The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997

PART I CATEGORIES OF PERSON ELIGIBLE TO BE ALLOCATED QUOTA FROM THE NATIONAL RESERVE FOR A GIVEN YEAR

CATEGORY I

(1) Any producer who—

(a) in the relevant year participated in—

(i) the Countryside Stewardship Scheme (in England); or

(ii) Tir Cymen (in Wales), (established in each case under section 4(1) of the Countryside Act 1968);

(b) because of his participation in the relevant scheme specified in sub-paragraph (a) of this paragraph was required to reduce in (or in a period including) the relevant year the number of sheep or as the case may be suckler cows kept by him; and

(c) can demonstrate that at the time he makes his application for an allocation of quota from the national reserve for a given year—

(i) his participation in the relevant scheme specified in sub-paragraph (a) of this paragraph has ended, or

(ii) he is irrevocably committed to ending his participation in the relevant scheme specified in sub-paragraph (a) of this paragraph before the close of the application period for the Sheep Annual Premium Scheme or as the case may be Suckler Cow Premium Scheme for the year corresponding with that given year.

(2) Any producer who—

(a) in the relevant year was a party to—

(i) any Wildlife Enhancement Scheme management agreement entered into under section 15 of the Countryside Act 1968(1),

(ii) any management agreement concerning a Site of Special Scientific Interest entered into under the said section 15,

(iii) any management agreement concerning land adjacent to a Site of Special Scientific Interest entered into under the said section 15,

(iv) any management agreement concerning a National Nature Reserve entered into under section 16 of the National Parks and Access to the Countryside Act 1949(2), or

(v) any management agreement made under section 39 of the Wildlife and Countryside Act 1981(3) or section 49A of the Countryside (Scotland) Act 1967(4);

(b) by virtue of his being bound by the relevant agreement specified in sub-paragraph (a) of this paragraph was required to reduce in (or in a period including) the relevant year the number of sheep or as the case may be suckler cows kept by him; and

(c) can demonstrate that at the time he makes his application for an allocation of quota from the national reserve for a given year—

(i) he has ceased to be a party to the relevant agreement specified in sub-paragraph (a) of this paragraph, or

(ii) he is irrevocably committed to ending his participation in the relevant agreement specified in sub-paragraph (a) of this paragraph before the close of the application period for the Sheep Annual Premium Scheme or as the case may be Suckler Cow Premium Scheme for the year corresponding with that given year.

CATEGORY II

Any producer who can demonstrate that at the time he makes his application for an allocation of quota from the national reserve for a given year—

(a) he has in any capacity taken over any part of any land from which any amount of quota of the corresponding kind acquired under the Community legislation other than by way of lease or transfer has been removed by a departing tenant or sharefarmer; or

(b) he has irrevocably committed himself to taking over any such part by the close of the application period for the Sheep Annual Premium Scheme or as the case may be Suckler Cow Premium Scheme for the year corresponding with that given year.

CATEGORY III, GROUP (a)

Any person who at the time he makes his application for an allocation of quota from the national reserve for a given year can demonstrate that—

(a) he has become a producer or (already being a producer) he has increased the size of his existing flock or as the case may be herd in consequence of his reverting from arable to livestock farming by virtue of his—

(i) making any Environmentally Sensitive Area Scheme agreement under section 18 of the Agriculture Act 1986(5) or article 3 of the Agriculture (Environmental Areas) (Northern Ireland) Order 1987(6),

(ii) entering into any Nitrate Sensitive Area agreement under section 112 of the Water Act 1989(7) or section 31B of the Control of Pollution Act 1974(8),

(iii) participating in the Countryside Stewardship Scheme in England or Tir Cymen in Wales (established in each case under section 4(1) of the Countryside Act 1968),

(iv) entering into any Wildlife Enhancement Scheme management agreement under section 15 of the Countryside Act 1968,

(v) entering into any management agreement concerning a Site of Special Scientific Interest under the said section 15,

(vi) entering into any management agreement concerning land adjacent to a Site of Special Scientific Interest under the said section 15,

(vii) entering into any management agreement concerning a National Nature Reserve under section 16 of the National Parks and Access to the Countryside Act 1949, or

