Grants under this Scheme9.

(1)

Subject to the provisions of this Scheme, the Scottish Ministers may make to an initial entrant or a successor, or executors of such an initial entrant or successor, grants for abating financial loss which has been or will be suffered in consequence of occupation of converted land by such person.

(2)

Subject to sub-paragraph (3) below, grants under sub-paragraph (1) above shall be made annually in relation to the categories of converted land specified in column 1 of Schedule 1 to this Scheme at the rate per hectare specified in the corresponding entry in column 2 of that Schedule and shall be made in respect of the area of such converted land remaining in the occupation of the claimant at the time the claim for payment is made.

(3)

Where an applicant, in the area aid application of that person submitted in relation to any period in respect of which payment is made under this Scheme, counts an area of converted land as set aside for the purposes of the set-aside requirement, the rate payable under this Scheme in relation to that area of converted land in respect of any period for which it is so counted, shall not exceed the set aside payment in relation to that land.

(4)

For the purposes of this paragraph–

(a)

“area aid application” means the application provided for by Article 6(1) of Council Regulation 3508/92;

(b)

“Council Regulation 1251/99” means Council Regulation (EEC) No. 1251/99 establishing a support system for producers of certain arable crops;

(c)

“set-aside payment” means, in relation to an area of land which is converted land, the compensatory payment provided for in Article 4(3) of Council Regulation 1251/99, as amended by Council Regulation (EC) 1672/0011, which would be made in relation to that area were it not converted land; and

(d)

“set-aside requirement” means the requirement to set land aside in accordance with Article 6(1) of Council Regulation 1251/99.