The Crofting Counties Agricultural Grants (Scotland) Scheme 2006

Interpretation S

2.— [F1 (1)]  In this Scheme–

“the Act of 1993” means the Crofters (Scotland) Act 1993;

[F2 “application” means an application for grant under this Scheme and “applicant” is to be construed accordingly;]

“approved” means approved by the Scottish Ministers in writing and “approve” and “approval” shall be construed accordingly;

[F3 “authorised person” means a person who is authorised by the Scottish Ministers, either generally or specifically, to act in relation to matters arising under this Scheme;]

[F4 “Commission Regulation 65/2011” means Commission Regulation (EU) No 65/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures, as amended from time to time [F5 (except in relation to paragraph 6(4)(c))];]

F6 ...

[F7 “Commission Implementing Regulation 809/2014” means Commission Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance, as amended from time to time;]

“crofter” includes any grazings committee or grazings constable appointed under section 47 of the Act of 1993 and in the application of this Scheme to a grazings committee or a grazings constable any reference to a croft shall be construed as a reference to the common grazings for the management of which the committee or, as the case may be, the grazings constable is responsible;

[F8 “designated maps” means the four maps numbered 1 to 4, each such map being marked “Map of less-favoured farming areas in Scotland”, dated 5th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Government Rural Payments and Inspections Directorate, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD;]

[F9 “eligible occupier” means—

(a)

an owner-occupier crofter;

(b)

the subtenant of a croft or part of a croft occupying under a sublease granted by a crofter with the written consent of the Crofters Commission under section 27(2) of the Act of 1993 and in accordance with any conditions imposed by them under section 27(5) of that Act; or

(c)

the tenant under a short lease of an owner-occupied croft (or any part of it) granted by an owner-occupier crofter with the consent of the Crofters Commission under section 29A(1) of the Act of 1993 and in accordance with any conditions imposed by them under section 29A(4) of that Act;]

“Less Favoured Area” means the land shown coloured in blue or in pink on the designated maps–

(a)

which is situated in an area included in the list of less favoured farming areas adopted by Council Directive 84/169/EEC concerning the Community list of less favoured farming areas(1) within the meaning of Directive 75/268/EEC(2) (United Kingdom) [11]; and

(b)

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

“livestock” includes any creature kept for the production of food, wool, skins, or fur or for the purpose of its use in the farming of land; F10 ...

“operation” means any of the operations specified in the Schedule to this Scheme;

[F11 “Regulation 1305/2013” means Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005; and]

[F11 “young farmer” has the same meaning as in point (n) of Article 2(1) of Regulation 1305/2013 as read with Annex II of that Regulation.]

[F12 (2) A reference in this Scheme to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000 which has been recorded and is consequently capable of being reproduced.]

Textual Amendments

F1 Para. 2 renumbered as para. 2(1) (17.3.2008) by virtue of The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(2)(a)

F2 Words in para. 2(1) inserted (1.4.2011) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2011 (S.S.I. 2011/72), paras. 1, 3(2)(a) (with para. 4)

F3 Words in para. 2(1) inserted (17.3.2008) by The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(2)(b)

F4 Words in para. 2(1) inserted (1.7.2011) by The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2011 (S.S.I. 2011/262), paras. 1, 3(2)

F5 Words in para. 2(1) inserted (31.12.2020) by The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/60), regs. 1(1)(b), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in para. 2(1) omitted (28.2.2019) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 18

F7 Words in para. 2(1) inserted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(2)(a) (with para. 4)

F8 Words in para. 2(1) inserted (1.4.2011) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2011 (S.S.I. 2011/72), paras. 1, 3(2)(b) (with para. 4)

F9 Words in para. 2(1) substituted (1.4.2011) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2011 (S.S.I. 2011/72), paras. 1, 3(2)(c) (with para. 4)

F10 Word in para. 2(1) omitted (6.4.2015) by virtue of The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(2)(b) (with para. 4)

F11 Words in para. 2(1) inserted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(2)(c) (with para. 4)

F12 Para. 2(2) inserted (17.3.2008) by The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(2)(c)

Commencement Information

I1 Para. 2 in force at 25.1.2006, see para. 1

(1)

O.J. L 82, 26.3.84, p.67.

(2)

O.J. L 128, 19.5.75, p.8.