(viii) making or as the case may be entering into any management agreement under section 39 of the Wildlife and Countryside Act 1981, section 49A of the Countryside (Scotland) Act 1967 or article 9 of the Nature (Conservation and Amenity Lands) (Northern Ireland) Order 1985(9),

(ix) undertaking to comply with the requirements of a Nitrate Sensitive Area Scheme established under the Nitrate Sensitive Area Regulations 1994(10),

(x) undertaking to comply with the management obligations of a Habitat Scheme established under the Habitat (Water Fringe) Regulations 1994(11), the Habitat (Salt-Marsh) Regulations 1994(12), the Habitat (Scotland) Regulations 1994(13), the Habitat (Broadleaved Woodland) (Wales) Regulations 1994(14), the Habitat (Water Fringe) (Wales) Regulations 1994(15), the Habitat (Coastal Belt) (Wales) Regulations 1994(16) or the Habitat (Species-Rich Grassland) (Wales) Regulations 1994(17), or

(xi) participating in a development project or scheme established under section 5 of the Natural Heritage (Scotland) Act 1991(18); or

(b) he has irrevocably committed himself to becoming a producer or (already being a producer) to increasing the size of his existing flock or as the case may be herd by the close of the application period for the Sheep Annual Premium Scheme or as the case may be Suckler Cow Premium Scheme for the year corresponding with that given year in consequence of his reverting from arable to livestock farming by virtue of his taking the said action or participating in any such project or scheme.

CATEGORY III, GROUP (b)

Any young natural person—

(a) who is a newcomer to farming and whose first application for sheep annual premium or as the case may be suckler cow premium is in respect of a marketing or as the case may be calendar year corresponding with the one in which he makes an application for an allocation of quota from a particular national reserve; or

(b) who (although he was a newcomer to farming and made a successful first application for sheep annual premium or as the case may be suckler cow premium in respect of the marketing or as the case may be calendar year immediately prior to the one in respect of which he makes an application for an allocation of quota from a particular national reserve) did not receive an allocation of quota from the national reserve immediately preceding that particular national reserve.

CATEGORY IV

Any other natural person—

(a) who is a newcomer to farming and whose first application for sheep annual premium or as the case may be suckler cow premium is in respect of the marketing or as the case may be calendar year corresponding with the one in which he makes an application for an allocation of quota from a particular national reserve; or

(b) who (although he was a newcomer to farming and made a successful first application for sheep annual premium or as the case may be suckler cow premium in respect of the marketing or as the case may be calendar year immediately prior to the one in respect of which he makes an application for an allocation of quota from a particular national reserve) did not receive an allocation of quota from the national reserve immediately preceding that particular national reserve.

CATEGORY V

Any person who at the time he makes his application for an allocation of quota from the national reserve for a given year can demonstrate that—

(a) he has become a producer or (already being a producer) he has increased the size of his existing flock or as the case may be herd in consequence of his following a plan approved under the Community aid scheme for organic agriculture established by Council Regulation (EEC) No. 2078/92 as implemented in the United Kingdom by the Organic Farming (Aid) Regulations 1994(19); or

(b) he has irrevocably committed himself to becoming a producer or (already being a producer) to increasing the size of his existing flock or as the case may be herd by the close of the application period for the Sheep Annual Premium Scheme or as the case may be Suckler Cow Premium Scheme for the year corresponding with that given year in consequence of his following a plan approved under the Community aid scheme for organic agriculture established by Council Regulation (EEC) No. 2078/92 as implemented in the United Kingdom by the Organic Farming (Aid) Regulations 1994.

CATEGORY VI, GROUP (a)

Any producer who—

(a) can produce appropriate documentary evidence that he intends to make his first application for sheep annual premium or as the case may be suckler cow premium in respect of a marketing or as the case may be calendar year corresponding with the one in which he makes an application for an allocation of quota from a particular national reserve; or

(b) (although he made a successful first application for sheep annual premium or as the case may be suckler cow premium in respect of the marketing or as the case may be calendar year immediately prior to the one in respect of which he makes an application for an allocation of quota from a particular national reserve) did not receive an allocation of quota from the national reserve immediately preceding that particular national reserve.

