; and

(iii) Article 4(2), point (a) of the third sub-paragraph; and

(b) Article 7 of the Direct Payments Delegated Regulation,

permanent grassland includes land to which paragraph (2) applies.

(2) This paragraph applies to—

(a) land which can be grazed and forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas;

(b) other than land to which sub-paragraph (c) applies, land which has not been ploughed up for 5 years or more, provided it is used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and has not been included in the crop rotation for five years or more; or

(c) land which, in accordance with the second sentence of the second sub-paragraph of Article 4(1) of the Direct Payments Regulation—

(i) constitutes parcels of land lying fallow prior to 1st January 2018; and

(ii) on or after 1st January 2023 meets the conditions for permanent grassland as set out in Article 4(1)(h) of that Regulation.

(3) In paragraph (2)(a), “established local practices” means the practice of grazing by livestock of non-herbaceous plants (excluding algae).”.