2019 No. 98
The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2019
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 19721 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2019 and come into force on 15 May 2019.
Amendment of the Less Favoured Area Support Scheme (Scotland) Regulations 2010
2
The Less Favoured Area Support Scheme (Scotland) Regulations 20102 are amended in accordance with regulations 3 to 8.
3
In regulation 2(1) (interpretation), after the definition of “Scheme 2018 payment” insert—
“Scheme 2019 payment” means the sum to which the applicant is entitled in respect of the period 1st January 2019 to 31st December 2019;
“Scheme 2020 payment” means the sum to which the applicant is entitled in respect of the period 1st January 2020 to 31st December 2020
4
In regulation 8(1) (Determination of Unadjusted Payable Area), for “The unadjusted payable area” substitute “Subject to regulation 8A, the unadjusted payable area”.
5
After regulation 8 insert—
Adjustment of the area of eligible land for a Scheme Year commencing on or after 1st January 20198A
1
Paragraph (2) applies for the purpose of the calculation in regulation 8(1) of the area of eligible land (in respect of a Scheme Year commencing on or after 1st January 2019.
2
Where the area of eligible land (subject to regulation 9(2) and (3)) exceeds—
a
4,000 hectares, a reduction of 10% is to be applied to the number of hectares exceeding that amount;
b
10,000 hectares, a reduction of 25% is to be applied to the number of hectares exceeding that amount (in addition to the application of the reduction in sub-paragraph (a)).
3
Where—
a
an applicant has land in more than one grazing category (as determined for the purposes of regulation 8); and
b
eligible land, for the purpose of the calculation in regulation 8(1), for that applicant has been reduced under paragraph (2),
the Scottish Ministers must apply that reduction in eligible land proportionately to the total of the eligible land in each grazing category for the purpose of the calculation in regulation 8(1).
6
In regulation 10(2) (enterprise mix) for “or the Scheme 2018 payment” substitute “, the Scheme 2018 payment, the Scheme 2019 payment, or the Scheme 2020 payment”.
7
In regulation 11 (rate of payment of less favoured area support)—
a
in paragraph (1)—
i
for “second column” substitute “second, third or fourth column”,
ii
before “fragility category” insert “Scheme Year and the”,
b
in paragraph (2)—
i
for “second column” substitute “second, third or fourth column”,
ii
before the words “fragility category” insert “Scheme Year and the”.
8
1
Schedule 5 (rates of payment for less favoured area support) is amended in accordance with paragraphs (2) and (3).
2
in Part I (more disadvantaged land), for the existing table substitute—
FRAGILITY CATEGORY | RATE | RATE | RATE |
|---|---|---|---|
Scheme 2011 payment, Scheme 2012 payment, Scheme 2013 payment, Scheme 2014 payment, Scheme 2015 payment, Scheme 2016 payment, Scheme 2017 payment, Scheme 2018 payment | Scheme 2019 payment | Scheme 2020 payment | |
Very Fragile (Islands) | £71.35 | £57.08 | £28.54 |
Fragile (Mainland) | £62.10 | £49.68 | £24.84 |
Standard | £52.16 | £41.72 | £20.86 |
3
in Part II (less disadvantaged land), for the existing table substitute—
FRAGILITY CATEGORY | RATE | RATE | RATE |
|---|---|---|---|
Scheme 2011 payment, Scheme 2012 payment, Scheme 2013 payment, Scheme 2014 payment, Scheme 2015 payment, Scheme 2016 payment, Scheme 2017 payment, Scheme 2018 payment | Scheme 2019 payment | Scheme 2020 payment | |
Very Fragile (Islands) | £63.00 | £50.40 | £25.20 |
Fragile (Mainland) | £54.51 | £43.60 | £21.80 |
Standard | £34.12 | £27.29 | £20.83 |
(This note is not part of the Regulations)