The Extensification Payment (Scotland) Regulations 2002

Withholding and recovery of extensification payments

8.  The Scottish Ministers may withhold, or recover on demand as a debt, the whole or any part of any extensification payment claimed from or granted by them in any of the following circumstances:–

(a) where the grant of an extensification payment to the claimant in question would not, or does not, comply with the Community rules;

(b) where the claimant in question has complied with a stocking density requirement laid down in Article 13(2) of Council Regulation 1254/1999, only by removing bovine animals from the holding of the claimant, otherwise than in accordance with normal husbandry practice;

(c) where, pursuant to regulation 15(5) of the Beef Special Premium (Scotland) Regulations 2001(1) or regulation 5(5) of the Suckler Cow Premium (Scotland) Regulations 2001(2) (which prescribe penalties for overgrazing land), the Scottish Ministers withhold or recover from the claimant in question any beef special premium or suckler cow premium;

(d) where, pursuant to regulation 16 of the Beef Special Premium (Scotland) Regulations 2001 or regulation 6(1) of the Suckler Cow Premium (Scotland) Regulations 2001 (which prescribe penalties for using unsuitable supplementary feeding methods), the Scottish Ministers reduce or withhold the amount of beef special premium or suckler cow premium otherwise payable to the claimant in question;

(e) where the claimant in question, or an officer, employee or agent of that claimant, intentionally obstructs an authorised person, or a person accompanying an authorised person and acting under the instructions of that person, from exercising any power conferred by regulations 11 or 12, or fails without reasonable excuse to comply with a requirement made by an authorised person under regulation 12, or with a request made by an authorised person under regulation 13;

(f) where the claimant in question has failed to supply the information or documents required by the Scottish Ministers pursuant to regulation 6, or has failed to supply it or them within the required period;

(g) where the claimant in question fails, in the reasonable opinion of the Scottish Ministers, to keep any claimant’s document in a form which is accurate and up to date; and

(h) where the claimant in question, when requested by an authorised person requiring information pursuant to regulation 12(a), is unable to demonstrate that the number of bovine animals of six months of age or more on the holding of that claimant can be ascertained on any day of the calendar year for which an extensification payment has been or will be granted.

(1)

S.S.I. 2001/445.

(2)

S.S. I. 2001/225.