The Uplands Transitional Payment Regulations 2012

Regulation 8

SCHEDULE 2 E+W Availability of Individual Quotas: Deductions from Claimed Forage Area

1.  If an individual quota was available to a claimant on 31st March 2011, the claimed forage area is subject to the deductions specified in paragraph 4. E+W

Commencement Information

I1 Sch. 2 para. 1 in force at 13.2.2012, see reg. 1(1)

2.  The deductions are 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. E+W

Commencement Information

I2 Sch. 2 para. 2 in force at 13.2.2012, see reg. 1(1)

3.  The notional dairy herd is calculated as follows— E+W

where—

“IQ” is the individual quota (expressed in litres) available to the claimant in relation to the claimant’s 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.

Commencement Information

I3 Sch. 2 para. 3 in force at 13.2.2012, see reg. 1(1)

4.  The deductions are made as follows— E+W

(a) S hectares are deducted from A, where S is equal to the lesser of—

(i) , and

(ii) A;

(b) if TLU is greater than 1.8S, T hectares are deducted from B, where T is equal to the lesser of—

(i) , and

(ii) B;

(c) If TLU is greater than 1.8S + T, U hectares are deducted from C, where U is equal to the lesser of—

(i) , and

(ii) C;

(d) if TLU is greater than 1.8S + T + 1.4U, V hectares are deducted from D, where V is equal to the lesser of—

(i) , and

(ii) D;

(e) If TLU is greater than 1.8S + T + 1.4U + V, W hectares are deducted from E, where W is equal to the lesser of—

(i) , and

(ii) E;

(f) If TLU is greater than 1.8S + T + 1.4U + V + 1.4W, X hectares are deducted from F, where X is equal to the lesser of—

(i) , and

(ii) F;

(g) if TLU is greater than 1.8S + T + 1.4U + V + 1.4W + X, Y hectares are deducted from G, where Y is equal to the lesser of—

(i) , and

(ii) G;

(h) if TLU is greater than 1.8S + T + 1.4U + V + 1.4W + X + Y, Z hectares are deducted from H, where Z is equal to the lesser of—

(i) , and

(ii) H;

where—

“A” is the number of hectares of claimed forage area not within a less favoured area which is not common land;

“B” is the number of hectares of claimed forage area not within a less favoured area which is common land;

“C” is the number of hectares of claimed forage area within the disadvantaged land;

“D” is the number of hectares of claimed forage area within the disadvantaged land that is either moorland or common land;

“E” is the number of hectares of claimed forage area within the severely disadvantaged land that is not subject to an ESA Agreement or CSS Agreement in respect of any part that area;

“F” is the number of hectares of claimed forage area within the severely disadvantaged land that is either moorland or common land and that is not subject to an ESA Agreement or CSS Agreement in respect of any part of that area;

“G” is the number of hectares of claimed forage area within the severely disadvantaged land that is either moorland or common land and that is subject to an ESA Agreement or CSS Agreement in respect of any part of that area;

“H” is the number of hectares of claimed forage area within the severely disadvantaged land that is subject to an ESA Agreement or CSS Agreement in respect of any part of that area; and

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

Commencement Information

I4 Sch. 2 para. 4 in force at 13.2.2012, see reg. 1(1)

5.  Where a holding in respect of which a claim has been made is situated partly outside England, the individual quota which is treated as available to a claimant in relation to the claimant’s land in England is calculated as follows— E+W

where—

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

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

“TIQ” is the total individual quota available to the claimant in respect of that holding; and

“IQ” is the individual quota which is treated as available in respect of that part of the holding situated in England.

Commencement Information

I5 Sch. 2 para. 5 in force at 13.2.2012, see reg. 1(1)

6.  In this Schedule— E+W

(a) “disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;

(b) “livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit—

(i) one suckler cow,

(ii) one heifer aged 24 months or over,

(iii) 1.67 heifers under the age of 24 months, and

(iv) 6.67 ewes.

Commencement Information

I6 Sch. 2 para. 6 in force at 13.2.2012, see reg. 1(1)