CATEGORY VI, GROUP (b)

Any producer who at the time he makes his application for an allocation of quota from the national reserve for a given year can demonstrate that—

(a) he has acquired any part of an area—

(i) formerly used for sheep or as the case may be suckler cow production by another producer, and

(ii) which was acquired for industrial, military, commercial or construction purposes on the giving of an undertaking that it would in due course be returned to agricultural use; or

(b) he has irrevocably committed himself to acquiring any such part of an area as is specified in paragraph (a) of this category before the close of the application period for the Sheep Annual Premium Scheme or as the case may be Suckler Cow Premium Scheme for the year following that given year.

In category II, quota which has been acquired by a tenant or sharefarmer under the Community legislation other than by way of lease or transfer shall be regarded as having been removed from land by that person where he leaves the land in question permanently, and paragraph 2 of Schedule 4 shall be construed accordingly.

In categories III, group (b), IV and VI, group (a), “national reserve immediately prior to that particular national reserve” includes a reference to the national reserve for 1997 (insofar as it related to suckler cow premium quota) and the national reserve for 1998 (insofar as it related to sheep annual premium quota), within the meaning in each case of the definition of “the national reserve for any given year later than 1993” in regulation 2(1) of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993, as read with regulation 2(4) thereof.

(1)

1968 c. 41; section 15 was amended by section 1 of and paragraph 9 of Schedule 1 to the Nature Conservancy Council Act 1973 (1973 c. 54), section 72(8) of and Schedule 17 to the Wildlife and Countryside Act 1981 (1981 c. 69), sections 132(1) and 162(2) of and paragraph 4(2) of Schedule 9, and Schedule 16, to the Environmental Protection Act 1990 (1990 c. 43) and section 4(10) of and paragraph 3 of Schedule 2 to the Natural Heritage (Scotland) Act 1991 (1991 c. 28).

(2)

1949 c. 97; section 16 was amended by section 1(1)(b) of and paragraph 1 of Schedule 1 to the Nature Conservancy Council Act 1973 (1973 c. 54), section 132(1) of and paragraph 1(3) of Schedule 9 to the Environmental Protection Act 1990 (1990 c. 43) and section 4(6) of and paragraph 1(3) of Schedule 2 to the Natural Heritage (Scotland) Act 1991 (1991 c. 28).

(3)

1981 c. 69; section 39 was amended by section 7(1) of and paragraph 7(3) of Schedule 3, and Schedule 17, to the Local Government Act 1985 (1985 c. 51) and section 2(5) of and paragraph 31(2) of Part I of Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (1988 c. 4).

(4)

1967 c. 86; section 49A was inserted by section 9 of the Countryside (Scotland) Act 1981 (1981 c. 44) and amended by paragraph 4(3) of Schedule 10 to the Natural Heritage (Scotland) Act 1991 (1991 c. 28).

(5)

1986 c. 49; section 18 was amended by section 132(1) of and paragraph 13 of Schedule 9 to the Environmental Protection Act 1990 (1990 c. 43), paragraph 12 of Schedule 10 to the Natural Heritage (Scotland) Act 1991 (1991 c. 28), paragraph 45 of Schedule 11 to the Agricultural Holdings (Scotland) Act 1991 (1991 c. 55) and S.I. 1994/249.

(6)

S.I. 1987/458 (N.I. 3).

(7)

1989 c. 15; section 112 was repealed by section 3(1) of and Part I of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (1991 c. 60).

(8)

1974 c. 40; section 31B was inserted by Schedule 23 to the Water Act 1989 (1989 c. 15).

(9)

S.I. 1985/170 (N.I. 1), amended by S.I. 1989/492 (N.I. 3).

(10)

S.I. 1994/1729, amended by S.I. 1995/1708, S.I. 1995/2095, S.I. 1996/3105 and S.I. 1997/990.

(11)

S.I. 1994/1291, amended by S.I. 1996/1480.

(12)

S.I. 1994/1293, amended by S.I. 1995/2871 (as corrected by S.I. 1995/2891) and S.I. 1996/1479.

(13)

S.I. 1994/2710 (S. 138).

(14)

S.I. 1994/3099.

(15)

S.I. 1994/3100.

(16)

S.I. 1994/3101.

(17)

S.I. 1994/3102.

(18)

1991 c. 28.

(19)

S.I. 1994/1721, amended by S.I. 1996/3109.