InterpretationS
2.—(1) In these Regulations—
“authorised person” means any person authorised by the Scottish Ministers or the Scottish Environment Protection Agency to act in matters arising under these Regulations, the Horizontal Regulation, the Horizontal Delegated Regulation or the Horizontal Implementing Regulation;
“beneficiary” has the same meaning as in Article 2(1) of the Horizontal Delegated Regulation M1;
[F1“claim year” has the meaning given in section 1(7) of the Direct Payments to Farmers (Legislative Continuity) Act 2020 M2;]
“control report” means a control report pursuant to Article 72 of the Horizontal Implementing Regulation, and “provisional control report” is a draft control report detailing all the information required in a control report;
“holding” has the same meaning as in Article 91 of the Horizontal Regulation;
“non-compliance” has the same meaning as at point (2)(b) in Article 2(1) of the Horizontal Delegated Regulation;
“Scottish Environment Protection Agency” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 M3;
“the Horizontal Regulation” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 as amended from time to time M4;
“the Horizontal Delegated Regulation” means Commission Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance as amended from time to time M5; and
“the Horizontal Implementing Regulation” 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 M6.
(2) Other expressions used in these Regulations have, unless the context otherwise requires, the meaning as in the Horizontal Regulation, the Horizontal Delegated Regulation and the Horizontal Implementing Regulation.
F2(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Anything done under these Regulations to be done in writing includes an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000 M7 which has been recorded and is consequently capable of being reproduced.
Textual Amendments
F1Words in reg. 2(1) inserted (31.1.2020) by The Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/18), regs. 1(2), 2(2)(a)
F2Reg. 2(2A) omitted (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 8
Marginal Citations
M1The definition of “beneficiary” is found at point (1) of Article 2(1).
M4OJ L 347, 20.12.2013, p.549 as amended by Regulation (EU) No 1310/2013 (OJ L 347, 20.12.2013, p.865).
M5OJ L 181, 20.6.2014, p.48.
M6OJ L 227, 31.7.2014, p.69.
M72000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21), section 406 and Schedule 17, paragraph 158.