EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Less Favoured Area Support Scheme (Scotland) Regulations 2010 (“the 2010 Regulations”). The 2010 Regulations make provision for the purposes of the implementation of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (O.J. L 277, 21.10.2005, p.1), Commission Regulation (EC) No. 1974/2006 (O.J. L 368, 23.12.2006, p.15) and Commission Regulation (EU) 65/2011 (O.J. L 25, 28.1.2011, p.8), both laying down detailed rules for the application of Council Regulation 1698/2005.
Regulation 3 amends regulation 2 of the 2010 Regulations to insert a new definition of “minimum stocking density”, by reference to the new regulation 9(1A), (1B) and (1C) of, and Part III of Schedule 4 to, the 2010 Regulations as inserted by regulations 6 and 11 of these Regulations. From 2011 the minimum stocking density will depend on the relevant grazing category applicable to land eligible for payment or less favoured area support.
Regulation 3 also amends the 2010 Regulations by inserting a definition of Commission Regulation 65/2011 which repealed Commission Regulation 1975/2006 (O.J. L 368, 23.12.2006, p.74). Regulations 6(c), 8 and 9 amend the 2010 Regulations to take account of the provisions of Commission Regulation 65/2011.
Regulation 4 amends regulation 5 of the 2010 Regulations to allow further areas of less favoured area land to be eligible for less favoured area support for the Scheme Years 2011-2013. The new regulation 5(1)(a)(ii) allows less favoured area land which has not previously been allocated a grazing category to be eligible for those Scheme Years in addition to previously eligible land. A grazing category is to be allocated by the Scottish Ministers having regard to the stocking density calculated in accordance with regulation 9(4) of, and Parts I and II of Schedule 4 to, the 2010 Regulations.
Regulation 5 makes a change consequential on the changes made by regulation 4 by allowing a hectare value to be calculated (on the basis of grazing category) for the further areas of land being brought into the Scheme.
Regulation 7 amends regulation 10 of the 2010 Regulations to substitute a new paragraph (3), to insert new paragraphs (4) and (5) and consequentially amend paragraph (1) in order to clarify the drafting.
Regulation 10 amends Schedule 2 to the 2010 Regulations to insert a new land use code for arable silage for stock feed (ASSF) for the purpose of the definition of “eligible land” in regulation 5(1) of the 2010 Regulations.
Regulation 12 (which substitutes Parts I and II of Schedule 5 to the 2010 Regulations) specifies new rates of payment for less favoured area support in accordance with regulations 7 and 11 of the 2010 Regulations.
No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.