The Rural Stewardship Scheme (Scotland) Regulations 2001

Interpretation S

2.—(1) In these Regulations–

• “1991 Act” means the Agricultural Holdings (Scotland) Act 1991 M1 ;

• “activities” means the activities referred to in regulation 3(3) and “activity” shall be construed accordingly;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, the use of land as grazing land, meadowland, osier land, reed beds, market gardens and nursery grounds;

• “applicant” means a person who has made an application for aid under these Regulations and in regulations 11 to 14 includes a person whose application for aid has been accepted and a person who takes on an undertaking on a change of occupation as provided in regulation 10;

• “application for aid” means an application for aid under these Regulations;

• “authorised person” means a person who is authorised by the Scottish Ministers, either generally or specifically, to act in relation to matters arising under these Regulations;

• “Commission Regulation” means Commission Regulation (EC) No. 1750/1999/ M2 , (as amended by Commission Regulation (EC) No. 2075/2000 M3 ), laying down detailed rules for the application of the Council Regulation;

• “Council Regulation” means Council Regulation (EC) No. 1257/1999 M4 on support for rural development from the European Agricultural Guidance and Guarantee Fund;

• “eligible land” means land which is used for agriculture;

• “environmental audit” means a report of a survey of eligible land which identifies the extent and location of features of environmental interest (including flora and fauna, landscape and water features and features of archaeological interest), the opportunities for enhancement of such features and a written statement which outlines proposals (if any) for the management of eligible land, including permanent grassland and waste management;

• “grazings committee” means a committee appointed under section 47(1) or (3) of the Crofters (Scotland) Act 1993 M5 and includes a grazings constable;

• “landlord” means–

  (a)

  in the case of an agricultural holding to which the 1991 Act applies, the landlord within the meaning of section 85 of that Act;

  (b)

  in the case of a croft within the meaning of the Crofters (Scotland) Act 1993, 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 M6 to which the 1991 Act does not apply, the same as it means in the 1911 Act,

  and, where appropriate, includes a head tenant;

• “moorland” means land with predominantly semi-natural upland vegetation or comprising predominantly rock outcrops and semi-natural upland vegetation used primarily for rough grazing;

• “relevant period” means a period of not less than 5 years;

• “tenant” means–

  (a)

  in the case of an agricultural holding to which the 1991 Act applies, the tenant within the meaning of section 85 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;

• “undertaking” means an undertaking mentioned in regulation 3(2).

(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 M7 which has been recorded and is consequently capable of being reproduced.

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

(4) Any reference in these Regulations to a numbered paragraph, shall be construed as a reference to the paragraph so numbered in the regulation in which the reference occurs.

(5) Words and phrases used in Schedules 1 to 4 and not defined in paragraph (1) shall be construed in accordance with Schedule 5.

Marginal Citations

M1 1991 c.55.

M2 O.J. No. L 214, 13.08.99, p.31.

M3 O.J. No. L 246, 30.09.01, p.46.

M4 O.J. No. L 160, 26.06.99, p.80.

M5 1993 c.44.

M6 1911 c.49.

M7 2000 c.7.