Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision for the purposes of implementation of Council Regulation (EC) No.1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund and Commission Regulation (EC) No. 1750/1999 laying down detailed rules for the application of Council Regulation No. 1257/1999.
They apply to holdings which are administered by the Scottish Ministers under the Integrated Administration and Control System Regulations 1993 (regulation 1(2)).
Applications for less favoured area support (“LFAS”) are to be made to the Scottish Ministers on a date which they shall determine each year. Failure to meet the deadline will result in reduction of the payment of support (regulation 3).
Eligibility for payment of LFAS is dependent upon the applicant meeting the criteria set out in regulation 4. It can only be paid to an applicant who carries out an eligible agricultural activity (defined in regulation 2(1)) on eligible land (defined in regulation 6). No payment will be made where the amount of eligible land is less than 3 hectares (regulation 5). There is provision at regulation 7 to determine to whom payment should be made where a holding is transferred during a Scheme Year.
LFAS is paid for eligible hectares on farms in Scottish less-favoured areas at specified rates (regulations 8(1), 9(1), 9(2) and Schedule 1). The number of eligible hectares may be reduced because the applicant does not maintain minimum or average stocking densities, as appropriate (regulations 6(3) and 9(3)). Minimum and average stocking densities are defined in regulation 2(1).
There are transitional arrangements for scheme years 2001 to 2003 (regulation 10). For those years LFAS may be increased if an applicant is due to receive less under these Regulations when compared with any payment paid or due under the 1999 Regulations. This is also provision to reduce the payment to be paid under the transitional provisions where the forage area of the holding is reduced by more than 25% during the course of Scheme Years 2001 to 2003 (regulation 10(6)).
Regulation 11 contains powers of enforcement. Regulation 13 provides for withholding or recovery of compensatory allowances where there is a breach of the rules of the Scheme. Regulations 16 and 17 deal with offences and penalties.
Regulations 20 to 22 deal with an applicants right of appeal against decisions taken by the Scottish Ministers. There is also a consequential amendment to the Agricultural Subsidies (Appeals) (Scotland) Regulations 2000.