“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–

1. (i)

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

   1. (ii)

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

   2. (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;

“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–

1. (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

   1. (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;

“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;

“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;

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

1. (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

   1. (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.