The Set-Aside Access (Scotland) Regulations 1994

Interpretation

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

“access area” means the area of land in relation to which the beneficiary assumes access obligations under the provisions of these Regulations;

“access obligations” means the obligations assumed by the beneficiary by virtue of the undertakings referred to in regulation 3 or 7;

“access period”, in relation to an application accepted by the Secretary of State, means the period of 5 consecutive years commencing on 15 January of the year in which that date first occurs after the date of acceptance of that application;

“access route” has the meaning assigned to that expression in regulation 4(1)(a);

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds and “agricultural” shall be construed accordingly;

“application” means an application for aid under regulation 5 and “applicant” shall be construed accordingly;

“beneficiary” means—

(a)

a person whose application has been accepted; or

(b)

a person who is deemed to be a beneficiary by virtue of regulation 7(4)(a);

“holding” means land which is occupied as a unit for agricultural purposes;

“landlord” means—

(a)

in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1991(1) applies, the landlord within the meaning of section 85(1) of that Act;

(b)

in the case of a croft within the meaning of the Crofters (Scotland) Act 1993(2), the landlord within the meaning of section 61(1) of that Act;

(c)

in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911(3) to which the 1991 Act does not apply, the same as it means in the 1911 Act;

and, where appropriate, includes a head tenant;

“landscape feature” includes the sea, an area of woodland, a river or a loch;

“open field site” has the meaning assigned to that expression in regulation 4(1)(b);

“quiet recreation” includes walking, viewing and picnicking;

“set aside” means set aside in accordance with the provisions of—

(a)

Council Regulation (EEC) No.1765/92 establishing a support system for certain arable crops(4) as amended by Council Regulation (EEC) No.1541/93(5) and Council Regulation (EC) No.231/94(6), and

(b)

Article 5(1) of Commission Regulation (EC) No.762/94 laying down detailed rules for the application of Council Regulation (EEC) No.1765/92 with regard to set-aside(7);

“tenant” means—

(a)

in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1991 applies, the tenant within the meaning of section 85(1) of that Act;

(b)

in the case of a croft within the meaning of the Crofters (Scotland) Act 1993, the crofter within the meaning of section 3(3) of that Act;

(c)

in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1991 Act does not apply, the tenant within the meaning of section 2(2) of the 1911 Act;

and, where appropriate, includes a sub-tenant;

“wildlife” means—

(a)

any animal species (other than a species of bird) which is ordinarily resident in Scotland in a wild state;

(b)

any species of bird which is ordinarily resident or is a visitor to Scotland in a wild state; and

(c)

any species of plant which ordinarily grows in Scotland in a wild state.

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

(1)

1991 c. 55.

(2)

1993 c. 44.

(3)

1911 c. 49.

(4)

OJ No.L181, 1.7.92, p.12.

(5)

OJ No.L154, 25.6.93, p.1.

(6)

OJ No.L30, 3.2.94, p.2.

(7)

OJ No.L90, 7.4.94, p.8.