The Less Favoured Area Support Scheme (Scotland) Regulations 2001

Eligibility for payment of less favoured area support

4.—(1) Payment of less favoured area support may be made to an applicant only if–

(a) that applicant has given an undertaking, in such form as the Scottish Ministers may reasonably require, to continue to use eligible land for eligible agricultural activities for a period of five years from the first payment made under these Regulations or under the 1999 Regulations or the 1996 Regulations;

(b) that applicant applies usual good farming practices on the applicant’s eligible land; and

(c) that applicant does not use substances referred to in Article 14.2 of the Council Regulation 1257/1999.

(2) Paragraph (1)(a) does not apply to an applicant who is in receipt of a retirement pension at the time when that undertaking requires to be given.

(3) An applicant is released from the undertaking referred to in paragraph (1)(a) if–

(a) at the moment that such an applicant receives a retirement pension;

(b) that applicant is prevented from continuing to discharge that undertaking by reason of any material circumstances beyond that person’s control; or

(c) the applicant ceases farming and at least three hectares of the applicant’s eligible land continues to be used for carrying out an eligible agricultural activity.

(4) For the purposes of paragraph (1)(b), an applicant applies usual good farming practices on the eligible land if the applicant complies in relation to the eligible land–

(a) with provisions of environmental legislation set out in Part I of Schedule 5; and

(b) with the verifiable standards set out in Part II of Schedule 5.