The Organic Aid (Scotland) Regulations 1994

Interpretation

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

“application” means an application for aid under the scheme, made in accordance with regulation 7, and “applicant” and “apply” shall be construed accordingly;

“arable land” means land–

(a)

on which an arable crop is growing, or has been planted; or

(b)

which is lying fallow as part of a normal crop rotation (including short-term leys); or

(c)

set aside and which has been land within the meaning of paragraph (a) or (b) above or improved grassland for a period of at least 3 years before the date of application;

“beneficiary” means–

(a)

a person or grazings committee whose application has been accepted by the Secretary of State; or

(b)

a person who occupies a farm or part of a farm following a change of occupation of that farm or part and who has given an undertaking to comply with the obligations relating to that farm or part assumed by its previous occupier;

“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs(1);

“Council Regulation 2078/92” means Council Regulation (EEC) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside(2);

“date of entry into the scheme” means the date on which an applicant proposes to assume obligations under the scheme in accordance with regulation 7(c);

“farm” includes a common grazing;

“farmer” includes a grazings committee;

“grazings committee” means a committee appointed under section 47(1) or (3) of the Crofters (Scotland) Act 1993(3) and includes a grazings constable;

“holding” means all the production units farmed by an applicant or beneficiary;

“improved grassland” means either land used for grazing where over one third of the sward comprises, singly or in mixture, ryegrass, coxsfoot or timothy, or land that has been improved by management practices such as liming and top dressing, where there is not a significant presence of sensitive plant species indicative of native unimproved grassland;

“landlord” means–

(a)

in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1991(4) (the “1991 Act”) applies, the landlord within the meaning of section 85 of that Act;

(b)

in the case of a croft within the meaning of the Crofters (Scotland) Act 1993, the landlord within the meaning of section 61(1) of that Act;

(c)

in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911(5) to which the 1991 Act does not apply, the same as it means in the 1911 Act,

and, where appropriate, includes a head tenant;

“organic farming” means farming in accordance with the standards set out by the UKROFS;

“organic standard” means the standard attained by land on the converted land register of the UKROFS;

“production unit” means land, other than a common grazing, farmed in Scotland by an applicant or beneficiary which would be accepted by the UKROFS as viable for conversion to organic standards;

“rough grazings” means land containing semi-natural vegetation including heathland, heather moorland, bog and rough grassland used or suitable for use as grazing;

“scheme” means the scheme to encourage organic farming methods as specified in Article 2(1)(a) of Council Regulation 2078/92;

“set-aside” means set-aside in accordance with the provisions of Council Regulation (EEC) No.1765/92 establishing a support system for certain arable crops(6) and Article 5 of Commission Regulation (EEC) No.762/94 laying down detailed rules for the application of Council Regulation (EEC) No.1765/92 with regard to set-aside(7);

“specified period” means the period, being not less than 5 years from the date of entry into the scheme and ending on the date of receipt by a beneficiary of the final payment of aid in respect of any land under the scheme;

“tenant” means–

(a)

in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1991 (the “1991 Act”) applies, the tenant within the meaning of section 85 of that Act;

(b)

in the case of a croft within the meaning of the Crofters (Scotland) Act 1993, the crofter within the meaning of section 3(3) of that Act;

(c)

in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1991 Act does not apply, the tenant within the meaning of section 2(2) of the 1911 Act,

and, where appropriate, includes a sub-tenant;

“unimproved grassland” means land used for grazing or mowing which does not constitute improved pasture or rough grazing;

“UKROFS” means the United Kingdom Register of Organic Food Standards as being the body, having responsibility for administrating the European Community Organic Farming Standards under Council Regulation No.2092/91.

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

(1)

O.J. No. L 198, 22.7.91, p. 1.

(2)

O.J. No. L 215, 30.7.92, p. 85.

(3)

1993 c. 44.

(4)

1991 c. 55.

(5)

1911 c. 49.

(6)

O.J. No. L 181, 1.7.92, p. 12.

(7)

O.J. No. L 90, 7.4.94, p. 8.