The Hill Farm Allowance Regulations 2003

Regulation 2(1)

SCHEDULE 1 Notional Livestock Density

Notional livestock density shall be calculated as follows—

where—

• “A” is the number, expressed in livestock units, of relevant animals on the claimant’s qualifying forage area;

• “B” is the number of livestock units grazed on so much of the claimant’s qualifying forage area as does not fall within a less favoured area (“non-LFA land”) and, for this purpose, any non-LFA land other than common land shall be treated as being grazed by 1.9 livestock units per hectare and any non-LFA land which is common land shall be treated as being grazed by 1.0 livestock unit per hectare;

• “C” is the claimant’s eligible forage area expressed in hectares;

• “NLD” is the notional livestock density on the claimant’s eligible forage area.

Regulation 7(1)

SCHEDULE 2 Payment Rates Per Hectare

Column 1	Column 2
1.  Severely disadvantaged land (not being moorland or common land)	£42.74
2.  Disadvantaged land (not being moorland or common land)	£22.90
3.  Moorland or common land	£16.02

Regulation 9

SCHEDULE 3 Deductions from Relevant Forage Area

1.  If, on 31st March 2002, a claimant had available to him an individual reference quantity of milk, the relevant forage area shall, subject to paragraph 5 of Schedule 4, be subject to the deductions specified in paragraph 4 of this Schedule.

2.  The deductions shall be calculated by reference to the number of livestock units deemed to constitute the dairy herd kept by the claimant on land in England (“the notional dairy herd”), determined in accordance with paragraph 3.

3.  The notional dairy herd shall be calculated as follows—

TLU = IRQ ÷ 5730

where—

• “IRQ” is the individual reference quantity of milk (expressed in litres) available to the claimant in relation to his land in England;

• “TLU” is the number of livestock units in the notional dairy herd; and

• “5730” is the number of litres of milk deemed to be equivalent to the annual production of one dairy cow.

4.  The deductions to relevant forage area shall be made as follows—

(a) X hectares shall be deducted from A, where X is equal to the lesser of—

(i) TLU ÷ 1.9; and

(ii) A;

(b) if TLU is greater than 1.9X, Y hectares shall be deducted from B, where Y is equal to the lesser of—

(i)

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; and

(ii) B;

(c) if TLU is greater than 1.9X + (1.4 × Y), Z hectares shall be deducted from C, where Z is equal to the lesser of—

(i)

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; and

(ii) C;

• where—

  • “A” is the number of hectares of relevant forage area not within a less favoured area;

  • “B” is the number of hectares of relevant forage area which is disadvantaged land or severely disadvantaged land, in each case other than moorland or common land;

  • “C” is the number of hectares of relevant forage area which is moorland or common land; and

  • “TLU” is the total number of livestock units in the notional dairy herd.

Regulation 10

SCHEDULE 4 Holdings situated partly outside England

Agency arrangements

1.  The Secretary of State may arrange for any of her functions under these Regulations in relation to any claim in respect of a holding situated partly in Scotland to be exercised on her behalf by the Scottish Ministers, and may agree to exercise any corresponding functions on behalf of the Scottish Ministers.

2.  Any such arrangement shall be in writing and be signed by or on behalf of the Secretary of State and the Scottish Ministers and any such arrangement may be subject to such conditions (including conditions as to the costs and charge for costs) as may be agreed from time to time.

Set-off

3.  In relation to a holding situated partly outside England, the amount of any sum payable by the Secretary of State by way of hill farm allowance, whether as principal or on behalf of any other competent authority, may, without prejudice to the amount of any sum payable by the Secretary of State to any other competent authority, be set off against the amount of any sum recoverable by the Secretary of State, whether as principal or on behalf of such competent authority.

Apportionment of livestock units

4.  Where any holding in respect of which a claim has been made is situated partly outside England, the number of livestock units grazed on that part of the holding which is situated in England shall be calculated as follows—

N = TLU × X ÷ Y

where—

• “X” is the claimed forage area in hectares of that part of the holding which is situated in England;

• “Y” is the total claimed forage area in hectares of that holding;

• “TLU” is the total number of livestock units grazed on that holding; and

• “N” is the number of livestock units grazed on that part of the holding situated in England.

Apportionment of individual reference quantity of milk

5.  Where any holding in respect of which a claim has been made is situated partly outside England, the individual reference quantity of milk which shall be treated as available to a claimant in relation to his land in England shall be calculated as follows—

IRQ = TIRQ × X ÷ Y

where—

• “X” is the claimed forage area in hectares of that part of the holding which is situated in England;

• “Y” is the total claimed forage area in hectares of that holding;

• “TIRQ” is the total individual reference quantity of milk available to the claimant in respect of that holding; and

• “IRQ” is the individual reference quantity of milk which is treated as available in respect of that part of the holding which is situated in England.