The Scottish Islands Agricultural Development Programme Regulations 1988

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“agricultural development” means any farm development measures, livestock development measures, agricultural infrastructure measures and agricultural support measures;

“agriculture” includes horticulture, seed growing, dairy farming, the breeding and keeping of livestock, the use of land as grazing land or meadow land, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” and references to farming shall be construed accordingly;

“apportioned land” means land which is apportioned from the common grazings and has been previously improved by surface or other treatment;

“approved” means approved in writing by the Secretary of State and “approve” and “approval” shall be construed accordingly;

“croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1955(1);

“eligible person” means a person who is an owner or tenant (including crofting tenant or sub-tenant) of a farm and any person authorised to act on his behalf;

“farm” includes an agricultural holding within the meaning of section 1 of the Agricultural Holdings (Scotland) Act 1949(2), a croft and any holding within the meaning of sections 2 and 32 of the Small Landholders (Scotland) Act 1911(3)

“financial assistance” means payment by way of environment management payment, grant, management premium, premium or stock health improvement payment;

“hill land” means any land other than inbye land;

“inbye land” means anylandwhich is or has been enclosed or delineated by fences, dykes, hedges, etc. (including apportioned land) and which has been used for cultivation, production of forage or closely controlled grazing by stock;

“livestock” includes any creature kept for the production of food, wool, skins, or fur or for the purposes of its use in the farming of the land;

“the Regulation of the Council” means Regulation (EEC) No. 1402/86 of the Council of the European Communities of 6 May 1986(4);

“Scottish Islands” means all islands off the northern and western coasts of Scotland with the exception of the Western Isles Islands Area;

“traditional winter keep” means the production of oats, barley, rye, bere, turnips, kale and hay;

“Western Isles Islands Area” means the area established by section 1(3) of the Local Government (Scotland) Act 1973(5).

(2) References in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.

(1)

1955 c. 21; section 3 was amended by the Crofters (Scotland) Act 1961 (c. 58), Schedule 1, Part II, paragraph 9.

(2)

1949 c. 75

(3)

1911 c. 49

(4)

O.J. No. L128, 14.5.86, p. 9.

(5)

1973 c. 65