The Temporary Set-Aside Regulations 1991

Interpretation E+W+S

2.—(1) In these Regulations, unless the context otherwise requires–

“aid” means the aid referred to in articles 2(a) and (b) of the Council Regulation;

“application” means an application under regulation 3 and “applicant” shall be construed accordingly;

“the appropriate Minister” means–

(a)

in relation to England, the Minister of Agriculture, Fisheries and Food;

(b)

in relation to Scotland or Wales, the Secretary of State;

“the Broads” shall have the same meaning as in section 2(3) of the Norfolk and Suffolk Broads Act 1988(1);

“beneficiary” means a person whose application has been accepted;

“claim” means a claim for aid under regulation 7;

“the Commission Regulation” means Commission Regulation (EEC) No. 2069/91(2) laying down detailed rules for the application of the temporary set-aside scheme for arable land in the 1991/92 marketing year;

“Community Scheme” means the scheme for the temporary setaside of arable land introduced by the Council Regulation;

“the Council Regulation” means Council Regulation (EEC) No. 1703/91(3) introducing a temporary set-aside scheme for arable land for the 1991/92 marketing year and laying down special measures for that marketing year under the set-aside scheme provided for in Regulation (EEC) No. 797/85;

“designated maps” means–

(a)

in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;

(b)

in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;

(c)

in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;

“eligible arable crops” means those crops which are referred to in Article 1(2) of the Commission Regulation;

“eligible person” means a person who on the date of submission of his application occupies a holding as an owner or tenant;

“holding” means land which is occupied as a unit for agricultural purposes;

“landlord” means–

(a)

in England and Wales, in relation to the tenant of a holding or part of a holding, any person who either solely or jointly owns or has a superior tenancy of that holding or part;

(b)

in Scotland–

(i)

in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1949(4) (“the 1949 Act”) applies, the landlord within the meaning of section 93(1) of that Act;

(ii)

in the case of a croft within the meaning of the Crofters (Scotland) Act 1955(5), the landlord within the meaning of section 37(1) of that Act;

(iii)

in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911(6) to which the 1949 Act does not apply, the same as it means in the 1911 Act;

and, where appropriate, includes a head tenant;

“less-favoured area” means land–

(a)

which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/EEC(7) on mountain and hill farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC(8), which list is contained in Council Directive 84/169/EEC(9), as amended by Commission Decision 91/25/EEC(10), and

(b)

which–

(i)

is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or

(ii)

is situated in the Isles of Scilly,

which land is within the area shaded blue or pink on the designated maps;

“National Park Authority” means a special planning board or a joint planning board or a National Park Committee constituted or reconstituted in accordance with Part I of Schedule 17 to the Local Government Act 1972(11);

“Nature Conservancy Council” means in relation to England, the Nature Conser vancy Council for England; in relation to Scotland, the Nature Conservancy Council for Scotland, and in relation to Wales, the Countryside Council for Wales;

“obligations” means the obligations specified in regulation 4;

“plant cover types” means those types listed in Schedule 1;

“premium” means that part of the aid which is referred to in article 2(a) of the Council Regulation;

“registration” means the process of registering for the Community scheme with the appropriate Minister by supplying the information required by article 3 of the Commission Regulation, and “registered” and “registration form” shall be construed accordingly;

“to set aside” means, in relation to land, to withdraw it from agricultural production, and “setting aside” shall be construed accordingly;

“Site of Special Scientific Interest” means any area of land notified by the Nature Conservancy Council under the provisions of section 28(1) of the Wildlife and Countryside Act 1981(12);

“temporary set-aside period” means the period starting with 1st September 1991 and ending with 31st August 1992;

“tenant” means–

(a)

in England and Wales, a person who occupies a holding or part of a holding either–

(i)

under an agreement for the letting of land for a tenancy from year to year; or

(ii)

under an agreement which has effect by virtue of section 2(1) or section 3(1) of the Agricultural Holdings Act 1986(13) as an agreement for the letting of land for a tenancy from year to year; or

(iii)

under a contract of tenancy for a fixed term of years of which at least one year remains unexpired at the commencement of the temporary set-aside period;

(b)

in Scotland–

(i)

in the case of an agricultural holding in which the Agricultural Holdings (Scotland) Act 1949 (“the 1949 Act”) applies, the tenant within the meaning of section 93(1) of that Act;

(ii)

in the case of a croft within the meaning of the Crofters (Scotland) Act 1955, the crofter within the meaning of section 3(2) of that Act;

(iii)

in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1949 Act does not apply, the tenant within the meaning of section 2(2) of the 1911 Act;

and, where appropriate, includes a sub-tenant;

“vernacular buildings” means buildings traditionally found in the locality.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Commencement Information

I1 Reg. 2 in force at 16.8.1991, see reg. 1(1)

(1)

1988 c. 4.

(2)

OJ No. L191, 16.7.91, p. 19.

(3)

OJ No. L162, 26.6.91, p. 1.

(4)

1949 c. 75.

(5)

1955 c. 21.

(6)

1911 c. 49.

(7)

OJ No. L128, 19.5.75, p. 1.

(8)

OJ No. L180, 14.7.80, p. 34.

(9)

OJ No. L82, 26.3.84, p. 67.

(10)

OJ No. L16, 22.1.91, p. 25.

(11)

1972 c. 70.

(12)

1981 c. 69; the provisions concerning Nature Conservancy Councils were amended by Part VII and Schedule 9 of the Environmental Protection Act 1990 (c. 43).

(13)

1986 c. 5.