The Moorland (Livestock Extensification) (Wales) (Amendment) Regulations 1996

Amendments to the Moorland (Livestock Extensification) (Wales) Regulations 1995

2.—(1) The Moorland (Livestock Extensification) (Wales) Regulations 1995(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) in the definition of “compensatory allowance”, for the phrase beginning with “or” and ending with “1994” there shall be substituted the phrase “, the Hill Livestock (Compensatory Allowances) Regulations 1994(2) or the Hill Livestock (Compensatory Allowances) Regulations 1996(3)”;

(b) in the definition of “ewe” there shall be substituted for the phrase “the last preceding qualifying date” the phrase “1st January in the year in which the application was received”;

(c) the following definition shall be inserted after the definition of “livestock unit”—

““lowland flock” means a number of breeding ewes which an eligible person maintained on that part of his holding which was not a participating production unit in the year prior to the submission of his application and which ewes were not comprised in a qualified flock during that year;”;

(d) the following definition shall be inserted after the definition of “production unit”—

• ““qualified flock” has the same meaning as in regulation 2(1) of the Hill Livestock (Compensatory Allowances) Regulations 1996;”;

(e) the definition of “qualifying date” shall be revoked; and

(f) at the end of the definition of “Sheep Pilot Extensification Scheme” there shall be added “and established by Council Regulation (EEC) No. 797/85 on improving the efficiency of agricultural structures(4) as amended by Council Regulation (EEC) No. 1094/88(5) and Council Regulation (EEC) No. 591/89(6) and as read with Commission Regulation (EEC) No. 4115/88(7)”.

(3) There shall be inserted after paragraph (4) of regulation 2 the following paragraph—

“(5) Unless the context otherwise requires, any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date of making of the Moorland (Livestock Extensification) (Wales) (Amendment) Regulations 1996.”.

(4) In regulation 3 (aid for moorland extensification)—

(a) in sub-paragraph (a), there shall be inserted before “the” where that word appears second the words “a figure to be specified by the Secretary of State, which figure shall not be greater than”;

(b) in each of paragraphs (i) and (ii) of sub-paragraph (b), there shall be inserted after “unit” where that word appears first the words “(including, for the purposes of this paragraph, and in the case where land forming part of that unit but not being eligible moorland is given up during that season, land which replaces such land and which in the opinion of the Secretary of State is capable of maintaining the same number of animals as the land given up as aforesaid)”;

(c) in each of sub-paragraphs (c) and (e) there shall be inserted after “unit” the words “(including, for the purposes of this sub-paragraph, and in the case where land forming part of that unit but not being eligible moorland is given up during the extensification period, land which replaces such land and which in the opinion of the Secretary of State is capable of maintaining the same number of animals as the land given up as aforesaid)”;

(d) in sub-paragraph (f) the formula

“” shall be substituted for the formula

“”; and

(e) in sub-paragraph (g), there shall be substituted for the phrase beginning with “the” where that word appears second and ending with “which” the phrase “the sum of the lowland flock and the reference flock, which reference flock shall be reduced by 10 or as the case may be by such greater figure specified in the undertaking as”.

(5) In paragraph (2) of regulation 8 (amounts of aid and claims)—

(a) there shall be substituted “£30” for “£25”; and

(b) there shall be substituted for the phrase beginning with “specified” and ending with “3(g)” the phrase “of ewes by which the size of the beneficiary’s flock has to be reduced in consequence of the undertaking given by him under regulation 3(h)”.

(6) Paragraph (3) of regulation 8 shall be revoked.

(7) The following paragraph shall be inserted after paragraph (4) of regulation 8—

“(5) Where an undertaking given under regulation 3(a) relates to common land no payment shall be made to a person under paragraph (2) if any reduction in the number of ewes kept on his holding in order to enable him to comply with that undertaking arises out of the actions of any person who—

(a) has a right to use that land for the purpose of grazing ewes or relevant livestock by virtue of any right of common; and

(b) is not a party to an equivalent undertaking given in relation to that land.”.

(8) In regulation 9 (obligation to permit entry and inspection)—

(a) the word “verifying” shall be revoked and that word inserted at the beginning of each of sub-paragraphs (a) and (b) of paragraph (1);

(b) the word “and” at the end of paragraph (1)(a) shall be revoked;

(c) the phrase “obligations; and” shall be substituted for the phrase “obligations.” in paragraph (1)(b);

(d) the following sub-paragraph shall be inserted after paragraph (1)(b)—

“(c) monitoring the effectiveness of the arrangements for which these Regulations provide.”; and

(e) the following paragraph shall be inserted after paragraph (2)—

“(3) In this regulation, “land” and “building” respectively do not include any land or as the case may be building used only as a dwelling.”.

(1)

S.I. 1995/1159.

(2)

S.I. 1994/2740, amended by S.I. 1995/100, S.I. 1995/1481, S.I. 1995/2778 and S.I. 1996/27 and revoked by S.I. 1996/1500.

(3)

S.I. 1996/1500.

(4)

OJ No. L93, 30.3.85, p.1 (repealed by Council Regulation (EEC) No. 2328/91 (OJ No. L218, 6.8.91, p.1).

(5)

OJ No. L106, 27.4.88, p.28.

(6)

OJ No. L65, 9.3.89, p.1.

(7)

OJ No. L361, 29.12.88, p.13.