Interpretation
2.—(1) In these Regulations–
“1911 Act” means the Small Landholders (Scotland) Act 1911(1);
“1991 Act” means the Agricultural Holdings (Scotland) Act 1991(2);
“1993 Act” means the Crofters (Scotland) Act 1993(3);
“2003 Act” means the Agricultural Holdings (Scotland) Act 2003(4);
“activities” means the activities referred to in regulation 10(1) and columns 2 of Schedule 2 and “activity” is to be construed accordingly;
“applicant” means a person who has made an application for aid in accordance with regulation 3 and in regulations 13 to 17 includes a person who has given an undertaking and a person who takes on an undertaking on a change of occupation as provided in regulation 12;
“application for aid” means an application for aid under these Regulations and “application” is to be construed accordingly;
“area related options” means those land managers options numbered 9 to 19 in Schedule 2;
“authorised person” means a person who is authorised by the Scottish Ministers under regulation 13 either generally or specifically, to act in relation to matters arising under these Regulations;
“Commission Regulation 796/2004” means Commission Regulation (EC) No. 796/2004 laying down detailed rules for the implementation of cross compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(5);
“Commission Regulation 1974/2006” means Commission Regulation (EC) No. 1974/2006 as amended by Commission Regulations (EC) No. 434/2007(6) and (EC) No. 1236/2007(7) laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(8);
“Commission Regulation 1975/2006” means Commission Regulation (EC) No. 1975/2006 as corrected by Commission Regulation (EC) No. 1396/2007(9) laying down detailed rules for the implementation of Council Regulation (EC) No. 1698/2005, as regards the implementation of control procedures as well as cross compliance in respect of rural development support measures(10);
“compliance requirements” means the compliance requirements specified in regulation 10(5);
“Council Regulation 1782/2003” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(11);
“Council Regulation 1698/2005” means Council Regulation (EC) No. 1698/2005 as amended by Council Regulations (EC) No. 1944/2006(12), (EC) No. 2012/2006(13) and (EC) No. 146/2008(14) on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(15);
“Crofters Commission” means the Crofters Commission established under section 1 of the Crofters (Scotland) Act 1955(16);
“eligible land” means land which is eligible in accordance with regulation 8 as read with any relevant specific eligibility requirements under particular land managers options;
“grazings committee” means a committee appointed under section 47(1) or (3) of the 1993 Act and includes a grazings constable;
“holding” means all the production units managed by a farmer that are situated within Scotland;
“IACS Regulations” means the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005(17);
“IACS year” has the meaning given to it in regulation 2(1) of the IACS Regulations;
“land managers options” means the options set out in Schedule 2;
“landlord” means–
in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the landlord within the meaning of section 85 of the 1991 Act;
in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the landlord within the meaning of section 93 of that Act;
in the case of a croft within the meaning of the 1993 Act, the landlord within the meaning of section 61(1) of that Act; and
in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the same as it means in the 1911 Act,
and, where appropriate, includes a head tenant;
“relevant competent authority” has the meaning given to it in regulation 5 of the IACS Regulations;
“relevant period” means the period of the undertaking as determined under regulation 10 and the relevant period may be different in relation to different activities or for each different undertaking;
“scheme guidance” means the guidance published by the Scottish Ministers from time to time under regulation 20(18);
“scheme year” means the year commencing on the last date for submission of the single application under regulation 6 of the IACS Regulations as read with Article 20 of Commission Regulation 796/2004 and having the same period as the IACS year;
“single application” has the meaning given to it in Article 2(11) of Commission Regulation 796/2004;
“tenant” means–
in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the tenant within the meaning of section 85 of the 1991 Act;
in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the tenant within the meaning of section 93 of that Act;
in the case of a croft within the meaning of the 1993 Act, the crofter within the meaning of section 3(3) of that Act;
in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the landholder within the meaning of section 2(2) of the 1911 Act,
and, where appropriate, includes a sub tenant; and
“undertaking” means an undertaking or undertakings in writing given by an applicant in accordance with regulation 10.
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000(19) which has been recorded and is consequently capable of being reproduced.
(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or numbered Schedule, shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
(4) Any reference in these Regulations to a numbered paragraph, shall be construed as a reference to the paragraph so numbered in the regulation or Schedule in which the reference occurs.
(5) Words and phrases used in Schedules 2 and 3 and not defined in paragraph (1) shall be construed in accordance with Schedule 1.
O.J. No. L 141, 30.4.2004, p.18 as last relevantly amended by Commission Regulation (EC) No. 1550/2007 (O.J. No. L 337, 21.12.2007, p.79).
O.J. No. L 104, 21.4.2007, p.8.
O.J. No. L 280, 24.10.2007, p.3.
O.J. No. L 368, 23.12.2006, p.15.
O.J. No. L 311, 29.11.2007, p.3.
O.J. No. L 368, 23.12.2006, p.74.
O.J. No. L 270, 21.10.2003, p.1 as last amended by Council Regulation (EC) No. 146/2008 (O.J. No. L 46, 21.02.2008, p.1).
O.J. No. L 367, 22.12.2006, p.23.
O.J. No. L 384, 29.12.2006, p.8.
O.J. No. L 46, 21.02.2008, p.1.
O.J. No. L 277, 21.10.2005, p.1.
1955 c. 21 repealed by the Crofters (Scotland) Act 1993 (c. 4) which continued in existence the Crofters Commission.
The scheme guidance is available online at www.scotland.gov.uk or from the Scottish Government Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.
2000 c. 7 as amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).