Determination of Unadjusted Payable AreaS
8.—(1) [F1Subject to regulation 8A, the unadjusted payable area] is the total of the areas of eligible land of the applicant in each grazing category, calculated in accordance with the following formula—
Where—
P is the unadjusted payable area;
Subject to regulation 9(2) and (3), E is the area of eligible land in each field or shared grazing in the Scheme Year for which payment is to be made; and
V is the hectare value for each field or shared grazing determined in accordance with paragraph (2).
(2) For the purpose of paragraph (1), the hectare value is the entry in the third column of Schedule 3 corresponding to the grazing category in the second column of that Schedule.
(3) For the purposes of this regulation, the grazing category of each field or shared grazing of the applicant is the entry in the second column of Schedule 3 corresponding to the entry in the first column of that Schedule relating to the base year stocking density of each field or shared grazing.
(4) For the purposes of paragraph (3), the “base year stocking density” for each field or shared grazing is either—
(a)the stocking density that was determined for that field or shared grazing by paragraphs (4) to (12) of regulation 9 of the 2003 Regulations following upon an application for less favoured area support under those Regulations; or
(b)where no stocking density was determined under regulation 9 of the 2003 Regulations for a field or shared grazing, the stocking density figure determined by the Scottish Ministers under regulation 9(5) of the 2005 Regulations for that part of the land of the applicant on or before 31st December 2006[F2; or
(c)where no stocking density was determined for a field or shared grazing under regulation 9 of the 2003 Regulations or under regulation 9(5) of the 2005 Regulations, the stocking density figure determined for the applicant in accordance with regulation 9(4) and Parts I and II of Schedule 4].
Textual Amendments
F1Words in reg. 8(1) substituted (15.5.2019) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/98), regs. 1, 4
F2Reg. 8(4)(c) and word inserted (14.3.2011) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2011 (S.S.I. 2011/73), regs. 1, 5
Commencement Information
I1Reg. 8 in force at 2.7.2010, see reg. 1(1)