The SFGS Farmland Premium Scheme 2003

Interpretation

2.  In this Scheme–

“agricultural” shall be construed in accordance with section 86 of the Agriculture (Scotland) Act 1948(1), except that the expression “agricultural use” shall have the same meaning as in section 2(6) of the Farm Land and Rural Development Act 1988;

“agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of eligible agricultural activities and includes a business consisting in, or such part of a business as consists in entitling another person by lease for a term of less than 12 months to use the land for eligible agricultural activities where the Scottish Ministers are satisfied that the landlord carries out or is to carry out, whether personally or by a manager, during the period of 12 months commencing on the date the lease commences, a significant degree of management of that land;

“application” means application for grant under this Scheme and “applicant” shall be construed accordingly;

“arable land” means–

(i)

land on which an arable crop is growing or has been planted;

(ii)

land which is lying fallow as part of a normal crop rotation (including short term leys); or

(iii)

set-aside land which has been land within the meaning of (i) and (ii);

“broadleaved trees” does not include trees which are likely to be harvested within 30 years of planting;

“conversion plan” means a plan for the conversion of eligible land to woodlands by planting or natural regeneration;

“converted land” means eligible land converted from agricultural use to use for woodlands in accordance with a conversion plan;

“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes(2);

“Council Regulation 1257/99” means Council Regulation (EC) No. 1257/1999 of 17th May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(3);

“designated maps” means the 4 maps numbered 1 to 4, each such map being marked “Map of less favoured farming areas in Scotland” with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Executive, Environment and Rural Affairs Department of Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY;

“disadvantaged land” (except in the expression “severely disadvantaged land”) means land shown coloured blue or coloured pink on the designated maps, and–

(i)

which is in the opinion of the Scottish Ministers inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land; and

(ii)

whose agricultural production is in the opinion of the Scottish Ministers restricted (but not severely restricted) in its range by, or by any combination of, soil, relief, aspect or climate;

“eligible agricultural activity” does not include the use of land for the grazing of creatures which are not livestock;

“eligible land”, in relation to an application, means land which has been used for eligible agricultural activities for at least the three years before the date of the application;

“eligible Scots Pine” means native Scots Pine planted within any area of Scotland where the presence of native Scots pine once occurred naturally;

“grazings committee” means a committee appointed under section 47(1) or (3) of the Crofters (Scotland) Act 1993(4) and includes a grazings constable;

“holding” has the same meaning as it has in Article 1 of Council Regulation 3508/92, save that where–

(a)

an applicant entitles another person by lease for a term of less than twelve months to use land for eligible agricultural activities; and

(b)

the Scottish Ministers are satisfied that the applicant carries out or is to carry out, whether personally or by a manager, during the term of the lease or in the period of 12 months commencing on the date the lease commences, as the case may be, a significant degree of management of that land,

any such land shall be deemed to form part of that applicant’s holding;

“improved land”, means eligible land (other than arable land) which consists of land used for grazing where over one third of the sward comprises, singly or in mixture, ryegrass, cocksfoot or timothy, or land that has been improved by management practices such as liming and top dressing, where there is not a significant presence of sensitive plant species indicative of native unimproved grassland;

“initial entrant” means a person whose application is approved under paragraph 3(1);

“livestock” has the same meaning as in section 86 of the Agriculture (Scotland) Act 1948;

“nurse tree” means a coniferous tree which is planted to provide protection to tree seedlings and which is removed from the land within 10 years of planting;

“occupier” means–

(a)

a person who occupies land–

(i)

as proprietor of the dominium utile; or

(ii)

as tenant; or

(b)

in relation to a common grazing, the grazings committee for that common grazing,

and references to “occupies” and “occupation” shall be construed accordingly;

“the Plan” means the rural development plan drawn up in relation to Scotland and submitted in accordance with Article 41 of Council Regulation 1257/1999;

“planting” includes the sowing of tree seeds;

“the Scottish Forestry Grants Scheme” means the scheme under which the Forestry Commissioners may enter into agreements to make grants pursuant to section 1 of the Forestry Act 1979(5) for and in connection with the use and management of land for forestry purposes;

“set-aside land” has the same meaning as it has for the purposes of Council Regulation 1251/99(6) establishing a support system for producers of certain arable crops;

“severely disadvantaged land” means land shown coloured pink on the designated maps and–

(i)

which is in the opinion of the Scottish Ministers inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land; and

(ii)

whose agricultural production is in the opinion of the Scottish Ministers severely restricted in its range by, or by any combination of, soil, relief, aspect or climate;

“successor” means a person whose application is approved under paragraph 3(2);

“unimproved land” means eligible land other than arable land and improved land.

(1)

1948 c. 45.

(2)

O.J. No. L 355, 5.12.92, p.1, as amended by Council Regulation (EC) No. 165/1994 (O.J. No. L 24, 29.1.94, p.6), Council Regulation (EC) No. 3233/1994 (O.J. No. L 338, 28.12.94, p.13), Council Regulation (EC) No. 3235/1994 (O.J. No. L 338, 28.12.94, p.16), Council Regulation (EC) No. 3072/1995 (O.J. No. L 329, 30.12.95, p.18), Council Regulation (EC) No. 1577/1996 (O.J. No. L 206, 16.8.96, p.4), Council Regulation (EC) No. 2466/1996 (O.J. No. L 335, 24.12.96, p.1), Commission Regulation (EC) No. 613/1997 (O.J. No. L 94, 9.4.97, p.1), Council Regulation (EC) No. 820/1997 (O.J. No. L 117, 7.5.97, p.1), Council Regulation (EC) No. 1036/1999 (O.J. No. L 127, 21.5.99, p.4), Council Regulation (EC) No. 1593/00 (O.J. No. L 182, 21.7.00, p.4) and Council Regulation (EC) No. 495/2001 (O.J. No. L 72, 14.3.01, p.6).

(3)

O.J. No. L 160, 26.6.99, p.80.

(4)

1993 c. 44.

(5)

1979 c. 21. Section 1 was amended by the Crofter Forestry (Scotland) Act 1991, section 3(1). The Forestry Commissioners were continued in existence by the Forestry Act 1967 (c. 10), s1(1), and are constituted under s.2 of that Act.

(6)

O.J. No. L 160, 26.6.99, p.1. Council Regulation 1251/99 was amended by Council Regulations 2704/99 (O.J. No. L 327, 21.12.99, p.12), 1672/00 (O.J. No. L 193, 29.7.00, p.13) and 1038/01 (O.J. No. L 145, 31.5.01, p.16).