The Hill Farm Allowance Regulations 2001

Eligibility of producers for hill farm allowance

4.—(1) Subject to Article 14.2 of Council Regulation 1257/1999 (third indent), and to regulation 5, a claimant shall be eligible for hill farm allowance provided—

(a) his claim is made in an area aid application submitted in the year 2000;

(b) an area of at least ten hectares of claimed forage area entered in that area aid application lies within a less favoured area; and

(c) subject to paragraph (2), the notional livestock density on the eligible forage area is not less than 0.15 livestock units.

(2) The Minister may determine that a notional livestock density of less than 0.15 livestock units is sufficient for the purposes of paragraph (1)(c) if he is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the number of animals other than relevant animals kept on the eligible forage area and any other obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.

(3) In order to enable him to consider whether to exercise his discretion under paragraph (2), the Minister shall be provided with such information as he reasonably may require.