The Less Favoured Area Support Scheme (Scotland) Regulations 2010

Stocking density outwith the minimum and maximum stocking density parameters S

9.—(1) The provisions of this regulation apply where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 4 is either less than the minimum stocking density or greater than the maximum stocking density.

[F1 (1A) Subject to paragraphs (1B) and (1C), the minimum stocking density is the entry in the second column in Part III of Schedule 4 corresponding to the grazing category in the first column of that Part of that Schedule.

(1B) Where an applicant has eligible land which comprises land falling into more than one grazing category (as determined for the purposes of regulation 8), the minimum stocking density is the sum (to two decimal places) of the minimum stocking densities for each grazing category calculated in accordance with paragraph (1C).

(1C) The minimum stocking density for each grazing category is the proportion of the minimum stocking density (as set out in the second column in Part III of Schedule 4 corresponding to the grazing category in the first column of that Schedule) that the land in the grazing category represents in relation to the overall eligible land.]

(2) Where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 4 is less than the minimum stocking density, the eligible land for the purposes of the calculation in regulation 8(1) is the number of hectares calculated in accordance with the following formula—

Where—

• E1 is the area of eligible land adjusted in accordance with this regulation;

• F is the total area of eligible land of the applicant;

• S is the stocking density calculated for the applicant in accordance with paragraph (4) and Parts I and II of Schedule 4; and

• M is the minimum stocking density.

(3) Where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 4 is greater than the maximum stocking density, the eligible land for the purposes of the calculation in regulation 8(1) is the number of hectares calculated in accordance with the following formula—

Where—

• E2 is the area of eligible land adjusted in accordance with this regulation;

• F is the total area of eligible land of the applicant;

• M is the maximum stocking density; and

• S is the stocking density calculated for the applicant in accordance with paragraph (4) and Parts I and II of Schedule 4.

(4) For the purpose of [F2 regulation 5(1)(a)(ii), regulation 8(4)(c) and] paragraphs (1), (2) and (3), the stocking density is to be calculated in accordance with Parts I and II of Schedule 4, using—

(a) livestock units based on the number of livestock which the Scottish Ministers determine were maintained by the applicant—

(i) in 2009, where the applicant maintained livestock on eligible land declared in a single application in 2009; or

(ii) in the first year of application for less favoured area support where the applicant did not submit a single application or claim less favoured area support in or prior to 2009; and

(b) the historic land area.

(5) In determining the number of livestock for the purposes of paragraph (4)(a), the Scottish Ministers must have regard to the livestock numbers declared by the applicant as being maintained by the applicant on eligible land on key dates in 2009 or the first year of application for less favoured area support, where the applicant did not submit a single application or claim less favoured area support in or prior to 2009.

(6) 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) or (3),

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).

(7) Where the stocking density calculated in accordance with paragraph (4) was less than the minimum stocking density due to the culling of the stock on the land in question in the context of the control of an outbreak of an epizootic disease—

(a) during 2009; or

(b) where the applicant did not submit a single application or claim less favoured area support in or prior to 2009, the first year of application,

the applicant may request that the Scottish Ministers determine the stocking density to be used for the purposes of the formula at paragraph (2).

(8) For the purposes of this regulation and Part II of Schedule 4, “historic land area” means the area of eligible land declared by the applicant in a single application in 2009 or in the first year of application where the applicant did not submit a single application or claim less favoured area support in or prior to 2009, prior to deduction of either or both of—

(a) any penalty area calculated in accordance with [F3 Commission Regulation 65/2011]; and

(b) any area deducted in accordance with regulation 6(5) of the 2007 Regulations(1).

Textual Amendments

F1 Reg. 9(1A)-(1C) inserted (14.3.2011) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2011 (S.S.I. 2011/73), regs. 1, 6(a)

F2 Words in reg. 9(4) inserted (14.3.2011) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2011 (S.S.I. 2011/73), regs. 1, 6(b)

F3 Words in reg. 9(8)(a) substituted (14.3.2011) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2011 (S.S.I. 2011/73), regs. 1, 6(c)

Commencement Information

I1 Reg. 9 in force at 2.7.2010, see reg. 1(1)

(1)

S.S.I. 2007/439 as amended by S.S.I. 2008/294 and S.S.I. 2009/412.