The Heather Moorland (Livestock Extensification) (Scotland) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to Scotland and make provision for the payment of aid to farmers who undertake to reduce the proportion of sheep per forage area pursuant to Article 2(1)(c) of Council Regulation (EEC) No. 2078/92 (OJ No. L 215, 30.7.92, p.85) on agricultural methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (“the Agri-environmental Regulation”).

The Regulations—

(a) define the “specified stocking rate” which a sheep farmer or grazing committee have to meet on their heather moorland so as to be eligible for aid, and also define “heather moorland” and “relevant livestock” (regulation 2(1));

(b) enable the Secretary of State to make payments of aid to applicants satisfying the conditions of and applying in accordance with the Regulations (regulation 3);

(c) specify the conditions of eligibility to be satisfied by applicants for aid (regulation 4);

(d) specify the conditions for the participation of crofters common grazings committees (regulation 5);

(e) specify the requirements in relation to applications for aid and the documents to accompany such applications (regulation 6);

(f) specify restrictions on the acceptance of applications by the Secretary of State (regulation 7);

(g) make provision for an increase in ewe numbers kept on a holding (regulation 8);

(h) make provision prohibiting transfer or lease of unused quota by participants in the scheme. Producers who give undertakings under the Regulations will be participating in an extensification programme in accordance with the measure referred to in Article 2(1)(c) of the Agri-environmental Regulation. Accordingly the provision of Article 7(4) of Commission Regulation (EEC) No.3567/92 (OJ No.L362, 11.12.92, p.41) as amended by Commission Regulation (EC) No.1720/94, OJ No.L181, 15.7.94, p.6) laying down detailed rules for the application of the individual limits, national reserves and transfer of rights in the sheepmeat and goat-meat sector, will apply. Such producers will not be permitted to transfer or lease any quota released as a result of their participation in the scheme for the duration of their participation in the scheme (regulation 9);

(i) make provision for payment of aid to a new occupant where there has been a change in the occupation of the whole or part of a holding due to the death of a beneficiary or otherwise (regulation 10);

(j) specify the amounts, period and method of payment of aid (regulation 11);

(k) require an applicant or beneficiary to permit an authorised person to enter premises and inspect premises, documents and records and to give reasonable assistance to the authorised person (regulation 12);

(l) specify circumstances when the Secretary of State may withhold aid or recover payments already made (regulation 13); and

(m) create offences and prescribe penalties (regulation 14).